Proposals of the Ministry of Finance for amending the normative acts regarding the restructuring of budgetary obligations

The Ministry of Public Finance proposes the amendment of annexes no. 1-2 and 4-16 to the Procedure for implementing the measures for the restructuring of outstanding budget obligations on 31 July 2020, through a draft order published on the website under the heading of transparency. The draft order also regulates the forms used to maintain the payment facility whose validity has been lost, to modify the payment facility, as well as for any other operations concerning the procedure for granting and monitoring the payment facilities.

The amendments promoted by the normative acts regarding the restructuring of the budgetary obligations, concern aspects such as:

  • elimination of the ceiling of one million lei;
  • clarification of the provisions regarding the application of the percentage of 5%, 10% or 15% to be calculated by reference to the amount of the main budgetary obligations that are subject to payment facilitation according to art. 4 para. (2) lett. a) of Government Ordinance no. 6/2019;
  • the extension of the scope of the obligations for which the restructuring of the budgetary obligations can be granted, from 31 December 2018 to 31 July 2020, inclusive;
  • extension of the deadline for submitting the notification regarding the intention to restructure the budgetary obligations from March 31, 2021, inclusive;
  • extension of the deadline for submitting the request for restructuring the budgetary obligations from June 30, 2021, inclusive;

 

Also, the harmonization of the provisions of the Order of the Minister of Public Finance no. 2810/2019 with the amendments and completions that intervened in the Government Ordinance no. 6/2019, thus:

 

  • elimination of the phrase “in the case of debtors who have principal debts in an amount greater than or equal to the amount of one million lei”;
  • changing the deadline for submitting the notification;
  • changing the deadline for submitting the request for restructuring of budgetary obligations;
  • completing the scope by including new categories of debtors: debtors who lose the payment rescheduling because their cash resources, forecast during the rescheduling period, do not allow its support, as well as debtors who have guaranteed budgetary obligations;
  • the express regulation of the fact that the notification can be withdrawn at any time by the debtor at his request, without the debtor losing the right to submit a new notification until the fulfillment of the term provided by law;
  • clarification of the provisions regarding the payment of the percentage of 5%, 10% or 15% representing an advance to be paid by reference to the amount of the main budgetary obligations that are subject to payment facilitation;
  • clarification of some procedural aspects related to the issuance of decisions in case amounts are included in advance in the payment schedule, or the debtor requests the modification or maintenance of the payment facility, as well as for any other operations regarding the granting and follow-up procedure payment facilities.