Law 102/2014

The Romanian Parliament adopts this law.

Chapter I — General provisions

Section 1 — Principles

Art. ! 1

• This law establishes the rights and obligations in connection with funeral activities, cemeteries and human crematoria

• The provisions of this law apply to:

1. cults, churches and religious communities, hereinafter referred to as cults, local public administration authorities, economic operators, foundations and associations, owning, managing or maintaining operating or closed cemeteries, commemorative works or human cremations;
2. natural and/or legal persons who provide funeral services, as well as activities related to the maintenance and operation of cemeteries, commemorative works or human crematoria. ! 2

• In the case of graves and/or war commemorative works, provided for in the List of Historical Monuments, the provisions of this law are without prejudice to the provisions of Law no. 379/2003 on the regime of war graves and commemorative works, as amended
• In the case of the inhumation of the stillborn fetus or parts or human organs, the provisions of this law apply, unless there are legal provisions to the contrary

Art. ! 2

• Everyone has the right to a decent burial and to pay the last tribute to the eternal place of
• In determining the place of residence and the organization of funeral services, legal persons and funeral service providers are obliged to cooperate with each other, take into account the will expressed during life by the deceased or, failing that, take into account the religious affiliation of the deceased.

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• The funeral may be religious or secular. Religious burials take place in accordance with the canons, customs of the place, traditions and regulations of the respective cult. In the case of a secular funeral, the organizers determine how the funeral procession will take place.

Section 2 — Definitions

Art. ! 3

For the purposes of this law, the following terms and phrases have the following meanings:

1. cemetery — the space located in the urban or extra-urban area of the locality, which has been, is or will be intended for inhumation;
2. war commemorative works — edifices, monuments of art, commemorative plaques and altars, troites, crosses, cenotaphs or any other constructions or works, as defined in Article 5 of Law no. 379/2003, as amended;
3. aboveground funerary works — emblems, borders, enclosures, slabs, obelisks or any other artwork for inhumation;
4. underground funerary works — crypts for places of inhumation;
5. protected areas — residential areas, balneoclimatic areas, rest and recreation areas, social-cultural institutions, health and education units

Section 3 — The Cemetery

Art. ! 4

The cemetery may be in the public property of the state or administrative-territorial units, legally recognized religious cults or local units of worship/churches in the situation of confessional cemeteries, in the property of economic operators, associations or foundations, as well as in the property of another state, in compliance with the treaties to which Romania is a party.

Art. ! 5

• The administrator of the cemetery is its owner or the one who has the right to
• Local public administration authorities have the obligation to establish public cemeteries in each locality and to organize them in such a way that they have appropriate sectors for each recognized cult, at the request of the cults or local units of worship operating in that locality.
• In localities where there are no communal cemeteries and some denominations do not have their own cemeteries, deceased persons belonging to those cults will be interred according to their own rite in existing cemeteries in operation, except for existing cemeteries belonging to Mosaic and Muslim cults
• The provisions of this article also benefit persons without religious affiliation.

Art. ! 6

• The construction of infrastructure and green areas inside the cemetery, its zoning, fencing and equipping are obligations of the owner
• The owner of the cemetery has the obligation to maintain and maintain the cemetery in operation. This obligation of the owner can be fulfilled, on the basis of the contract, also by an economic operator
• The owner of the cemetery is obliged to draw up the rules for the organization and operation of the cemetery.

Section 4 — Establishment, closure, liquidation and reopening of cemeteries

Art. ! 7

• The urban planning documentation contains the conditions relating to the establishment
• The realization and expansion of any construction or infrastructure of the cemetery is done after obtaining the building permit issued under the terms of the law.
• It is not necessary to obtain a building permit for the execution of signs, borders or enclosures of places of burial, for obelisks or other works of fine art in the cemetery
• In order to dismantle the cemetery, it is necessary to obtain the demolition permit, according to the provisions of Law no. 50/1991 on the authorization of execution of construction works, republished, with subsequent amendments and additions.
• In the case of cemeteries established after the entry into force of this law, the minimum allowable distance between the protected areas and the fence that delimits the cemetery is 100 m.
• The cemeteries are surrounded by fences. In cemeteries established after the entry into force of this law, the fence doubles as a curtain of trees. A free area of 3 m will be provided between the graves and the cemetery fence.

Art. ! 8

• When setting up the cemetery, the owner is obliged to ensure:

1. interior roads and alleys;
2. funeral ceremony hall;
3. the technical space to ensure the temperature of up to 15°C, prior to the funeral ceremony;
4. the existence of a usable water source;
5. Toilets;
6. properly arranged space for garbage storage;
7. green spaces, shrubs, trees on the side of roads and alleys

• In the case of closed cemeteries, where burials are no longer carried out, the owner is obliged to comply with the obligations provided for in paragraph (l) (e) to (g).

Art. ! 9

• If all the burial places in the cemetery or part of it have been occupied, and this is determined by expert expertise, the administrator of the cemetery, having previously brought this situation to the public's attention by means of mass information, may declare the cemetery or the corresponding part of it closed.
• Any person justifying a legitimate interest may challenge the measure of closure of the cemetery to the competent courts, if the cemetery belongs to the state or administrative-territorial units.
• In the situation where the cemetery is a confessional cemetery and ownership of it has been acquired through purchase or donation, the appeal will be resolved by the holding cult, according to its own regulations
• The exhumation of bodies in order to establish the causes of death is carried out only with the consent of the prosecutor or the court
• The bones can be dehumed at any time of the year, without the opinion of the county public health authorities, or the municipality of Bucharest, after 7 years after death.

Art. ! 10

When expanding and reopening a cemetery that has been closed, the rules established for the establishment of cemeteries apply.

Art. ! 11

The abolition and change of the destination of a cemetery can only be done 30 years after the last burial and after the exhumation of all the bones, for duly justified reasons and with the opinion of the State Secretariat for Cults and the respective cult. The liquidation of cemeteries before this deadline is done with the opinion of the county public health authorities, namely the municipality of Bucharest.

Art. ! 12

In the event of the bankruptcy of the economic operator, the dissolution of the association or foundation, the cemetery shall be transferred to the property of the municipality or city on the territory of which it is located, in compliance with the legal provisions in force.

Section 5 — Maintenance and operation of cemeteries

Art. ! 13

The cemetery administrator is obliged to ensure, when necessary, the renovation of the buildings, the maintenance and maintenance of the infrastructure in the cemetery, as well as the maintenance of green areas whose originally established area cannot be reduced for the creation of new places of burial.

Art. ! 14

• The organization and functioning of cemeteries and crematoria is carried out under the conditions of this law, in accordance with the provisions of the Government decision adopted according to the provisions of art. 40 and the regulation of organization and operation approved by the decision of the local council, as well as the regulations on the organization and functioning of the cults, which establish general rules for the services of Inhumation and cremation
• The cemetery administrator has the following duties:

1. comply with the rules of organization and operation of the cemetery;
2. lay down the rules for the provision of incineration and cremation services, as well as the rules for the provision of other services by economic operators or authorised natural persons;
3. ensure the correctness of the concessionaires and the assignment of the places of inhumation, subject to the condition that the place is cared for;
4. to establish the rules of access to the cemetery and the opening hours;
5. ensure the operation and maintenance of the funeral hall, the space provided for in Article 8 (l) (c) and the entire infrastructure;
6. organize the retrieval of the deceased, the opening and closing of the cemetery;
7. to prepare and maintain records and archives;
8. to ensure cleaning, maintenance of roads and alleys, snow removal, garbage collection and transportation;
9. to ensure security and order in the perimeter of the cemetery or crematorium, the maintenance of the enclosures;
10. to provide public relations services and information to visitors

Art. ! 15

• The administrator shall ensure the preparation and maintenance of a record book in which the following data are necessarily entered: current number, day, month, year of inhumation or placement in the niche of the urn with ashes, identification data of the deceased, address of the last place of residence, date of death, number of the plot, row and place of inhumation, the name and address of the person who ordered the inhumation and comments on the type and work of the place of inhumation
• In the case of the inhumation of an unidentified deceased person, the name of the authority that ordered the inhumation and the number of the case file shall be indicated in the registry.
• The person who requested the inhumation and the concessionaire of the place of inhumation shall have access to the register.
• The administrator is obliged, during office hours, to provide information to interested persons about the place of inhumation of the deceased person.

Section 6 — Funeral

Art. ! 16

• Burials may be religious or secular, preceded or not by cremation.
• The place and manner of burial shall be in accordance with the will expressed during the life of the deceased person, without any modification of his or her final will.
• If during their lifetime the deceased has not expressed a wish for burial, the place and manner of burial shall be decided by the person, the family or the authority responsible for the burial.

Art. ! 17

• The following persons are obliged to attend the funeral:

1. the person who has contracted to take care of the funeral;
2. the person established by the will of the deceased;
3. in the absence of a will, the spouse of the deceased, who lived in the same dwelling with the deceased in the latter part of his life;
4. another close relative of the deceased, up to the 4th degree inclusive

• If there is no obligated person in connection with the burial or the obligated person is in an unknown place or does not fulfill his obligation, the mayor of the administrative-territorial unit within the radius of which the death occurred orders regarding the burial.

Art. ! 18

• Holders of the right of ownership, concession or use of the places of burial have the obligation to arrange and maintain these places and the associated existing funerary works, ensuring their appearance as well as possible
• Upon expiration of the term of use of the place of inhumation, the grantor has the right of preemption, and in case of the death of the grantor, the legal heir or, as the case may be, the testator has the right of preemption.
• If cemeteries have places arranged for cults recognized by law, the granting of the right of pre-emption will also take into account the specifics of the respective cult.

Art. ! 19

The administrator of the cemetery withdraws the right to use the places of inhumation and informs the holders of the right of use in writing in the following cases:

1. the holder is assigned another place of inhumation;
2. leaving or maintaining in a state of disrepair for a period of more than 2 years the places of burial and burial works, after prior notice;
3. non-payment of taxes under the terms of the contract.

Art. ! 20

Inhumation or cremation of deceased persons is carried out only on the basis of the death certificate, issued by the civil status officer who registered the death. The death certificate is presented to the cemetery administration, which keeps a copy after it.

Section 7 — Funeral services

Art. ! 21

• Funeral services consist of: receiving the order for burial, transportation of the deceased person, preparation for burial, placing on the catapult and holding the last farewell ceremony, lowering the coffin into the grave, opening and closing the grave, exhumation and rehumation, cremation, retrieval of the urn and placing it in a special niche, handing over the urn.
• Exhumations and rehumations are carried out by the cemetery administrations, in the presence of the family of the deceased person or a representative of the deceased person and the cemetery administrator, in compliance with anti-epidemic sanitary norms.
• Some of the funeral services provided for in paragraph (1) may also be performed
• The religious service performed by the representatives of the cults on the occasion of the funeral is not considered to be the provision of funeral services, according to the provisions of para. (1).

Art. ! 22

The provision of funeral services is carried out in accordance with this law, the Government decision adopted according to the provisions of art.40 and the sanitary technical norms issued by the Ministry of Health.

Art. ! 23

• Funeral services can only be performed in authorized areas
• In public health institutions, it is forbidden to set up and operate spaces for the provision of funeral services, except for the spaces necessary to carry out formalities, in the event of a death occurring in that institution. It is forbidden for the staff of the public health institution to influence the relatives of the deceased person in choosing the provider of funeral services.
• Any form of advertising for companies providing funeral services on the premises of health institutions is prohibited. At the office preparing the formalities, for the deceased persons in the institution, the alphabetical list of companies providing funeral services, with their address and telephone number, can be displayed.
• On the territory of the cemetery, except in the place intended for this purpose, the advertising of funeral services is prohibited

Art. ! 24

In carrying out its specific activities, the funeral service provider is obliged to comply with the funeral applicant's provisions relating to the funeral process or, in the case of religious burial, the church canons.

Section 8 — Funeral service provider

Art. ! 25

• Funeral services can be provided by operators who meet the criteria provided for by this law and by the Government decision adopted in accordance with the provisions of Article 40 and who obtain the opinion of the local council of the administrative-territorial unit in which they operate
• The local council issues the opinion of the operator who meets the following conditions:

1. has the necessary financial and professional capacity;
2. has no outstanding debts to the state budget, the state social insurance budget and the local budget;
3. has the appropriate space for the development of the object of activity in decent conditions

Art. ! 26

The professional criteria that the funeral service provider must meet shall be determined by a decision of the Government, adopted in accordance with the provisions of art. I'm 40.

Art. ! 27

• The necessary financial capacity provided for in Article 25 (2) (a) shall consist of a guarantee fund established for the payment of compensation due in the event of non-performance or defective performance of funeral services. The level of the guarantee fund shall be determined by a decision of the Government, adopted in accordance with the provisions of art. I'm 40.
  • It constitutes a guarantee fund:
  1. the amount deposited in a special account at the bank with which the economic operator has opened the current account;
  2. bank guarantee or malpractice insurance concluded at the amount of the guarantee fund established by decision of the Government.
  Section 9 — Transportation of deceased personsART. ! 28
  • Transportation of deceased persons for inhumation in the same or another locality is carried out in coffins with lids, with specially equipped vehicles for this purpose, which comply with the provisions of sanitary and anti-epidemic norms
  • Transportation of persons deceased due to contagious diseases can be carried out only on the basis of a certificate issued by a doctor specializing in forensic medicine or pathological anatomy and an inhumation certificate issued by the local public administration authority
  Art. ! 29
  • The transport of deceased persons abroad requires the consent of the authorities of the country concerned, as well as the approval of the competent public health institution of the administrative-territorial unit in which the death occurred
  • In order to bring the deceased to Romania, the approval of the Romanian consular office in that country, the approval of the public health authorities of that country, as well as the declaration of receipt from the administration of the cemetery where the burial takes place, is required.
  • In cases of death due to communicable, quarantined diseases, measures are taken to prevent the spread of infection imposed by the state sanitary inspections of the county and the municipality of Bucharest. Transportation of deceased persons in this way is carried out only with the transport health certificate issued by the county public health authorities, respectively the municipality of Bucharest
  • The transport of the deceased outside the place where the death occurred is carried out after embalming, in an impermeable and tightly closed coffin, the bottom of which is covered with absorbent materials.
  • The international transportation of bodies of deceased persons from the country abroad is made on the basis of a mortuary transport passport, issued by the county public health authorities, respectively of the city of Bucharest, depending on the place where the death or exhumation occurred
  • International transportation of the bodies of the deceased is carried out in a sealed, waterproofed coffin, the bottom of which is covered with a 5 cm thick layer of absorbent materials (sawdust, peat), soaked in a disinfectant solution. The casket is deposited in a wooden crate, tightly sealed.
  Section 10 — IncinerationArt. 30Establishment, transformation and renewal of crematoria are carried out in accordance with the provisions of the urban planning documentation, on the basis of the construction permit.Art. 31 If, according to the statement on the death certificate, the deceased can be cremated, the cremation may take place in any functioning human crematorium in the country. The administration of the crematorium keeps a copy of the death certificate.Art. 32For the cremation of a foreign person deceased in Romania or in the case of a foreign person who died in another country and transported to Romania, the approval of the Romanian consular office of the country of which the deceased was a citizen or, failing that, the approval of the competent authorities at the last place of residence of the deceased is required. Art. 33Unidentified deceased persons cannot be cremated. Section 11 — Cemetery Maintenance Art. ! 34
  • For the maintenance and maintenance of the cemetery, the local public administration authority may conclude a public service contract with the economic operator that meets the conditions stipulated by this law and by the Government decision adopted in accordance with the provisions of art. I'm 40.
  • The public service contract contains the following mandatory clauses:
  1. Contracting Parties;
  2. listing of services rendered;
  3. the method and period of provision of services;
  4. quantitative and qualitative parameters to be met;
  5. the duration of the contract, which may not be less than 5 years and more than 15 years, with the possibility of extension;
  6. the method of financing the service;
  7. the value of the services rendered and the method of payment;
  8. the place of activity;
  9. the rules for the use, maintenance, renewal and replacement of fixed assets from the heritage of the public authority, made available;
  10. quantity and quality of equipment required for service
  Art. ! 35
  • The equivalent of the concession of inhumation sites on the territory of the cemetery, as well as the fee for other activities carried out by economic operators, is determined by the owner of the cemetery. The tariff for the maintenance of the cemetery and the places of residence may not be changed during the concession except in accordance with the inflation rate or if legislative changes require additional expenses
  • Visitors to the cemetery are free
  Section 12 — SanctiuniArt. 36It constitutes a violation and the penalty shall be as follows:
  1. violation of the provisions of Art. 6 para. (3), Art. 8 para. (1) lit. d), e), f), g), Art. 15 para. (1) and (4) — with a fine from 500 lei to 1,000 lei;
  2. violation of the provisions of Art. 6 para. (1) and Art. 8 para. (1) lit. a), b) — with a fine from 1,000 lei to 5,000 lei;
     2. violation of the provisions of Art. 6 para. (2) and Art. 8 para. (1) lit. c) — with a fine from 2,000 lei to 5,000 lei.
     Art. 37The determination of the infringement and the application of sanctions shall be made by the National Authority for Consumer Protection.Art. 38The provisions of this law are supplemented with those of Government Ordinance no. 2/2001 on the general regime of violations, approved with amendments and additions by Law no. 180/2002, with subsequent amendments and supplements.Chapter II — Final Provisions Art. 39In the case of graves and/or war commemorative works, the provisions of Law no. 379/2003, as amended, are applicable. 40 Within 90 days of the entry into force of this law, by decision of the Government, the following shall be established:
     1. the professional criteria to be met by funeral service providers, as well as the technical and sanitary standards of such services;
     2. detailed rules and rules concerning the establishment, extension, closure, abolition, reopening of cemeteries, as well as those relating to inhumation, cremation, dehumation and rehumation;
     3. technical and sanitary standards for human crematoria;
     4. Guarantee fund level
     Art. ! 41
     • This law enters into force 90 days from the date of its publication in the Official Gazette of Romania, Part I.
     • This law is supplemented by the legal provisions relating to cemeteries, contained in Law no. 489/2006 on religious freedom and the general regime of cults, republished
     Art. 42On the date of entry into force of this law, any contrary provision shall be repealed.This law was adopted by the Romanian Parliament, under the conditions of Art. 77 para. (2), in compliance with the provisions of Art. 75 and Art.76 para. (2) of the Constitution of Romania, republished.

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