A long-awaited solution for the business environment has recently emerged: the possibility of electronic submission of the application and of the accompanying documents for the issuance of the certificates / portable documents A1. These are necessary for companies that post workers on the territory of the European Union or for self-employed workers who are going to work outside Romania.

The A1 portable document is the only one that certifies that the person is legally employed and the payment of social insurance is made in the country that issues it, but is not equivalent to a work permit. This certificate is unique in the European Union and is issued in each country by the relevant authorities, in Romania the responsible institution being the National House of Public Pensions (CNPP).

The activity of companies posting workers in the community space was greatly hampered by the long periods of time between the submission of the dossier for obtaining A1 portable documents to their actual arrival, often with companies having to post staff before taking possession of the documents, thus risking additional penalties and controls by the authorities of their own states or of the posting states of the personnel. The time that usually elapsed between submitting applications for A1 portable documents and obtaining them physically was somewhere between 3 and 6 months, and given that a company was engaged in a contract involving the posting of staff to Community territory. usually staff was posted before physically obtaining A1 documents, so as not to risk losing contracts with Community partners.

CNPP, in the press release occasioned by the launch of the online submission facility, states that the certificate can be obtained within a reasonable time, if the submitted dossier is complete. It remains to be seen what this reasonable period of time actually means in days, weeks or months, one thing is clear from this statement, the institution has not implemented a system to verify the correctness of completing applications, so that it is no longer necessary to return to the submitted file.

The documents required to obtain the A1 portable certificate are:

  • in the case of employers:
    • Company registration certificate;
    • Fiscal attestation certificate;
    • Certificate from the Territorial Labor Inspectorate, respectively declaration on the own responsibility of the employer’s legal representative, showing the total number of employees;
    • Certificate stating the situation of the employer, issued for the current month from the Trade Registry;
    • Current financial statements of the applicant in Romania;
    • Declaration on the employer’s own responsibility to certify the turnover achieved by him in Romania and that achieved by him on the territory of the other Member State, in the last year, respectively from the date of establishment;
    • Commercial contracts implemented on the Romanian territory prior to the period for which the attestation of the applicable legislation is requested;
    • Commercial contracts to be implemented on the Romanian territory in the period for which the attestation of the applicable legislation is requested;
    • The contract / pre-contract concluded between the Romanian employer and the employer in the state of employment, as well as the authorized translation;
    • Monthly declaration D112 (Annex 1.1 and Annex 1.2);
    • The identity card in Romania of the employee (s);
    • The individual employment contract of the employee / s;
    • Certificate regarding the contribution period completed in the last 12 months;
    • Statement on the employer’s own responsibility attesting to the periods for which the persons for whom A1 portable documents are requested have benefited from forms E 101 and E 102, A1 portable documents.
  •  in the case of the self-employed:
    • Certificate of registration in the trade register and authorization of operation;
    • Fiscal attestation certificate;
    • Certificate issued for the current month from the Trade Registry;
    • Current financial statements of the applicant in Romania, in which to record information on gross income earned in Romania and in the state of employment (financial documents will be presented, such as the tax decision and / or the register of receipts and payments, signed and stamped);
    • Commercial contracts implemented on the Romanian territory prior to the period for which the attestation of the applicable legislation is requested;
    • The contract (s) or pre-contract (s) concluded by the self-employed person regarding the activity in the state of employment, as well as the authorized translation;
    • Proof of insurance in the public insurance system for accidents at work and occupational diseases;
    • Proof of insurance in the public system of social health insurance;
    • Proof of Insurance in the public unemployment insurance system;
    • Romanian identity card of the self-employed person concerned;
    • Certificate regarding the contribution period completed in the last 12 months;
    • Statement on the own responsibility stating whether or not the self-employed person concerned has benefited from forms E 101 and E 102, portable documents A1.

How to electronically submit the application for the A1 portable document (some section names not available in English marked between „”):

  • Enter the CNPP website, https://www.cnpp.ro/.
  • Select from the main menu Comunicare cu publicul – Depunere cereri și documente”.
  • On the newly opened page, in the Depunere cereri și documente” area (on the left), select Persoane juridice”, then Relații internaționale”.
  • Choose the relevant request from the menu at the top of the Depunere cerere pentru” page. For companies, select Societăți comerciale – cazuri de pluriactivitate”.
  • Fill in the data of the person making the request, the identification data of the company, then in the area at the bottom will be uploaded the documents of the people for whom the portable documents A1 are requested, in the area Fișiere de încărcat”.
  • Careful! The CNPP does not specify whether to upload documents one by one for each employee, or whether all scanned documents can be uploaded in a single file for all employees, there are no instructions regarding the maximum accepted file size to be uploaded, the accepted format of the files or whether or not they must be electronically signed or by hand. Therefore, before an effective application, it would be useful to call the CNPP to clarify all this information.
Note: The text is valid at the date of its publication, is for guidance purpose only and represents an interpretation of the specialists of the company Cont Consulting, without intending to replace the legal provisions in force. We are not liable for any damages caused by the use of this material for legal purposes or as evidence in any dispute.
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