National Public Administration Freeze On Vacancies - Full Text Of The Rule


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NATIONAL PUBLIC ADMINISTRATION DECADE No. 1545/94 Cowboys. Operating expenses. Outstanding. Jurisdictional payments. Unique Treasury account. Regime applicable to the Organizational Structures. General regime. Contracts system. Transfer of the Works of the Activity. Dinamization of the Regional Economys. Various provisions.

Bs. As., 31/8/94



As a result of the implementation of the measures laid down by Acts No. 23,696 and 23,697, its regulatory decrees and related regulations, the National Government has begun a profound transformation of the Public Sector, whose positive results have been consolidated over time.

That in that order of ideas, the State Reform requires a constant effort in the maintenance of a ferror conduct to achieve the desired objectives.

That one of the fundamental pillars and basic premise of the policy to which the National Government is engaged is fiscal balance and the efficiency of public spending.

That is why it is necessary to analyze and evaluate all those expenses that are funded in the General Budget of the National Administration, as is the case of vacant posts, which can be abolished by producing real and immediate reductions in public spending.

In this regard, it is necessary to address the downsizing of existing vacant posts in permanent and non-permanent personnel plants in the area of the NATIONAL EXECUTIVE PODER and to automatically reduce the budgetary provisions that were intended to finance them.

That a measure of the exhibited characteristics should include the relevant exceptions in the key positions of NATIONAL PUBLIC ADMINISTRATION, which would allow for maintaining, through its coverage, a high rate of performance and effectiveness.

That within the framework of austerity and cost reduction policy in administration, there is a need to produce a global reduction in the balances of unencumbered credits as at 31 August 1994 for operating expenses of jurisdictions and entities.

That, also comes from an effective and orderly provision of the resources of the National Treasury, to proceed to affect, for that purpose, funds collected and not used for Affected Resources and Decentralized Agencies.

That, consistent with the above-mentioned objectives, procedures should be prescribed to achieve greater agility in payments to suppliers and contractors, which would allow for a reduction in costs in the acquisition of goods and services, the determination of certain payment dates and, at the same time, the avoidance of litigation in the bank account of jurisdictions and entities.

That further progress in that same sense will be achieved through the institutionalization of the Unique Treasury Account, for which the SECRETARIAT OF HACIENDA of the MINISTERY OF ECONOMY AND ARTWS AND PUBLIC SERVICES are instructed to put into operation the said system as of 1 January 1995.

That, in order to complete the package of measures aimed at providing more rationality and management agility to the agencies involved, it is necessary to modify the regime applicable to the organizational structures.

It is necessary to have the mechanisms leading to the dictation of general policies and standards relating to procurement of goods and services common to the jurisdictions and entities of the National Public Sector, which will allow for savings in procurement through the decentralization of purchases under rules and guidelines that enable effective and efficient subsequent control of procurement.

That policies should be complemented by the dictation of rules and procedures that enable their implementation and management.

In this regard, an Integrated Contracts System can be created to enable the interaction between the institutional actors involved in the field, and also to establish the basic organizational characteristics of the System.

That it is necessary to create the body responsible for the establishment of general policies and standards, as well as the monitoring of their compliance.

Article 18 of Law No. 23.548 provided that the works belonging to the Regional Development Fund that were authorized, in the process of bidding, contracted or in execution as at 31 December 1987, would be continued until its completion and taken into account in the budget of the National Administration, under the established conditions and the Provinces and MINISTERIO DEL INTERIOR.

On 1 July 1992, the President of the Nation, the Lord Governors of the Comitent Provinces, the Lord Minister of the Int and the Lord Minister of Economy and Public Works and Services signed a Declaration related to financing until its completion of the ONCE (11) works.

That the attention and follow-up to the implementation of the latter are budgetaryly affected to the Dinamization Activity of the Regional Economys by the MINISTERY OF INTERIOR.

In the case of infrastructure works exclusively, its attention is desirable through the Budget of the SECRETARIAN PUBLIC AND COMMUNICATIONS of the MINISTERY OF ECONOMY AND ARTWORKS AND PUBLIC SERVICES, as well as the monitoring and control of the execution of the works involved until their completion, taking advantage of the technical staff that the Secretariat has.

It is appropriate to instruct the SECRETARIAT OF ASSISTANCE FOR THE PROVINCIAL ECONOMIC REFORM of the MINISTERY OF INTERIOR and the SECRETARIAT OF PUBLIC WORKS AND COMMUNICATIONS of the MINISTERY OF ECONOMY and ARTWS and PUBLIC SERVICEs to ensure that the transfer of all relevant documentation is carried out soon.

That the measures propitiated fall within the powers vested in the NATIONAL EXECUTIVE PODER articles 99 (1) and (2) and 100) inc 1 and the Transitional Provision DUODECIMA of the NATIONAL CONSTITUTION.




CHAPTER I OF THE VACANTS Article 1 As of 1 September 1994, all vacant positions of civilian, military and security personnel of permanent and non-permanent plants, irrespective of their nature, as at 31 August 1994, are abolished by the different jurisdictions and entities of the National Administration, as defined by article 8 (a) of Act No. 24,156, including the General Budget of the National Administration in force. Excluyense of the preceding provision the following cases:

(a) The Higher Authorities of the NATIONAL EXECUTIVE PODER, including centralized and decentralized organisms. The positions of Liquidators and Subliquidators of the Waste Entities, the Cabinet Advisers and the Subunits of the Private Secretariats are also excluded (Decree No. 736 of 29 April 1992, its amendments and supplements).

(b) Charges corresponding to the Nomenclator of Executive Functions of the NATIONAL SYSTEM OF THE ADMINISTRATIVE PROFESSIONAL (SINAPA) or equivalent functions of other scale-up regimes. (Decree 993/91, its amendments and complementary)

(c) Charges of any nature of the different existing scales, whose call to contest has been published in the media prior to 1 September 1994.

(d) Permanent charges temporarily occupied within the framework of Decree No. 847 of 26 April 1993 and its amendments, and whose application, duly signed by competent authority, has entered the Jurisdictional Delegation of the Standing Committee on the National System of Administrative Profession, prior to 1 September 1994.

Art. 2o.- The jurisdictions and entities covered by the previous article shall, at the end of QUINCE (15) days, from 1 September 1994, raise the corresponding budget adjustment projects that contain the actual reduction of the credits arising from the valuation of the supplementary posts that are eliminated, including those for the payment of the additional annual salary and the payment of the additional annual salary.

If the requirements of this article are not fulfilled in time and form, the SUBSTANTIVE SUBSECRETY of the SECRETARIAT OF HACIENDA is empowered, so that with the intervention of the General NATION CONTADURY do not give way to any payment order corresponding to the jurisdiction or entity in arrears. If the entity that fails to comply with this article is not financed by the National Treasury, the SECRETARIAT OF HACIENDA will make the respective budget adjustment ex officio.

Art. 3. The General SINDICATURA OF NATION will be responsible for the countering of the emerging provisions of this chapter. Art. 4o.- The holders of the Financial Administrative Services or the officials who do so and the members of the Jurisdictional Delegations referred to in Article 1 (e) shall be directly responsible, in the scope of their competence for the strict compliance with the provisions contained in this Decree, subject to the expectation of considering them in serious defects and the provision of administrative summary instruction, with automatic suspension of office, thus requiring the intervention to the PROCUR CHAPTER II Art. 5o.- The jurisdictions and entities of the NATIONAL ADMINISTRATION shall effect at the end of TEN (10) days from 1 September 1994, a global reduction of TEN BY SCIENTO (10 %) on the balances of the unencumbered receivables as at 31 August 1994 of subsections 2- Consumer Goods, and 3- Non-Personal Services.

The proposed budget adjustment referred to in article 2 of the present decree should also contain such a reduction, with the appropriate intervention of the General SINDICATURA OF THE NATION on the accompanying documentation.

CHAPTER III OF EXCEDENTS. Art. 6o.- Please refer to the SECRETARIAT OF HACIENDA to affect the financial surplus for the National Treasury for resources with specific impact and of the decentralized agencies not committed to the date of this decree and to determine the time limits for their entry to the General TESORRY OF NATION. In the event of non-compliance the SECRETARIAT OF HACIENDA may debit from the respective bank accounts the amounts not entered. CHAPTER IV OF JURISDICTIONAL COUNTRIES Art. 7th. - The jurisdictional treasurys of the Central Administration and those of the decentralized agencies are obliged to make payments to third parties, funded by the National Treasury, within the CINCO (5) working days of making available funds by the General NATION TESORIA.

To this end, the Treasurys involved must support their management by means of fedient notification and in term to the beneficiaries of the funds, in order to avoid claims for arrears in payment. After the period of CINCO (5) working days, the aforementioned Treasurys shall refund to the General TESORERIA of the NATION the funds not made by them. The General CONTADURY of the NATION shall disabling the registration of the paid expenditure, insofar as the return of the funds enter the National Treasury in the same fiscal year in which they were provided.

Art. 8o.- The General SINDICATURA OF THE NATION will report any breaches involving those responsible. CHAPTER V OF THE ONE THING OF THE THIRD. Art. 9o.- As of 1 January 1995, the Unique Treasury Account System will be operational for the orderly management of funds from all sources of current public revenue, credit or other nature of the NATIONAL ADMINISTRATION. Art. 10.- In order to implement the provisions of the previous article, all jurisdictions and entities that make up the NATIONAL ADMINISTRATION shall transfer the balances of their existing bank accounts as at 31 December 1994 to the Unique Treasury Account, proceeding to close the existing accounts at that date. Art. 11.- The Unique Treasury Account System, whose organization and start-up is entrusted to the SECRETARIAT OF HACIENDA of the MINISTERY OF ECONOMIC AND ARTWS AND PUBLIC SERVICES, will cover all payments resulting from the management and disbursements covered in the budget and property management, keeping individualized in the General Treasury of the Nation the respective resources, CHAPTER VI OF THE REGIME APPLICABLE TO ORGANIZATIONAL STRUCTURES GENERAL REGIME. Art. 12.- Approve the regime for the design, formulation, presentation and approval of organizational structures, contained in this decree and Annex I to III that are an integral part of it. Art. 13.- The regime referred to in the preceding article shall be applicable to the jurisdictions and entities of the NATIONAL ADMINISTRATION, defined in the terms of article 8 (a) of Act No. 24.156.

The entities covered by article 8 (b) of the Act shall be supplemented.

Art. 14.- The organizational structures of the jurisdictions and entities of the NATIONAL ADMINISTRATION shall be designed in accordance with the provisions of the Ministry Act, the policies, objectives and programmes provided for in the General Budget of Expenses and Resource Calculation Act of the NATIONAL ADMINISTRATION of each year and the rules of this decree. Art. 15.- Projects of organizational structures, or their modifications, which require the approval of the NATIONAL EXECUTIVE POWER shall be submitted to the EXECUTIVE COMMITTEE FOR CONTRACTING THE ADMINISTRATIVE REFORM by 30 June of each year, in order to enable its treatment along with the Draft Law on General Budget of Expenses and Calculation of Resources of the National Administration and shall be approved within the time frames of the sanction. Art. 16.- Organizational structures shall be approved by decree of the NATIONAL EXECUTIVE PODER up to the first level of operation (National or General Directorate, Management or equivalent unit or lower level unit) in cases where they constitute the first opening of the units President of the Nation, Chief of Staff, Minister, Secretary and Assistant Secretary or Political Authority of decentralized agency, including in the latter the social security institutions. Art. 17.- Please refer to the Chief of Staff and the Ministers, Secretaries of the NATIONAL PRESIDENCE, Chief of the Military House and the maximum authorities of the entities of the NATIONAL ADMINISTRATION to approve the organizational structures of their respective fields, within the time limits provided for in article 15, in the lower-level openings, not covered by the provisions of the previous article. Art. 18.- The approval of the organizational structures provided for in article 17 of the present decree shall enter into force from its publication in the Official Gazette. Art. 19.- Modifications to the organizational structures that may be necessary to introduce as a result of the adoption of the General Budget and Resource Calculation Act of the NATIONAL ADMINISTRATION of each year shall also be in conformity with the provisions of the Distributive Decree of the aforementioned Law that dictates the NATIONAL EXECUTIVE PODER. Art. 20. The modification of an organizational structure consisting exclusively of changes to its funded office facility will be automatic from the publication in the Official Gazette of the corresponding distribution decree of the General Budget of Expenditure and Resource Calculation Act of NATIONAL ADMINISTRATION. Art. 21.- No modification of organizational structure may result in increases in the amount or cost of the approved charges and credits. When the creation of Secretariats, Undersecretariats or National Directorates, or Generals, Managements, or Operative Units of the same level means, they must simultaneously import the deletion of another unit of equivalent level.

Exceptions to the preceding paragraph shall be approved by decree in the General Agreement of Ministers.

Except for this measure to regulatory entities or privatized service counter-reference agencies that have not approved their structure to date, to jurisdictions and entities that need to establish their Internal Audit Units.

Art. 22.- The jurisdictions and entities of the NATIONAL ADMINISTRATION which, in accordance with the provisions of Decree No. 2476/90, are derogated from their organizational structures, shall submit their projects to the EXECUTIVE COMMITTEE FOR CONTRACTING THE ADMINISTRATIVE REFORM, by 30 November 1994, in accordance with the provisions of this Decree.

Until such jurisdictions or entities obtain the approval of their organizational structures, they may not cover their vacant posts, without exception, even if they are budgeted.

Art. 23.- Please refer to the SECRETARIAT of the PUBLIC FUNTION, to dictate the interpretative, clarification and complementary provisions of this regime. Art. 24.- Refer to Decrees No. 1482 of 2 August 1990 and its amended decrees, and articles 15 and 16, and 19-23 of Decree No. 1669 of 9 August 1993. CHAPTER VII. OF THE CONTRACTING SYSTEM Art. 25.- Consider the National Public Sector Contracts System, which will aim to establish the policies and standards necessary for the effective and efficient delivery of the goods and services required by it. Art. 26.- The organization of the system is based on the normative centralization and the decentralization of the operational functions of the recruitments. Art. 27.- Créase the NATIONAL OF CONTRACTIONS that will operate within the jurisdiction of the SECRETARIAT OF HACIENDA of the MINISTERY OF ECONOMY AND ARTWS AND PUBLIC SERVICES. Art. 28.- The NATIONAL OFFICE OF CONTRACTIONS shall be the governing body of the Contracts System established by Article 25 and shall have the primary responsibility and actions set out below:

(a) Primary responsibility: Proposing policies and establishing standards and systems for the effective, efficient and economic performance of the National Public Sector.

(b) Actions:

I. Propose the recruitment policies of the National Public Sector.

II. Adopt the rules for implementing the policies defined in the field of recruitment. III. Design and implement systems to facilitate effective and efficient operational management of recruitments.

IV. Organizing the statistical system on recruitment, for which it will require and produce the necessary information for this purpose.

V. Disseminate policies, standards, systems, procedures and tools to be implemented by the National Public Sector System.

VI. Advising jurisdictions and entities in the development of their annual recruitment programmes, aimed at integrating the basic budget information on expenditures.

VII. Organize the required records for the monitoring and evaluation of the operation of the System.

Art. 29.- The powers granted by the present decree to the MINISTERY OF ECONOMY AND PUBLIC SERVICES AND SECRETARIAT OF HACIENDA are exclusive of any intervention by another agency of the NATIONAL EXECUTIVE PODER in the field of contracting. CHAPTER VIII. OF THE TRANSFER OF THE WORKS OF ACTIVITY, DINAMIZATION OF REGIONAL ECONOMIES. Art. 30.- From the date of the present decree, they are transferred to the SECRETARY OF ARTWORKS AND COMMUNICATIONS OF THE MINISTERY OF ECONOMY AND ARTWORKS AND SERVICES PUBLICS the functions and powers for the fulfilment of the commitments made by the national State in the Acts-Agreements signed by the Ministry of Foreign Affairs with the Comitent Provinces in the framework of Activity 01- Dinamization of the Regional Economys, until the completion of the works detailed in Annex IV, and which form an integral part of this article. Art. 31.- Authorize the Lord Secretary of Public Works and Communications of the MINISTERY OF ECONOMY AND ARTWORKS AND SERVICES PUBLICS to delegate to the National Directorates of their area that are competent, to carry out the monitoring and control of the execution of the works mentioned in the grid annexed to the previous article, as well as all those administrative tasks inherent to them. Art. 32.- Instruct the SECRETARIAT OF ASSISTANCE FOR THE PROVINCIAL ECONOMIC REFORM of the MINISTERY OF INTERIOR and the SECRETARIAT OF PUBLIC AND COMMUNICATIONS OF THE MINISTERY OF ECONOMY AND ARTWS AND SERVICES PUBLICS to subscribe, within the TREINTA (30) days from the date of this decree, to a record where the transfer of the documentation is necessary to comply with the provisions of article 30. Art. 33.- See the Secretary of Public Works and Communications of the MINISTERY OF ECONOMY AND ARTWS AND SERVICES PUBLICS to renegotiate, if necessary, the Acts-Agreement mentioned in article 30 of this decree, with the purpose of fulfilling the objectives pursued with the willing transfer. CHAPTER IX. VARIAN PROVISIONS Art. 34.- Please inform the Internal Audit Unit of each jurisdiction to centralize annual planning and performance reports, prepared by the Internal Audit Units of the dependent entities. Art. 35.- Faccinate the SECRETARIAT OF HACIENDA OF THE MINISTERY OF ECONOMY AND ARTWORKS AND SERVICES PUBLICS to issue the clear, interpretative and complementary rules regarding the provisions of this decree, except as provided for in article 23 thereof. Art. 36.- Invite the LEGISLATIVE and JUDICIAL POWERS of NATION, to proceed to dictate in their specific scope similar provisions to those contained in this decree. Art. 37.- Contact, post, give to the National Directorate of the Official Register and archvese. -- MENEM - Domingo F. Cavallo. Annex I


The design of the organizational structures of the jurisdictions and entities of the National Administration should be consistent with the programmatic categories provided for in the National Administration's General Budget and Resource Calculation Act.

Organizational openings will therefore be designed in such a way that the organization ' s role as a means for the implementation of programmes, subprogrammes, projects, works or activities budgeted is easily and measurable and the executing units of those programmes are identified.


Political levels result from the National Constitution, laws and decrees applicable to the organization of the National Administration and the provisions of this decree.


The ministerial secretariats will be organized on the basis of the substantive competencies assigned to the ministries by the respective Law.

The existence of a single Secretariat for Legal, Technical and Administrative Coordination shall be admitted by Ministry.


SECRETARIAT OF NATIONAL AND JEFATURA PRESIDENCE DE GABINETE shall be created and amended in accordance with the provisions of the Ministry Act.

Its organization will respond to the substantive responsibilities assigned to each of them by the NATIONAL EXECUTIVE POWER.

The Secretary unit will be able to have a dependent, first-level organizational unit.


Organizational units at the Undersecretariat level will have strict correspondence with higher political levels (Ministry and Secretariats)

The opening in Undersecretariats will be accepted only on the basis of the assigned responsibilities, translated into a constant and permanent workload that should be reflected budgetaryly and also clearly manifested by comparison with other units of the same level regarding the volume of human, material and financial resources allocated by the Honorable Congress of the Nation.

The Undersecretariats of the NATIONAL REPRESIDENCE will count as high, with two first-level organizational units, by Undersecretariat.


In accordance with the provisions of the Administrative Procedures Act and its regulations, there shall be a single General Secretariat by jurisdiction, the head of which shall review at the highest level of the general scale in force in the National Administration. The head of the General Secretariat shall cease to serve with the Minister who appointed him.



The first operational level will be composed of executing units that result in first openings of political levels, regardless of their title or hierarchy, provided that they have under their responsibility, at least, the development of a programme category budgeted.


The subsequent levels will correspond to the breakdowns of the first operating level.


Each ministerial jurisdiction may only have as many first-level organizational units, substantive, as a result of multiplying the number of Undersecretariats by three (3).

They may be distributed according to the needs of each jurisdiction.

Identical criterion will be applied with respect to the second and third level operating units with respect to the first level.

The establishment of legal affairs and administrative services units or their equivalents, irrespective of their denomination, and their eventual delegations in dependent offices, should be provided with a favourable, prior, report of the EXECUTIVE COMMITTEE FOR ADMINISTRATIVE REFORM.

Annex II



Organizational structures will be presented with the following integration:




They shall be grouped at least by Secretariat and decentralized agency.

The total or partial modifications to be submitted will imply the derogation of the replaced structures.



The National Constitution and the Ministry Act provide for the functions and competences they perform for the purposes of the State. The objectives arise as the results to be obtained by the State in relation to future scenarios to be achieved, through the implementation of human, real and financial resources, within the framework of budgetary regulations. Its quantification will be verified through budget targets to be met. They should therefore be defined, in the latter sense, in terms of primary and concurrent responsibility


They describe the specific tasks to be carried out in accordance with the intended objectives.


They are made up of job groupings of public agents, with real and financial resources, which allow them to combine inputs, to achieve terminal or intermediate products. Organizational units are classified as:

1. Organizational units of political leadership; President of the Nation, Chief of Staff, Minister, Secretary, Assistant Secretary, or Senior Decentralized Authority.

2. First operating organizational units: they are those that constitute the first opening of the levels considered "political". These organizational units can be called, in an indistinct manner:

(a) With the denomination they have historically had. Yeah. National Budget Office, National Statistical and Census Institute, National Accounts.

(b) With the designations of the National Directorate, General, Management or equivalent, Management or denomination of the lower level unit.

(c) With the designation of the Programme, Subprogramme, Project, Work or Activity that have primary responsibility.

In the jurisdictions and entities within the NATIONAL SYSTEM of the ADMINISTRATIVE PROFESSsion, the level assigned to the position of the holder shall be added to the previous identification

3. Other organizational units of operating level: they are constituted by the openings of the units defined as of first operating level.

Annex III




It graphically represents the structures. When more than one is presented, 1.1; 1.2 and successive.

Annex 1.1 The Presidency of the Nation, Chief of Staff, Ministry, Secretariat of the NATIONAL REPRESIDENCE or decentralized agency will be represented to the first level of operation. It will include the units that constitute the first openings of the units, President of the Nation, Chief of Staff, Ministry, Secretariat or Undersecretariat and the mention of the related decentralized agencies.

The integration of the level of political leadership and the first operational level will be graphed in the decentralized agencies. The cabinets will be graphed laterally.


The objectives will be described in terms of primary responsibility and concurrent responsibilities.

The actions will be described in terms of their contribution to achieving the goals.

Organizational descriptions along with budgets should enable the organization to be evaluated as an appropriate tool for the realization of programmes, subprogrammes, projects, works or budgetary activities.


The amounts of charges provided for in the Distributive Decree of the General Budget of Expenses and Calculum and Resources of the National Administration shall be disaggregated by grouping. Organizational structures may therefore not include non-budgeted charges.

In cases where, for subsequent acts, which are subject to the same budget law, new charges are created, they will be presented separately until their inclusion in the following distribution decree. They shall be indicated in the following order:

1. Political-level positions

2. Private cabinets and secretariats

3. General plant

4. New Charges


They will include openings not included in point 3.1, following criteria similar to those of that point. They must be presented for approval with the following integration.




Annex IV


- Presa Embalse y Central Hidroeléctrica Casa de Piedra.

Provinces: Buenos Aires - La Pampa - Río Negro


- New Hospital San Juan Bautista

Province: Catamarca

- Expansion of the Potable Water Supply Work and Cloacales drains of Virasoro Governor.

Province: Corrientes

- Reservoir Sur

- Cisterna Torre Tanque and enlargement potabilizer plant

Province: Chaco

- Multiple use of the River Teuco - Laguna Yema - III Stage

Province: Formosa

- Hydro-Electro-Mechanical Central Hydraulic Las Maderas

Province: Jujuy

- Construction of the new Hospital Presidente Plaza

Province: La Rioja

- Represa de Anillaco - Department Castro Barros

Province: La Rioja

- Provincial Route No. 19 - Tramo Wuanda Desired - Arroyo Grande-Deseado Section

Province: Missions

National Route No 14 stretch Dos de Mayo - San Pedro

Province: Missions

- El Tunal - Central Hydroelectric Dam and complementary works

Province: Salta