Law For The Promotion And Development

Original Language Title: LEY DE PROMOCIÓN Y DESARROLLO ARTESANAL

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law no 306

LAW OF NOVEMBER 8, 2012

EVO MORALES AYMA

CONSTITUTIONAL PRESIDENT OF THE PLURINATIONAL STATE OF BOLIVIA

For the Plurinational Legislative Assembly, it has Sanctioned the following Act:

THE PLURINATIONAL LEGISLATIVE ASSEMBLY,

D E C R E T A:

CRAFT DEVELOPMENT AND PROMOTION ACT

TITLE I

GENERAL PROVISIONS

ONLY CHAPTER

ARTICLE 1. (OBJECT). This Law aims to recognize, protect, promote, promote and

promote the sustainable development of the activity of the artisanal sector, in all its expressions, own of each place.

ARTICLE 2. (PURPOSE). The purpose of this Law is to facilitate the access of the artisanal sector to the

financing, technical assistance, training, access to markets, recovery and dissemination of their knowledge, techniques, skills and skills of the artisans and artisans, in the framework of the integral development of the Plurinational State, creating awareness in the population about its economic, social and cultural importance.

ARTICLE 3. (SCOPE OF APPLICATION).

I. This Law shall apply to any craft activity developed in the national territory, the same as may be

carried out in permanent or mobile workshops, craft complexes, community and family areas indigenous, urban and rural peasants, or any place of work recognized under the characteristics and forms of social organization identified by this Law.

II. The central level of the State, the Autonomous Regional, Regional, Municipal, and Indigenous Governments

Peasants, are responsible for the implementation of this Law.

ARTICLE 4. (SUBJECTS). They shall be subject to this Law, any individual natural or legal person and

collective engaged in the craft activity, of the fields established in Paragraph I of the previous Article.

ARTICLE 5. (DEFINITIONS). For the purposes of this Law:

1. Artisan or Artisan. Person who exercises a creative activity around a specific trade, at a level of

preponderantly manual production and according to his knowledge, technical and artistic skills that transforms the material premium in a useful good with your physical and mental effort.

2. Craft Activity. Transformation of raw material of natural or industrial origin with predominance of work

manual, developed in a small-scale production unit, whose production is made from the articulation of various skills and experiences demonstrated in the production units.

3. Artisanal Workshop. Productive infrastructure where the craft activity and its

respective marketing are usually exercised.

ARTICLE 6. (CLASSIFICATION). For the purposes of this Law, artisanal activity is classified as:

a) Popular Art, referred to the craft activity that produces ornamental and use goods, which incorporate

elements of art, Traditional culture and folklore of the Bolivian people and the universal culture.

b) utilitarian crafts, referred to the craft activity that produces goods of use.

c) Crafts of services, referred to the artisanal activity that provides service offering of type

personnel and/or services for lengthen the useful life of the goods.

d) Urban and rural crafts with cultural identity, referred to the craft activity that constitutes a manifestation of culture, language, social relations, rites and ceremonies of their own; or the collective behaviors that they share cultural traits, such as customs, values and beliefs of Indigenous Nations Peasant and other collectivities.

ARTICLE 7. (GOVERNING BODY). The Ministry of Productive Development and Plural Economics, as the Body

Rector, will develop national policies for the promotion and development of the artisanal sector.

TITLE II

DEVELOPMENT AND PROMOTION CRAFT SECTOR

CHAPTER I

PROMOTION

ARTICLE 8. (PROMOTION).

I. The Ministry of Productive Development and Plural Economy, in coordination with the Ministry of Foreign Affairs,

Ministry of Cultures, Ministry of Development Planning, Ministry of Education, Ministry of Education, Ministry of Education, Ministry of Education, Ministry of Education, Ministry of Education, Ministry of Education, Rural Development and Land, and the Bolivian Craft Council, based on the needs of the artisanal sector, will formulate the National Program for the Promotion of Artisan Activity; for this purpose, they will have an annual channeled budget of external and internal sources, which will enable them to promote and disseminate internal and external market the artisanal activity and its fairs, identifying and prioritizing the same at the departmental, regional, municipal and autonomous level of Indigenous Peoples Indigenous Peoples.

II. The Autonomous Governments Departmental, in coordination with the Municipal Autonomous Governments, with the

participation of Indigenous Peoples Originating Peasants and artisans ' organizations, will incorporate into their annual operational plans, programs and budgets for training, preservation, development, marketing support and dissemination of the craft activity at international, national, departmental, regional and municipal levels, promoting the realization of departmental and municipal craft fairs.

III. Create the identity stamp or quality? Bolivian Craft, to be awarded by the Ministry of Development

Productive and Plural Economy, in coordination with the sectoral matrix entities, according to Specific Regulations.

IV. Declare of tourist, economic and artisanal interest of the Plurinational and/or departmental, municipal and regional State to communities, zones or regions that are distinguished by their potential, their quality and their productive activity, through its legislative instruments in the framework of its competencies.

ARTICLE 9. (MULTINATIONAL CRAFT FAIR). By this Law, the Fair will be established

Plurinational of the Craft, which will be carried out annually and rotatively in each of the departments of the Plurinational State, as a mechanism to promote the Artisanal activity, whose responsibility for articulation, coordination and execution, will be of the Ministry of Productive Development and Plural Economy, Ministry of Cultures and the Autonomous Regional, Regional, Municipal and Indigenous Governments Native Peasants.

CHAPTER II

ACCESS TO MARKETS AND INCORPORATION

FROM CRAFT TO TOURISM ACTIVITY

ARTICLE 10. (ACCESS TO THE MARKETS). The central level entities of the State, in coordination

with the Autonomous Regional, Regional, Municipal, and Indigenous Governments of Peasants and other competent institutions, responsible for the promotion of exports and tourism, will facilitate access to markets, internal and external, artisans and artisans through policies of promotion, cooperation, partnership, training in business management and facilitation

ARTICLE 11. (INCORPORATION OF THE CRAFT INTO THE TOURIST ACTIVITY). The entities

of the central level of the State, Autonomous Regional, Regional, Municipal and Indigenous Governments Originating Peasants, linkingors to the activity of tourism and artisanal activity, in coordination with agencies Private tourism and craft sector, will design, execute and supervise programs and projects to incorporate crafts into circuits and/or tourism products.

CHAPTER III

INCENTIVES TO CRAFT ACTIVITY

ARTICLE 12. (INCENTIVES). The central level of the State in the framework of its competencies and in coordination

with the Autonomous Departmental and Municipal Governments, will establish incentives to promote artisanal productive capacity.

ARTICLE 13. (CERTIFICATION BY COMPETENCE).

I. The Ministry of Education, through the Plurinational System of Certification of Competences, will formalize the

recognition of the knowledge, knowledge and experiences acquired in their daily and community practice, craft and artisans, developing certification and type-approval programmes at levels and modalities corresponding to the Subsystem of Alternative and Special Education, and addressing the peculiar characteristics of the craft sector, giving priority to the craft trades, in coordination with the Ministry of Development

Productive and Plural Economics, and the Bolivian Craft Council, for the recognition of work and artistic skills.

II. The Ministry of Education will create Artisan Training Centers for Women Workers and Workers in the sector

craft in different areas, for job insertion, social reintegration and which will contribute to enhancing productive capacities for the sector? Living Well?.

ARTICLE 14. (SCHOLARSHIPS). The Ministry of Productive Development and Plural Economy, the Ministry of Education

and the Ministry of Foreign Affairs, through agreements and training plans with Universities, Public and/or Private Institutions, grant scholarships to artisans and artisans for training, improvement, recognition and specialization in craft activity.

ARTICLE 15. (COPYRIGHT AND/OR INTELLECTUAL PROPERTY). The central level of the State

through the instances in charge, will regulate the promotion and support of artisans and artisans, for the purposes of knowledge and registration of their intellectual property rights, both individual, group and/or Community associative, through simplified mechanisms according to current regulations.

ARTICLE 16. (ARTISANAL CENTERS). The central level of the State and the Territorial Entities

Autonomy, within the framework of their competencies, will provide infrastructure in a concurrent way for the creation of craft centers. These spaces will serve as a place of exhibition, auditorium, shelter and others.

ARTICLE 17. (RECOGNITION OF ARTISANS AND ARTISANS).

I. The central level of the State through the Governing Body and the Autonomous Regional, Regional,

Municipal and Indigenous Governments of Peasants, will encourage and promote competitions and competitions with the aim of recognizing and valuing the initiative, talent and effort of the Bolivian artisans and artisans, through a distinction, prior to qualification.

II. The Ministry of Productive Development and Plural Economy, will organize annual competitions to award the craft activity.

ARTICLE 18. (NATIONAL DAY OF ARTISAN AND ARTISAN). Put into force this Law,

institutionalize on the 16th of December of each year, like it? National Day of the Craft and Craft?; where artisans and artisans will expose their craft products in each of their jurisdictions at national level.

ARTICLE 19. (COOPERATION AND PARTNERSHIP). The Autonomous Territorial Entities in the field

of their competences, will promote, promote and facilitate the principles of solidarity, complementarity, cooperation, associativity and the development of synergies between the different actors of the craft activity.

TITLE III

REGISTER AND INFORMATION

UNIQUE CHAPTER

NATIONAL CRAFT INFORMATION SYSTEM AND REGISTRY

ARTICLE 20. Ministry of Productive Development and Plural Economy,

will be in charge of implementing the National Artisan Register through the survey and registration of artisans, workshops and productive associations. craft and craft cooperatives, whose purpose will be to evaluate the indices of contributions and growth of this activity, in order to establish policies, programs and lines of action appropriate to the economic and social reality of the Plurinational State.

This record will be unique and public, and registration in the Register National Artisanal, will be accredited by a

Certificate of Registration, in an integrated way to the Registry of Productive Units.

ARTICLE 21. (NATIONAL SYSTEM OF ARTISANAL INFORMATION). Create the National Artisan Information System, as a subsystem of the Productive Information System? SIP, which will be made up of the representative institutions of the sector, which is responsible for giving information on the number of registered artisans and artisans, the access programs to foreign markets, and the legal, commercial and commercial consultations. and tax, guide the artisan and the artisan on the financial payment modalities offered by the National Financial System, offer a directory of contacts with entities with which the artisan and the artisan needs to interact and inform on the schedule and agenda of fairs at national and international level.

TITLE IV

BOLIVIAN CRAFT COUNCIL

UNICO CHAPTER

FEATURES, OBJECTIVES, AND FUNCTIONS

ARTICLE 22. (CHARACTERISTICS). The Bolivian Council of Crafts is created, as an organ of

coordination and consultation between the public and private sector, represented by the different organized sectors, with the aim of promoting, promoting and develop the craft activity of the Plurinational State.

ARTICLE 23. (CONFORMING). The Bolivian Council of Crafts, is comprised of:

1. The Ministry of Productive Development and Plural Economics,

2. The Ministry of Education,

3. The Ministry of Cultures,

4. The Ministry of Development Planning,

5. A member of the Confederation of Craft Workers of Bolivia (CSTAB),

6. A member of the National Union of Producers of the Popular Art of Bolivia (UNAPB),

7. A member of the Network of Economic Organizations of Craft Producers with Cultural Identity

(OEPAIC),

8. A member of the Unica de Artesanos de Bolivia (CUTAB);

, which must be formally accredited at the beginning of each management.

ARTICLE 24. (FUNCTIONS AND ATTRIBUTIONS). The Bolivian Craft Council will have the

following functions and attributions:

1. Propose, promote and prioritize policies for the development of the artisanal sector, for the execution and coordination of

actions, projects and activities oriented to the artisanal development in consensus with the different craft sectors in the Departmental, Municipal, Regional and Indigenous Indigenous Autonomies.

2. Propose effective mechanisms to promote the development of the artisanal sector.

3. Protect, encourage and support the activity of the different indigenous organizations, productive of crafts and of different indigenous indigenous communities.

4. In special cases, the Bolivian Council of the Craft, may call other ministries, institutions

public or private, associations or organizations of artisans and artisans to ensure the necessary coordination to fulfill its purposes.

5. The creation of departmental, regional and municipal committees of Crafts by the

Autonomous Regional, Regional, Municipal and Indigenous Governments of Peasants with the participation of the organizations of artisans of each of these levels, respecting their organizational forms.

ARTICLE 25. character of the members of the Bolivian Council of Crafts and of the departmental, regional, municipal and indigenous communities of Crafts, is honorary for being a representation delegated by the

TITLE V

ENVIRONMENTAL AND SOCIAL ENVIRONMENT FOR CRAFT ACTIVITY

UNICO CHAPTER

ECOLOGICAL ENVIRONMENT

ARTICLE 26. (SUSTAINABLE USE). The Plurinational State through the

corresponding instances, will ensure, regulate and control the sustainable use of natural resources that can be used as raw materials for the elaboration of the crafts. To this end, it will ask for the support of the agencies or competent entities, in order to create an environmental ecological culture in the sector.

ARTICLE 27. (PROMOTION AND USE OF ALTERNATE CRAFT INPUTS). The State

Plurinational through the Autonomous Departmental and Municipal Governments, will encourage the use of alternate inputs from different areas and regions, in accordance with the environmental ecological criteria, administrative provisions, official rules and applicable legal provisions.

TRANSIENT provisions

FIRST. For the application of this Law, the Executive Body is entrusted with the elaboration of its

regulations within ninety (90) days of its enactment, in the necessary aspects and required by this Law.

SECOND.

I. The Ministry of Productive Development and Plural Economy, will have a period of ninety (90) days from the time of

the regulation, to implement the registration and the craft certificate; as well as regulations and actions identified in the Present Law.

II. All the craft associations and productive organizations, which to date have been operating as

legal persons under different modalities regulated by the Civil Code, the Code of Commerce and the General Law of Societies Cooperatives, they will be able to obtain their recognition as a legal person; for which the Ministry of Productive Development and Plural Economy, will have to design a special program with simple, decentralized and low-cost processes, having a period of duration of twenty-four (24) months from its implementation.

REPEAL AND ABROGATORY DISPOSITION

ONLY. All the provisions contrary to this Law are repealed and abrogated.

It is given in the Session Room of the Plurinational Legislative Assembly, at the nineteenth day of October

of two thousand twelve years.

Remit to the Executive Body for constitutional purposes.

Fdo. Álvaro García Linera, Mary Medina Zabaleta, Angel David Cortez Villegas.

Therefore, it has been enacted to be implemented and complied with as the Law of the Plurinational State of Bolivia.

Palace of Government of the city of La Paz, at eight November of the year two thousand twelve days.

FDO. EVO MORALES AYMA, David Choquehuanca Cespedes, Juan Ramon Quintana Taborga, Elba Viviana

Caro Hinojosa, Luis Alberto Arce Catacora, Roberto Ivan Aguilar Gomez, Nemesia Acacollo Tola, Claudia Stacy Peña Claros, Pablo Cesar Groux Canedo, Amanda Davila Torres.