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LAW N ° 1493 LAW OF SEPTEMBER 17, 1993
GONZALO SÁNCHEZ DE LOZADA CONSTITUTIONAL PRESIDENT OF THE REPUBLIC
As soon as the Honorable National Congress has sanctioned the following Law: THE HONORABLE CONGRESS NATIONAL, DECREE: LAW OF MINISTRIES OF THE EXECUTIVE BRANCH CHAPTER I
GENERAL PROVISIONS Article 1. Public Administration businesses are issued by the Ministers of State, whose number and attributions determine the present law in accordance with the provisions of the Political Constitution of the State. For the appointment or removal of the Ministers of State, decree of the President of the Republic will suffice.
Article 2. The Ministers of State are responsible, together with the President of the Republic, for the acts of administration. in the field of the functional competence that this law assigns to each of them, and are jointly and severally responsible for the provisions that the President issues with the agreement of the Cabinet Council.
Article 3. The President of the Republic convenes and chairs the Cabinet Council of Ministers of State. CHAPTER II OF THE STATE MINISTERS
Article 4. The Ministers of State are:
Minister of Foreign Affairs and Cult
Minister of Government
Minister of National Defence
Minister of State Presidency
Minister of Justice
Minister of Finance and Economic Development
Minister of Human Development
Minister of Sustainable Development and Environment
Minister of Labour
Minister of Social Communication Article 5. The President of the Republic may designate, on a temporary basis within the period
constitutional corresponding, up to two Ministers of State without Portfolio, whose competence will be established by presidential decree in the framework of the attributions set forth in Art. 7 of this Law.
Article 6. The superior hierarchical order of the authorities of each Ministry is as follows:-Minister of State-National Secretary
-Under-Secretary The number and specific functions of the National Secretariats and Subsecretariats will be established
by Supreme Decree. The National Secretaries shall correspond to the substantive areas of the Ministries ' competence. The
creation of National Secretaries can only be authorized by the President of the Republic. Article 7. They are common responsibilities of the Ministers of State:
Attend Cabinet meetings.
Provide oral and written reports to the Legislative Chambers.
Concurrant to the elaboration of the General Budget The Nation.
Resolve, ultimately, the administrative matters that are deducted from the acts of their competence.
Refuse the acts of government and administrative of the President of the Republic concerning his office, signing all corresponding decrees and resolutions.
Propose the President of the Republic, in its areas of competence, strategies compatible with national objectives, as well as the operations, budget and financial commitments programmes required to implement them.
Dispose the application of the approved strategies and to monitor and evaluate their execution, and can assign functions in the technical, administrative and operational order to other instances of their Ministry.
Constituency advisory councils or sectoral commissions suitable for the best ministerial role.
Present the President of the Republic and the Cabinet Council the projects corresponding to their areas of competence.
Hire and remove the personnel of their Ministry in the terms established by the Civil Service Law and the policies of the governing body of the personnel system, except as stated in Articles 8 and 10 of this Law.
Establish the needs and negotiate and administer the financing and external technical cooperation for its areas of competence, in the framework of the debt and public investment policies and in agreement with the Minister responsible for such policies.
To ensure the compatibility of their actions with those of other Ministers and to coordinate and agree with them on matters of shared interest.
Raise the President of the Republic the memory and annual account of his Ministry for presentation To the National Congress.
Exercise the other attributions that the Constitution and the Laws point out to them.
Article 8. The National Secretaries are appointed by Supreme Resolution.
Article 9. These are the common functions of the National Secretaries:
Propose the Minister for sectoral policies for the area of his/her competence.
Schedule, organize, administer, execute and control the approved policies and the issues of their
Issue the relevant administrative resolutions.
Report to the Minister of the matters submitted to your office.
Vellar for the compatibility of your actions with those of other National Secretaries, coordinate and agree with them on issues of shared interest.
Meet other functions that I pointed out The Supreme Regulatory Decree or the Minister entrusts them.
Article 10. The Undersecretaries are appointed by ministerial resolution by the Minister of the branch jointly by the corresponding National Secretary.
Article 11. The Undersecretaries exercise, in specific technical areas, the administrative and operational functions assigned in the Supreme Regulatory Decree.
Article 12. In case of absence or impediment of a Minister of State, the President of the Republic, by presidential decree, will commission the supply to another Minister or a National Secretary of the Ministry concerned.
Article 13. It is up to the Minister of Foreign Affairs and Cult to execute the foreign policy of the country, assuring its compatibility with the strategies approved by the President of the Republic, and in particular:
Represent and defend the interests of the Republic in international affairs and in matters relating to territorial integrity and sovereignty.
Giving priority and making every effort and action necessary for the achievement of the inalienable right Bolivia's maritime reintegration.
Participate in the negotiation and subscription of international, bilateral, multilateral and international treaties, conventions and agreements where such competence does not correspond to another State body.
Represent the Republic in the organizations, meetings and events Except in cases where the President of the Republic is making representation to another Minister or public official and in those other cases in which the representation of the Republic is defined by international conventions.
Spread and promote the image of the Republic abroad.
Design and implement measures aimed at seeking greater economic integration of the country abroad, as well as to improve trade relations with friendly countries or groups of countries.
To protect Bolivian citizens and interests in the
Regular, monitor and coordinate state relations with religious cults established in the Republic.
Formulate and execute governance and internal security policies.
To maintain public order and social peace and to exercise full rights and constitutional guarantees.
Coordinate your duties with those of other state security agencies.
Organize and administer the prison regime and its care services.
Regular external migration and caution the rights and obligations of foreigners and their assimilation and integration with the national community.
Exercise the powers conferred on them by law relationship to the activities of the central government with departmental governments.
Exercise the functions of prevention and social defense against crime and crime.
Direct, in accordance with the instructions of the President of the Republic, National Police forces.
Article 15. It is up to the Minister of National Defense to execute the national defense policy, assuring its compatibility with the strategies approved by the President of the Republic, and in particular:
To transmit to the Armed Forces the orders of administrative character dictated by the President of the Republic.
Plan and execute the actions of civil defense.
Velar for military discipline and, through the corresponding courts, for military justice.
Take actions aimed at the defense of the environment in coordination with the Minister of Sustainable Development and the Environment.
Promoting the participation of the Armed Forces in activities related to the integral development of the Nation.
Represent the Armed Forces to the public authorities.
other attributions mentioned in the Armed Forces Organic Law.
Article 16. It is up to the Minister of the Presidency to cooperate with the President of the Republic in all inherent to the administrative leadership of the Presidency of the Republic, and in particular:
Exercise the leadership of the Civil House of the Presidency.
To act in the coordination between the Presidency of the Republic and the Legislative Branch.
To exercise, on pertinent issues, the coordination between the Presidency of the Republic and the Ministries, agencies and officials of the Government. Executive.
To exercise the secretariat of the Council of Ministers and to follow up its decisions.
To ensure the timely processing and legal validity of draft laws, decrees and resolutions to be elevated to the consideration of the President of the Republic.
To maintain the system of documentation and file of the State.
Velar for the timely publication of the legal instruments promulgated by the President of the Republic.
Article 17. It is up to the Minister of Justice to act in everything inherent in the relations of the Executive Branch with the Judiciary and respect for human rights, and in particular:
Propose and administer national defense policy, protection and to ensure the implementation of international treaties and conventions on the subject.
Administer the national public defense program to promote and maintain the balance of due process of law.
Arrange for the dissemination and promotion of knowledge of human rights.
Promote efficiency, effectiveness and suitability in the legal services of the Executive Branch.
Propose appropriate legislative and administrative measures for the fight against corruption and impunity.
Project and propose the update and correction of the agreed laws and the special laws that make up that part of the legal system.
Article 18. It is up to the Minister of Finance and Economic Development to act in all inherent to the development of economic activities and public finances, ensuring the compatibility of their actions with the strategies approved by the President of the Republic, and in particular:
Formulate, implement and monitor the sectoral policies of the economic area.
Formulate, implement and monitor fiscal and public debt policy and participate in the formulation of Monetary and financial policies.
Establishing with the other Ministries the needs of external financing and international technical cooperation, and to contract the external financing and international technical cooperation included in the general budget of the nation, counting, as regards bilateral relations or With the support of the Ministry of Foreign Affairs and Cult.
Dispose the formulation of the general budget of the nation with the participation of the other Ministries, and control its execution.
Exercise the function of the governing body of the administrative systems established by law.
Implement and control policies for:
(1) the development of the energy and hydrocarbon sector, promoting public and private activities; (2) agricultural, forestry, fisheries, agroindustrial and forestry activities; encouraging the research and application of techniques aimed at increasing production and productivity; (3) the minerometalurgic sector,
ensuring the compatibility of public programs and projects with the private sector and promoting scientific and technological research for the best use of these resources; (4) industrial and artisanal development; (5) promoting the physical integration of the country, in coordination with the Ministry of Sustainable Development and the Environment, and the dictates of standards related to the study, procurement, construction and conservation of the transport network and national and river, lake and sea communications, including regulation and control the exploitation of the rail services of civil and commercial airworthiness and postal and telecommunications services; and (6) the promotion of tourist activity.
Apply and control the patent and trademark regime and the measures.
Formulate, implement and monitor the policies of promotion and promotion of exports and those related to commercial activities, and maintain the trade and corporate register by actions.
Design and apply policies on public enterprises.
Designing and implementing policies in the field of long-term social forecasting.
Article 19. It is up to the Minister of Human Development to act in all inherent to the development, training, well-being and quality of life of the person, ensuring the compatibility of his actions with the strategies approved by the President of the Republic, In particular:
To formulate, implement, and supervise as the Ministry of the Ramo, policies and programs of education as the highest function of the State, to promote with its exercise the culture of the people in all its modalities and forms.
formulate, implement and monitor sectoral policies in the social area.
Promote special policies and programs aimed at the development, protection and defense of family, women, children, youth and old age.
Promoting and stimulating the participation of citizens in their institutions community, as well as in the democratic process.
Stimulating the activities of national community organizations and institutions for the purpose of social promotion and solidarity.
Formulating, implementing and monitoring policies and programs; in health including prevention, protection and recovery of health, as well as nutrition, sanitation and hygiene; in the rural and social development of the original communities and peoples, preserving their identity and organization; in urban development with the encouragement of the construction of social housing, and addressing the problems of Urban and rural marginality.
Encourage the professional training and job training of the worker, the micro-entrepreneur, the cooperatives and the associative units, in a concerted manner among the instances involved in the execution.
Foster scientific and technological development.
Instrumentation of the policies of social security, in accordance with Articles 158 and 162 of the Constitution of the State.
Promote, stimulate and disseminate science, arts and culture and ensure the defense of the nation's cultural and historical heritage.
Understanding the registration of intellectual property and copyright.
Stimulating and promote sports and recreation activities.
Article 20. It is the responsibility of the Minister of Sustainable Development and the Environment to act in all aspects of the harmonious development of the country, articulating the human aspects, the environmental quality, the maintenance and recovery of the renewable natural resources and the rational economic use, and in particular:
to exercise the functions of the national planning system governing body by articulating the sectoral economic and social programs with the territorial dimension in the framework of the sustainable development.
Proposing the President of the Republic the national strategy sustainable development by integrating the territorial and sectoral dimension, and ensuring compliance.
Promoting and disposing of appropriate technologies, and evaluating the use of renewable natural resources in relation to the human action, with the aim of developing the strategies, policies and standards required.
Schedule the use and management of water, air and land resources with their different vocations of use that are state heritage, and regulate their use in the framework of comprehensive watershed management.
Setting standards for impact the environment to which public and private investment projects should be subject and to apply penalties in case of non-compliance.
Apply economic incentives established by law to economic operators who retain the environment and renewable natural resources.
Promote environmental protection projects, watershed recovery, multiple use of natural resources, territorial integration and the like, making the required pre-investment.
Coordinate your actions with those of the other Ministries, departmental governments, and as well as promoting the participation of economic agents and the citizenry.
Article 21. It is up to the Ministry of Labor to act in all inherent conditions and working relationships, and in particular:
Formulate, implement and monitor labour policies, ensuring their compatibility with the strategies The President of the Republic.
Velar for the implementation and enforcement of the General Labor Law, the General Law of Cooperatives and related provisions, as well as the international conventions on the matter.
Evaluate and ensure job improvement and working conditions.
Dispose the study and propose solutions to the problems of unemployment and sub-occupation of the workforce.
Analyzing and tracking labor migration processes and formulating policies based on national interest.
Stimulating policies that encourage and promote the full and intensive occupation of the workforce and encourage labour market integration by promoting coordinated actions with the other ministries.
Support research and intermediation for the best organization of the labour market.
Foster the cooperative organization and associative.
Design and apply occupational security policies.
Velar for effective union activity is achieved, as a means of defense, representation, education and worker culture.
Article 22. It is up to the Ministry of Social Communication to act in all aspects of social communication and the dissemination of government action, and in particular:
Formulating and implementing social communication policies ensuring their compatibility with strategies approved by the President of the Republic.
Organize and develop an information system that investigates and systematises social and public opinion demands.
Directing and coordinating inter-ministerial communication and information and dissemination actions for governance policies.
Promote, through of the media, the national and international dissemination of the image of the country, in coordination, in the latter case, with the Ministry of Foreign Affairs and Cult.
Plan, orient and execute the policy of relation of the Executive branch with mass media, representing the government as the spokesman for the President of the Republic and the Ministerial Cabinet.
CHAPTER III INCOMPATIBILITIES
Article 23. It is incompatible with the performance of the positions of Minister of State, National Secretary and Assistant Secretary of State, to exercise managerial positions or to be a proxy or official of private companies and associations or civic entities; it is also incompatible with such performance is performed by the profession, in a remunerated manner independently or in association, with the exception of the exercise of university teaching.
CHAPTER IV
PROVISIONS VARIABLES Article 24. The Executive Branch will reorder the situation of dependence on the companies, decentralized entities and public services included in the implementation of this law and in accordance with those established by the Constitution of the State.
Article 25. All matters entrusted by law to the existing Ministries prior to the enactment of this law will be addressed directly by the Ministries in accordance with the field and industry.
Article 26. The introductory paragraph and points (d) and (e) of Article 21 ° of Law 1178 of 20 July 1990 are amended as follows:
(No change).
(No modification).
(No modification).
To establish with the other ministries the needs of external financing and international technical cooperation, and to contract the external financing and international technical cooperation included in the general budget of the nation, " counting, as far as bilateral relations are concerned, with the support of the Ministry of Foreign Affairs and Cult.
To proceed to the authorities that corresponds to the commitment that the State assumes through the Ministry of Foreign Affairs. Finance and Economic Development the concertation of all external financing, and improve bilateral agreements with the support of the Ministry of Foreign Affairs and Cult.
Article 27. Article 22 ° of Law 1178 of 20 July 1990 is amended as follows:
Article 22 °.- The Ministry of Finance and Economic Development is the fiscal authority and the governing body of the systems of programming Operations: Administrative Organization; Budget; Personnel Management; Administration of Goods and Services; Treasury and Public Credit; and Integrated Accounting.
These systems will be implemented under the management and supervision of the Ministry of Finance and Economic Development to participate in the design of the policy and will be responsible for developing the government's public credit and fiscal policy.
Article 28. All provisions contrary to this law shall be repealed. Article 29. The Executive Branch is responsible for the regulation of this law.
CHAPTER V TRANSIENT provisions
Article 30. The rights and obligations assumed by the Republic, by organs of the State Ministries of State, are left to the Ministry which, as provided in this Law, corresponds to the activity that originated the pending legal relations.
Article 31. The Executive Branch will have the necessary measures to ensure that the budget agreed in the Law of the Budget 1993 to the State Ministries that have been abolished, is transferred, prior to the fulfillment of the legal provisions, to the Ministries to which, according to this Law, have been transferred to the competences of those.
It is given in the Session Room of the Honorable National Congress, at the fifteen days of the month of September of a thousand nine hundred and ninety-three years.
Pass to the Executive Branch for constitutional purposes. Fdo. Juan Carlos Duran Saucedo, Guillermo Bedregal Gutierrez, Walter Zuleta Roncal, Luis Lema Molina,
Georg Prestel Kern, Raul Tovar Pierola. Therefore, it was enacted so that it has and will comply with the law of the Republic. Palace of Government of the city of La Paz, at seventeen days of the month of September of a thousand nine hundred
ninety-three years. FDO. GONZALO SANCHEZ DE LOZADA, Jorge Gumucio Granier, Min. Foreign Relations and Cult a.i.,
German Quiroga Gómez, Antonio Cespedes Toro, Carlos Sánchez Berzain, Carlos Morales Guillen, Fernando Illanes de la Riva, Fernando Romero Moreno, José Guillermo Justiniano Sandoval, Reynaldo Peters Arzabe, Herman Antelo Laughlin
