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LAW OF OCTOBER 27, 1999
HUGO BANZER SUAREZ
PRESIDENT OF THE REPUBLIC
THE HONORABLE NATIONAL CONGRESS,
DECCRETA:
STATUTE OF THE PUBLIC OFFICIAL
PRELIMINARY TITLE
PRINCIPLES
ARTICLE 1 (PRINCIPLES). This Statute is governed by the following principles:
a) Service exclusive to the interests of the community and not of bias or political party.
b) Submitting to the Constitution of the State, the Law and the legal order.
c) Recognition of the right of citizens to hold public office.
d) Recognition of merit, capacity and suitability would work.
e) Equal opportunities, without discrimination of any nature.
f) Recognition of effectiveness, competence and efficiency in the performance of public functions for obtaining results in management.
g) Training and improvement of public servants.
h) Honesty and ethics in the performance of the public service.
i) Management by results.
j) Responsibility for the public function.
TITLE I
GENERAL PROVISIONS
ONLY CHAPTER
OBJECT, SCOPE, AND PRINCIPLES
ARTICLE 2 (OBJECT). This Statute, in the framework of the provisions of the Constitution of the State, aims to regulate the relationship of the State with its public servants, to guarantee the development of the administrative career and to ensure dignity, transparency, efficiency and vocation of service to the community in the exercise of the public function, as well as the promotion of its efficient performance and productivity.
ARTICLE 3 (SCOPE OF APPLICATION).
I. The scope of this Statute covers all public servants who provide services in relation to any entity in the State, regardless of the source of their remuneration.
II. The public servants providing services in the autarquical and decentralised autonomous public entities are also covered by this Statute.
III. Administrative races in municipal governments, public universities, judicial branch of the judiciary, public prosecutor's career, foreign service and diplomatic ladder, public teaching, public health service, and Social security shall be governed by its special legislation applicable within the framework laid down in this Statute.
IV. Public servants dependent on the Armed Forces and National Police shall be subject only to Chapter III of Title II and Title V of this Statute.
TITLE II
PUBLIC SERVER
CHAPTER I
GENERAL PROVISIONS
ARTICLE 4 (PUBLIC SERVER). Public servant is that individual person, who, regardless of its hierarchy and quality, provides services in relation of dependency to an entity subject to the scope of this Law. The term public servant, for the purposes of this Law, also refers to dignitaries, officials and public employees or other persons who provide services in relation to dependency with state entities, whatever the source of their remuneration.
ARTICLE 5º (PUBLIC SERVER CLASSES). Public servers are classified into:
a) Elected officials: These are persons whose public function originates in an elective process that is intended for Constitution of the State. These officials are not subject to the provisions relating to the Administrative Career and Labor Regime of the Present Statute.
b) Designated officials: These persons whose public function emerges from an appointment in charge public, in accordance with the Political Constitution of the State, the legal provision or the applicable Administrative Organization System. These officials are not subject to the provisions relating to the Administrative Race of this Statute.
c) Free appointment officials: These are persons who perform administrative functions of trust and specialized technical advice for elected or appointed officials. The Personnel Management System, in a coordinated manner with the Administrative and Budget Organization Systems, shall determine the number and specific privileges of these and the budget allocated for this purpose. These officials are not subject to the provisions relating to the Administrative Race of the present Statute.
d) Career officials: They are those who are part of the public administration, whose incorporation and permanence In accordance with the provisions of the Administrative Race set out in this Statute.
e) Interim officials: These are those which, on a provisional basis and for a maximum period of 90 days, hold public office provided for the administrative career, as long as their performance by officials of the A career according to this Statute and regulatory provisions.
ARTICLE 6 (OTHER PEOPLE PROVIDING SERVICES TO THE STATE). They are not subject to this Statute or to the General Labour Law, those persons who, as a matter of course or for the provision of specific or specialized services, are contractually linked to a public entity, rights and obligations under the respective contract and applicable legal order and whose procedures, requirements, conditions and forms of procurement are governed by the Basic Rules of the System of Administration of Goods and Services.
CHAPTER II
RIGHTS AND DUTIES
ARTICLE 7 (RIGHTS).
I. Public servants have the following rights:
a) To perform the functions or tasks inherent in the exercise of their office.
b) The enjoyment of a fair remuneration, corresponding to the responsibility of his office and the efficiency of your performance.
c) Regarding and consideration for your personal dignity in the function.
d) The enjoyment of holidays, licenses, permits and other benefits under this Statute and the respective Regulations.
e) (a) pension pension, as well as invalidity and survivor's pension rights.
f) The right to health benefits.
g) To be provided with the material resources necessary for the performance of their duties.
II. Career officials will also have the following rights:
a) The administrative career and stability, inspired by the principles of demerit, performance assessment, capacity and equality.
b) training and technical or professional training, under the conditions laid down in this Statute.
(c) To challenge, in the manner provided for in this Law and its regulations, administrative decisions affecting situations concerning their income, promotion or retirement, or those resulting from disciplinary processes.
d) To represent in writing, to the appropriate hierarchical authority, the determinations that are deemed to be in violation of any of their rights.
e) To receive and to know timely information, from the institutional authorities on aspects that may affect the development of their functions.
f) To represent, by way of observing the appropriate hierarchical route, the instructions that you consider to be technically, legally and/or administratively inadequate, that may cause a damage to the entity.
g) The enjoyment of special economic incentives, according to the forecasts set out in this Statute.
h) To receive the necessary protection in the field of hygiene and safety at work.
III. The rights recognised for public servants in this Statute and their legal status exclude other rights established in the General Labour Law and other provisions of the labour regime governing only workers.
ARTICLE 8º (DUTIES). Public servers have the following duties:
(a) Respect and comply with the Constitution of the State, laws and other legal provisions.
b) Develop its functions, responsibilities and administrative duties, with punctuality, speed, economy, efficiency, probity and with Full submission to the Constitution of the State, the laws and the national legal order.
c) To comply with the determinations of their hierarchical superiors, framed in the Law.
d) To comply with the established working day.
e) Atend diligently and efficiently resolve the requirements of the
f) Maintain reservation on matters and information, previously established as confidential, known for their work.
g) Vellar for the economic and efficient use of goods and materials destined for their administrative activity.
h) Keep and maintain, documentation and files in their custody, as well as provide timely and reliable information on the matters inherent in their function.
i) Comply with the provisions regulations regarding safety and hygiene at work.
j) Present sworn statements of their assets and income in accordance with this Statute and regulatory provisions.
k) Declaring the degree of parentage or marriage relationship that they have with elected or appointed officials, which provide services in the administration.
l) Excuse to participate in the membership selection committees of career officials, when there is a relationship with the postulants or the degree of parentage to the third degree of consanguinity and second of affinity, even, according to the computation established in the Family Code.
ARTICLE 9º (BANS). Public servants are subject to the following prohibitions:
a) Exercise powers or functions beyond their competence.
b) Conduct party political activities and of particular interest during the working day or in the exercise of their functions.
c) Use of real estate, furniture or public resources in political, particular or any other nature that is not compatible with the specific activity.
d) Performing or inciting actions that affect, damage or cause impairment to real estate, furniture or materials of the Administration.
e) Promote or participate directly or indirectly, in practices aimed at achieving
f) Participate in paperwork or demarches in which you have direct interest.
g) Achieve favors or benefits in paperwork or arrangements for you or third parties.
h) Dispose or use information previously established as confidential and reserved for purposes other than those of its administrative function.
ARTICLE 10º (CONFLICT OF INTEREST). Public servants may not direct, administer, advise, sponsor, represent or provide services, whether paid or not, to individual or collective persons managing any type of formalities, licenses, authorizations, concessions, privileges or attempt to conclude contracts of any kind, with the entities of the Public Administration.
ARTICLE 11 (INCOMPATIBILITIES).
I. Public servants are subject to the following incompatibilities:
a) Exercising more than one paid activity in the Public Administration.
b) Doing business or concluding private contracts, closely related or contracts with the performance of your tasks in the public function.
II. In addition to being subject to the provisions set out in the first paragraph of this Article, career officials shall not be able to perform duties in the same entity, where there is a marriage or degree of parentage to the second degree of consanguinity and second affinity according to the computation established by the Family Code.
III. The officials of the Teaching Career of the Public Education Service, health services in the rural area and foreign service, are excluded from the incompatibility referred to in the numeral II of this article.
IV. University teachers, teachers of the fiscal magisterium, medical professionals and paramedics, dependent on the health service, as well as those who carry out cultural or artistic activities, will be able to fulfill their functions. remunerated in various public administration entities, provided that they maintain their hourly compatibility.
V. Exceptionally, the Superintendence of Civil Service may authorise the exercise of functions of career officials who have the degree of kinship referred to in the numeral II of this Article in justified cases, provided that
CHAPTER III
PUBLIC ETICA
ARTICLE 12º (PRINCIPLES). Public activity should be inspired by principles and ethical values of integrity, impartiality, probity, transparency, accountability and efficiency that will ensure adequate service to the community.
13º (PROMOTION OF CODES OF ETHICS). Public entities should promote policies and norms of conduct governed by ethical principles and values that guide the personal and professional performance of their servers and their relationship with the collectivity. Any public entity must necessarily adopt an Ethics Code, which is developed by the same entity or other end entity, according to the system of administrative organization.
Mechanisms must be put in place to ensure the evaluation practice of the provisions of the Code of Ethics, so that its results contribute to its development, strengthening and effective implementation.
Public servants are inexcusably subject to the respective Code of Institutional Ethics from the beginning of their official activity.
ARTICLE 14º (GIFTS AND OTHER GIFTS). Public servants are prohibited from accepting, from any individual or collective, public or private, national or foreign, gifts, gifts, benefits or other type of gift, aimed at favoring directly or indirectly the demarches to his position or to assert influences before other public servants for similar purposes, without prejudice to criminal sanctions.
ARTICLE 15º (EXCEPTIONS). Public servants will not be prevented from receiving gifts, gifts or protocols from governments or international agencies, under the conditions under which the law or the official custom admit it.
Civil Service will determine the class of present capable of being incorporated into the state's patrimony, according to its characteristic and value.
CHAPTER IV
RESPONSIBILITY AND DISCIPLINARY REGIME
ARTICLE 16 (LIABILITY FOR PUBLIC FUNCTION). All Public Server subject to the scope of application of this Law, without distinction of hierarchy, assumes full responsibility for its actions or omissions, owing, according to applicable legal provision, to be accountable to the authority or instance corresponding, in the form of his official performance and the results obtained by him.
The elected officials, the appointed, the free appointment and the career officials of the highest level
hierarchical, in form individually or collectively, they also respond to the correct and transparent administration of the entity in charge, as well as the reasonable results of its management in terms of effectiveness, economy and efficiency.
ARTICLE 17 (DISCIPLINARY REGIME). The disciplinary regime defines the treatment of the
situations that contravene the present Statute, the administrative legal order and the rules governing the conduct of each entity. They are governed by the Public Service Liability Regime governed by Law No 1178, Government Administration and Control and its regulatory provisions.
TITLE III
ADMINISTRATIVE CAREER
CHAPTER I
GENERAL PROVISIONS
ARTICLE 18 (ESTABLISHMENT OF THE ADMINISTRATIVE RACE). The administrative career is established with the objective of promoting the efficiency of the public administrative activity in service of the community, the development of its career officials and the permanence of these conditioned to its performance. The administrative career is articulated through the Personnel Management System.
CHAPTER II
ENDOWMENT
ARTICLE 19 (ENDOWMENT PROCESSES). The staffing for the exercise of the function public in the positions determined for career officials, will comprise the functions of quantification of the demand for personnel, individual annual operating programming, valuation of post and remuneration, recruitment, selection, induction or integration. Its modalities, conditions and procedures shall be subject to the provisions of this Statute, the Basic Standards of the System of Personnel Management and specific regulatory provisions.
ARTICLE 20 (QUANTIFICATION OF THE STAFF DEMAND). The demand and requirements of
personnel from each public entity will be quantified and determined in relation to their objectives. To this end, they will quantify and determine the jobs effectively required, taking into account the systems of programming of operations and administrative organization provided for by Law No. 1178, of Administration and Control Government.
ARTICLE 21 (INDIVIDUAL OPERATIONAL PROGRAMMING-ANNUAL). The
individual-year-over-year operational programming
each entity, will establish and define the objectives of each position and the results expected from its performance. The procedures and conditions shall be subject to those laid down in the Basic Rules of the System of Personnel Management and specific regulatory provisions.ARTICLE 22 (VALUATION OF POSITION AND REMUNERATION) entities, through the function of
valuation of posts and remuneration, will technically determine the scope, importance and convenience of each post, assigning it a fair remuneration linked to the national labour market, to the availability of resources and state budget policies.
ARTICLE 23º (RECRUITMENT OF STAFF).
The recruitment processes for public entities within the scope of this Statute shall be based on the principles of merit, competence and transparency, through procedures that ensure equality of selection conditions.
II. Personnel recruitment processes must be performed through internal and external calls.
ARTICLE 24º (SELECTION). The selection of career officers and consequent admission to the public function
will be carried out on the basis of their capacity, suitability, fitness and history of work and personal, prior to the completion of the recruitment established in this Statute and applicable regulatory provisions.
ARTICLE 25 (INDUCTION OR INTEGRATION).
I. For the purpose of ensuring an effective, efficient and convenient adaptation, the career officials who are
selected to develop a new public function, will be subjected to an induction and orientation period of their recent tasks.
II. Career officers incorporated in the exercise of the public or promoted function, in accordance with this
Statute, shall be subject to a regulatory confirmation assessment, the outcome of which will depend on their incorporation or definitive promotion.
ARTICLE 26º (PROHIBITION AND SANCTIONS). The maximum executive authorities of the entities
public that recruit, incorporate or hire staff and have their remuneration, violating the processes that comprise the staffing and the rules laid down in this Statute and regulatory provisions, may be subject to civil liability with charges of economic damage to the State, without prejudice to other responsibilities provided for by Law No. 1178.
CHAPTER III
OF THE ASSESSMENT, MOBILITY AND PROMOTION
ARTICLE 27º (ASSESSMENT OBLIGATION). Public entities, in mandatory form, will schedule and conduct evaluation processes the performance of their career officers, in the form and conditions set out in this Statute, the Basic Standards of the Staff Management System and particular regulatory provisions.
Failure to comply with the rules evaluation processes, will generate administrative responsibility to the highest authority
28º (EVALUATION PRINCIPLES
. The performance evaluation processes of the
career officials will be conducted on a regular basis and will be based on aspects of equality of participation, opportunity, equanimity, publicity, transparency, measurability and verifiability.
The objectives of the evaluations must be determined by each entity and be in advance of knowledge of the servers evaluated.
The parameters for evaluating the performance of the official will include, others, the efficiency, effectiveness, the
initiatives, the works developed and the results achieved.
Public entities subject to the scope of this Statute, must regulate their processes
assessment under this Law, the Basic Standards of the System of Personnel Management and Regulations issued by the Governing Body.
ARTICLE 29º (STAY AND WITHDRAWAL). The permanence and withdrawal of career officers,
will be conditioned to the performance evaluation processes under this Statute, the Basic Standards of the Personnel Management System and regulatory provisions.
ARTICLE 30 (MOBILITY). The mobility of career officials to positions of similar assessment shall observe the modalities, requirements and procedures laid down in the Basic Standards of the System of Administration of Personnel and Specific Regulatory Provisions.
ARTICLE 31st (PROMOTION). The processes of promotion of career officials, are based on the
equal opportunity for participation, capacity in performance and its advertising and transparency.
ARTICLE 32º (AVAILABILITY OF CARGOS). The promotion of career officials will be
conditional on the effective availability of public office, in accordance with the requirements and needs of each entity within the framework of the Administrative Organization System.
ARTICLE 33º (PROMOTION MODES AND CONDITIONS). The promotion processes
may consider modalities that consider participation of career officials through internal calls. The promotion processes for the highest hierarchical levels of the administrative career must necessarily be carried out through internal and external calls.
The public entities will develop the processes to promote their Race officials in the form and
conditions that point to the Basic Standards of the Personal Management System and specific regulatory provisions.
CHAPTER IV
PRODUCTIVE TRAINING
ARTICLE 34th (PRODUCTIVE TRAINING). The training and improvement in the career
management aims at the specialization, training and improvement of human resources and the development of the personnel, professional and administrative of career officials, linked to the achievement of the objectives set in the program of operations of each entity.
ARTICLE 35º (TRAINING PROGRAMS). The implementation of programs training will take
into account the availability of economic resources of each entity, the selectivity and relevance of the beneficiaries and the measurability in the performance evaluations.
The articulation and regulation of the training programs will be carried out through the Basic Standards of the
Personnel Management System and the respective special provisions.
ARTICLE 36º (CONTROL BY TRAINING). The investment of economic resources in programs and
training activities, decisions (a) the executive authority and the use of the beneficiaries shall be subject to scrutiny and
CHAPTER V
INCENTIVES AND PENALTIES
ARTICLE 37º (INCENTIVES OR MOTIVATION
.
I. Career officials will be able to receive economic incentives based on the results of the assessments
of their performance that reflect indicators of excellence, suitability, capacity, motivation and efficiency.
II. The Governing Body of the System of Personnel Management, will determine, in
coordination with the Governing Body of the System of Budget, the legal bases for the establishment of economic incentives.
III. The modalities and conditions regarding the treatment of incentives will be regulated by the Basic Standards
of the System of Personnel Management and specific regulatory provisions.
ARTICLE 38º (BENEFITS COMPLEMENTARY OR COLLATERAL). Any other benefit,
service, assistance or economic relief in money, species, or other, complementary or collateral to the remuneration, shall be regulated and authorized by the Governing Body of the System of Administration of Staff and by the Governing Body
of the Budget System.
ARTICLE 39º (SANTIONS). Two unsuccessful consecutive assessments and other violations of the present
Staff Regulations, of career officials, will result in penalties including calls for attention, fines, temporary suspension of duties or removal from office. position, according to regulation.
CHAPTER VI
RETIREMENT
ARTICLE 40º (RETIREMENT). The withdrawal is the termination of the bond that joins the Administration with the career officer, according to the procedures provided for in this Statute.
ARTICLE 41st (CAUSALES). The withdrawal may be produced by any of the following grounds:
a) Renunciation, understood as the act by which the career officer voluntarily manifests his
determination to conclude his employment relationship with the administration.
b) Retirement, in accordance with the provisions of the relevant regime.
c) Validity and death, in accordance with applicable legal provisions.
d) Those provided for in Article 39º of this Statute.
e) Removal as a result of a disciplinary process for liability for
the public function or judicial process with executed damning statement.
f) Abandonment of functions for a period of three consecutive business days, or six discontinuous, in one month, not
duly justified.
g) By deletion of the charge, understood as the removal of jobs or charges under the System of
Administrative Organization.
ARTICLE 42º (REGISTER). Public entities shall keep a record in which the
records, causes and procedures for the withdrawal of their career officials are recorded and forward the information to the Service Superintendence. Civil under express regulation, in order to provide the information
required for the treatment of possible appeals from affected officials by the hierarchical resource path.
ARTICLE 43º (DELETION OF CHARGE). In the case of removal for removal of charge, government audit exams will be performed, in
mandatory form, that verify the opportunity, merit and convenience of the decision.
The verification that the decision of the (a)
of the public servants concerned, without prejudice to any complaints that may be brought by the public servants concerned, to
Superintendence of the Civil Service.In cases of withdrawal for removal from office, the institution will not be able, in what subtract from tax management, replenish the
itself.
ARTICLE 44º (DISCRETIONARY WITHDRAWAL BAN).
I. The withdrawal of career officials is prohibited through discretionary and unilateral decisions of the
authorities, under the alternative of starting against these procedures and actions of responsibility for the public function and without prejudice to any complaints that may be made by those affected by the Superintendence of the Civil Service.
II. Exceptionally, for sound reasons and according to the Rules of Procedure, the maximum executive authority of the
entities subject to the scope of this Law, may have the withdrawal of a career official, and must inform expressly such a decision, immediately, to the Superintendence of the Civil Service.
III. In the case provided for in the numeral II of this article, the position of the career officer may be unique and
exclusively replaced by internal and external personnel convocation performed by the Superintendence of the Service Civil, no longer than 90 days from received the information.
ARTICLE 45 (REFERRAL). The provisions provided for in this Chapter shall be regulated in
the Basic Standards of the Personnel Management System and the respective regulatory provisions of each entity.
TITLE IV
LABOR REGIME
CHAPTER I
WORKDAY
ARTICLE 46º (WORK TIME). The work schedule of the public servers will be set according to special regulations determined for each Administrative Organization System.
ARTICLE 47º (PERMISSIONS). Public servants may be allowed to leave their
jobs for personal or official purposes, subject to express authorization and in accordance with the provisions laid down in the Basic Staff Regulations and internal regulations of entities subject to the scope of this Statute.
ARTICLE 48º (LICENCIAS). Public servants will be entitled to the enjoyment and use of licenses, with
the right to receive 100% of their remuneration and no charge for holidays, in the following cases:
a) Assistance to scholarships and training courses, according to the The rules for each Organization System
Administrative.
b) By marriage: 3 working days, upon presentation of the certificate of registration and date pointing
issued by the Civil Registry Officer.
c) For the death of parents, spouses, siblings or children: 3 days
CHAPTER II
HOLIDAYS
ARTICLE 49º (DUTY TO VACATION
I. Public servants will be entitled to an annual vacation, relative to seniority, according to the following
scale:
-One year and one day up to five years old, 15 business days.
-Five years and one day until ten years old, 20 working days.
-Ten years and a day or more, 30 business days.
The Executive Branch may establish a collective holiday schedule and regime through special regulations.
III. The system of vacations of the public servants of the administrative careers of the health services and
of the Judiciary, as well as of the teaching career of the service of public education, will be regulated according to its dispositions
ARTICLE 50 (VACATION REGIME). The vacation will not be eligible for pecuniary compensation and
must be used by the public server. Vacation accumulation will not be allowed for more than two consecutive steps.
CHAPTER III
REMUNERATION
ARTICLE 51º (GENERAL BASES). The bases that guide the remuneration of the public servants, are based on the following aspects:
a) Periods and opportunity of the remuneration.
b) Inembargability of the remuneration, within the limits established by the applicable law.
c) Prohibition of deductions from remuneration, intended for political bias or interests, as such are these
requested by the same public servants.
d) Valuation of remuneration taking into account situations referred to the environment and conditions in which
perform your activities.
e) Biennial, State-of-the-State, Unpaid Remuneration.
f) Non-Work Day Payment Ban.
g) Right to the perception of a Christmas aguinaldo equivalent to a corresponding monthly or 12th salary
.
CHAPTER IV
REGULATIONS
ARTICLE 52º (REGULATIONS). The Authority Rector of the Personnel Management System, will propose to the Executive Branch, within a period not greater than six months from the publication of this Law, for its duration by Supreme Decree, the regulatory norms referred to in the Labor Regime provided for in this Title.
TITLE V
DECLARATION OF GOODS AND INCOME
CHAPTER
ARTICLE 53º (DECLARATION OF GOODS AND RENTS). All public servants, whatever their
condition, hierarchy, quality or category, are required to provide express statements about the goods and income they have at the time of their employment relationship with the
During the lifetime of the server's employment relationship with the administration and even at the end of the administration, whatever
the cause of termination, the statements of goods and their income, may be, in any case time, object of verification. For this purpose, public servants will provide periodic declarations and updates according to express regulation.
ARTICLE 54º (PRINCIPLES). The sworn statements of goods and income must observe the principles
of universality, obligation, periodicity and transparency.
The sworn statements of goods and income of elected public officials, In addition
the principle of advertising, the Authority will also be subject to the principle of advertisingand may even the Authority Rector of the Government Control System, for the purposes of verification, request new affidavits on their property and income up to a year after having determined their relationship with the Administration.
ARTICLE 55º (DELEGATION AND REGULATION). The Comptroller General of the Republic, as
Governing Body of the Government Control System, will exercise the allocation of direct and control of a System of Declaration of Goods and Rentas for the entire public sector.
The Comptroller General of the Republic will propose to the Executive Branch, for its duration by Decree
Supreme, the regulations regarding the System of Declaration of Goods and Rentas and to the attributions that, according to the delegation
TITLE VI
CHAPTER I
OF THE PERSONAL ADMINISTRATION SYSTEM
ARTICLE 56º (NOTION). The System of Personnel Management is the set of rules, principles and procedures systematically ordered, which allow the application of the provisions in the field of public function provided for by the Constitution of the State, this Statute, the Government Administration and Control Act, and the applicable regulatory provisions.
The System of Personnel Management is exercised and developed through the Governing Body and by entities
public within the scope of application of this Statute, according to the Basic Standards of Personnel Management, basic regulations and secondary or specialized standards.
ARTICLE 57º (GOVERNING BODY). The Ministry of Finance, in accordance with Article 24 of the Law
No. 1788, dated September 16, 1997, exercises the functions of Organ Rector of the System of Personnel Management, as described in Article 20 of Law No. 1178.
CHAPTER II
OF THE CIVIL SERVICE SUPERINTENDENCE
ARTICLE 58º (CIVIL SERVICE SUPERINTENDENCE).
I. The SUPERINTENDENCE OF CIVIL SERVICE is created with domicile in the city of La Paz and as a person
legal in public law, with national jurisdiction exercising its powers with technical, operational and administrative autonomy, under the The Ministry of Finance, whose aim is to supervise the system and management of the administrative career in public entities falling within the scope of this Statute, by ensuring the application of the principles of efficiency and effectiveness in the public service, the achievement of result by the management, the dignity and the utility rights.
II. The decision of the Ministry of Finance on the Superintendence of Civil Service includes only the scope established by points (a) and (b) of Article 27 of Law No. 1178.
III. The budget of the CIVIL SERVICE SUPERINTENDENCE will be entered annually in the
General Budget of the Nation.
For its financing, all public entities subject to the scope of this Law will have to
budget annually a current transfer of resources in the amount of not more than 0.4% of its approved wage bill for each fiscal management, in favor of the Superintendence of the Civil Service.
In no case is the sum of the transfers budgeted by public entities must exceed
total amount of the Budget presented by the Superintendence of the Civil Service, justified in its Annual Operational Programming, and the percentage of the transfers must be adjusted to cover that amount.
ARTICLE 59º (SUPERINTENDENT, REQUIREMENTS). The Superintendence of Civil Service will be
directed and represented by a General Superintendent who will be appointed by the President of the Republic, proposed by two-thirds of the total members of the Senate.
To be designated as Superintendent General, it is required to comply with the following requirements:
a) Being Bolivian of origin.
b) Not having been sentenced to corporal punishment, except rehabilitation granted by the Senate, nor having any statement of office or self-executing fault, nor be it understood in the cases of exclusion and incompatibilities established by Law.
c) Have ten years of professional experience.
ARTICLE 60 (PERIOD OF DUTIES, JUDGMENT AND INCOMPATIBILITIES).
I. The General Superintendent will have a term of office of six years, and may be re-elected only
after a period similar to the exercise of his duties.
II. You may only be suspended prior to Self-executing and dismissed after conviction
executed, within a court case process, for the responsibility inherent in the exercise of your functions.
III. The function of the General Superintendent is incompatible with the exercise of any other public or private function, with the exception of university teaching.
ARTICLE 61st (ATTRIBUTIONS). They are the privileges of the Superintendent General of the CIVIL SERVICE SUPERINTENDENCE:
a) Knowing and resolving the hierarchical resources raised by aspiring career officials, or civil servants
relating to disputes concerning the entry, promotion or withdrawal of the civil service, or those arising from disciplinary proceedings, within the framework of this Statute and the applicable regulatory provisions.
b) Propose, to the Governing Body of the System of Administration of Personnel, Standards and Basic Regulations for the
System of Administration of Personnel.
c) Monitor and monitor the gradual implementation of the Administrative Race, and may refer, where appropriate, reports to
the Comptroller General's Office for audit through audits special.
d) To monitor the transition process for the full implementation of this Statute.
e) Maintain the registration of information regarding the entry, assessment, permanence, mobility and withdrawal of the
race, in coordination with the Governing Body.
f) Performing internal and external calls of personnel for the case established in Article 43 of the present
Statute, except in the case of his own staff, in which case the calls must be made by the Body Rector of the System of Personnel Management.
g) Promote, in the field of the Personnel Management System, government control through the strengthening of internal control and external audits.
h) Promote, in the entities subject to its competence, the adoption of Codes of Ethics.
i) Coordinate, with the Governing Bodies of the Organization Systems Administrative, Administration of
Staff and Budget, determining the maximum limits, number and budget allocated for free appointment officials.
j) Regular the nature, opportunity and cost of the present and gifts that could legitimately be received by
public servants.
k) To certify and authorize specialized private entities that can provide personnel selection services to public sector entities.
l) Monitor the correct application of the evaluation procedures performance of the entities
public on their career officials.
m) Reporting to the interior of the public administration and to the society in general about the procedures and policies of
be observed by public administration officials and authorities.
n) Grant technical assistance to public sector entities for the correct interpretation and application of the
this Statute and its accompanying rules.
o) Promote and supervise the implementation of training programs.
ARTICLE 62 (HIERARCHICAL RESOURCE RESOLUTION).
I. The competence of the Superintendence of Civil Service to know and resolve the hierarchical resources, is
limited to the cases in which the procedures of reclamation before the corresponding entities have been exhausted, pursuant to Regulation.
II. The decisions issued by the Superintendence of Civil Service are definitive and do not admit, in the way
administrative, ulterior recourse, except the administrative dispute.
ARTICLE 63º (ORGANIZATION). The organization, internal structure and administrative procedures
applicable by the Superintendence of Civil Service, will be approved by regulatory provision.
ARTICLE 64º (RESPONSIBILITY). The Superintendent General of the Superintendence of Civil Service
is responsible for the performance of his duties, in the framework of the one provided by the Public Service Liability Regime of Law No. 1178.
CHAPTER IV
ADMINISTRATIVE PROCEDURES
ARTICLE 65º (OBJECT). An administrative procedure is set for the
processing of claims only related to situations related to the income, promotion and withdrawal of the Administrative Career and those derived from disciplinary processes.
ARTICLE 66º (PROCEDURE). Decisions relating to the entry, promotion and withdrawal of the administrative career may be challenged by means of a recall action brought before the same authority as the contested decision.
refusals of the recall resources pronounced by administrative authority
, may be challenged in a hierarchical appeal to the Superintendent of Civil Service, who shall act by administrative decision in single and final instance, without place to ulterior administrative resource except the administrative litigation.
ARTICLE 67º (REGULATION). The procedures governing the resources above shall be subject to the time limits, terms, conditions and requirements set out by applicable procedural rules to be drawn up by the Governing Body, which shall propose them to the Authority. Executive for approval by Supreme Decree.
TITLE VII
FINAL AND TRANSIENT PROVISIONS
ARTICLE 68º (RUNNING SYSTEMS). Those entities that, according to
with the nature of their activities and administrative organization, have specific legal provisions that regulate their administrative career, must be governed according to the principles and bases
The modalities, deadlines and conditions for this adequacy will be arranged regulatively.
ARTICLE 69º (TREATMENT FOR THE STAFF OF AUTONOMOUS PUBLIC ENTITIES, AUTARQUICAS AND DECENTRALIZED).
I. Public servants dependent on public entities, autarquics and decentralized entities, whose
activities are regulated by special statutory or statutory provisions covered by the General Labour Law, which are services in such entities up to the date of this Law shall remain subject to such employment regime.
II. The new public servants that are incorporated into the public entities mentioned above, as of date
after the validity of this Law, will be subject to the provisions contained in the statutory provisions and regulations. specific to each entity.
III. Public servants dependent on public entities, autarquics and decentralized entities, whose
activity is not regulated by special legal or statutory provisions covered by the General Labour Law, whatever their the form of entry to those entities shall be subject to the provisions of this Statute.
ARTICLE 70 (INCORPORATION INTO THE RACE).
I. Career officials will be considered those public servants who, at the time of the
present Statute, are included in the following situations:
a) Performance of the public service in the same entity, uninterruptedly for five or more years,
regardless of the source of its financing, except as provided in point (b) of this Article.
b) Performance of functions in the same entity, in a manner For seven years or more for
officials holding positions at the highest hierarchical level of the administrative career, regardless of the source of their funding.
c) Those who are currently part of an established administrative career.
d) Those who currently perform a public function and have been incorporated through the Program
of Civil Service, under the Ministry of Finance.
II. Public entities that have conducted personnel incorporation processes during the last five years
years, through competitive public calls and merit assessment in accordance with the principles of this Law, may request the validation of such processes before the Superintendence of Civil Service, the same as, after evaluation, may grant the character of career officials to the personnel incorporated through such processes.
effects of the implementation of paragraphs I and II, can only be incorporated into the race (a) administrative persons who are dependent on voluntary resignation and are wound up in accordance with the employment arrangements to which they are entitled, subject to these Staff Regulations and their provisions, maintaining their seniority only for years of service rating purposes.
ARTICLE 71st (PROVISIONAL OFFICIAL STATUS). The public servants who
currently perform their duties in positions corresponding to the administrative career and whose situation is not included in the preceding article, will be considered provisional officials, who shall not be entitled to the rights referred to in Article 7 (2) of this Law.
The Executive Branch will schedule, in the field of its competence, the gradual replacement of the provisional officials by career officials, through the implementation of institutional development programs.
ARTICLE 72º (REGULATION AND REVISION OF D. S. 23318-A). The Governing Body of the System
of Government Control will propose to the Executive Branch, for its validity by Supreme Decree, the Regulations and revision of the procedures that regulate the internal processes recorded in the D. S. 23318-A. within a period not longer than six months from the publication of this Law.
ARTICLE 73º (UPDATE). The Governing Body of the Personnel Management System is
charged with updating, in accordance with this Statute, the provisions contained in the Basic Standards of the System of Personnel Management.
ARTICLE 74th (BUDGET FOR THE CIVIL SERVICE SUPERINTENDENCE). The Ministry of Finance shall allocate the budget items required for the formation and operation of the Superintendence of Civil Service, through the resignation of available items for existing units that fulfill tasks related to those provided for in this Statute until the transfers referred to in Article 58 of this Law are made effective.
ARTICLE 75º (SCOPE OF THE ADMINISTRATIVE CAREER). Except as expressly stated in
the regulatory laws of public entities within the scope of this Statute, the administrative career established in this Law shall apply to public office
ARTICLE 76º (REGULATORY DEVELOPMENT
. The Executive Branch, by Supreme Decree,
will regulate this Law.
ARTICLE 77º (VALIDITY). This Law shall enter into full force six months after its publication, without
however, any new incorporation of personnel into public entities shall be subject to the provisions laid down in this Statute.
to the Executive Branch for constitutional purposes.
It is given in the Session Room of the Honorable National Congress, at the twenty-two days of the month of October of a thousand
nine hundred and ninety-nine years.
Fdo. Leopoldo Fernández Ferreira, Hugo Carvajal Donoso, Gonzalo Molina Ossio, Roberto Caballero Oropeza,
Veronica Palenque Yanguas, Jorge Sensano Zarate.
Therefore, I enact it so that it has and will comply as the Law of the Republic.
Palace of Government of the city of La Paz, at the twenty-seven days of the month of October of a thousand nine hundred and ninety-nine years.
FDO. HUGO BANZER SUAREZ, Franz Ondarza Linares, Herbert Muller Costas, Juan Antonio Chahin Lupo,
Luis Angel Vasquez Villamor.
