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AMEND LAW NO. 20,530 AND CREATE THE MINISTRY OF SOCIAL DEVELOPMENT AND FAMILY

Original Language Title: MODIFICA LA LEY Nº 20.530 Y CREA EL MINISTERIO DE DESARROLLO SOCIAL Y FAMILIA

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LAW NO. 21.150 AMENDS LAW NO. 20,530 AND CREATES THE MINISTRY OF SOCIAL DEVELOPMENT AND FAMILY Having present that the National Congress has given its approval to the following, Bill: " Article 1.-Please introduce the following amendments in the Law No. 20,530, which creates the Ministry of Social Development and modifies legal bodies indicating: 1. Replace on its behalf the expression "Ministry of Social Development" by "Ministry of Social Development and Family". 2. In Article 1: a) Amend the first indent in the following terms: i. Replace the term "Ministry of Social Development" with "Ministry of Social Development and Family". Replace the phrase "vulnerable persons or groups" with the following: "to persons, families or vulnerable groups at different times of the life cycle". b) Incorporate the next second, new, second indent to be third, and so on: " The Ministry of Social Development and Family will also collaborate with the President of the Republic in the design, implementation and coordination of policies, plans and programmes aimed at providing social protection to those individuals or groups and families who, without being vulnerable, may be faced with contingencies or adverse events, which could lead to a situation of vulnerability. Such policies, plans and programmes shall aim to prevent recipients from passing on to a condition of vulnerability in the terms of this law. "(c) Reposition in the second subparagraph, which becomes the third indent, the expression" Ministry of Social Development "by" Ministry of Social Development and Family ". d) Replace the third indent, which becomes fourth, by the following: " The Ministry of Social Development and Family shall ensure the coordination, consistency and coherence of policies, plans and programs in the field of equity or development social, at national and regional level, from a family and social integration approach, in the appropriate cases. A family approach will mean the implementation of social policies that focus on families and their territorial, social and socio-cultural environment. The Ministry of Social Development and the Family shall also ensure that such plans and programmes are implemented in a decentralised or decentralised manner, where appropriate, while preserving coordination with other public services. " (e) In the fourth subparagraph, which becomes fifth indent: i. Replace the term "Ministry of Social Development" with "Ministry of Social Development and Family". Add, following the expression "to the population," the phrase ", to the people, vulnerable groups and their families." (f) in the sixth indent, which becomes the seventh indent: i. Replace the term "Ministry of Social Development" with "Ministry of Social Development and Family". Interleave, following the expression "vulnerable," the word "families." (g) In the seventh indent, which becomes eighth: i. Replace the term "Ministry of Social Development" with "Ministry of Social Development and Family". Replace the expression "society" with "all people". iii. Add the following final sentence: "This information must be provided in various media, in order to encourage the inclusion of all people." 3. Amend Article 2 as follows: (a) Add the following number (1), new, past: (1), (2) and (3) to be numerals (2), (3) and (4), respectively: " (1) Family: fundamental core of the society, composed of persons united by affective, kinship or partner links, in that there are mutually supportive relationships, which generally share a same home and have bonds of protection, care and sustenance between them. "b) In the third paragraph of the numeral 1), which has become numeral 2), replace the expression" Ministry Social Development "by the Ministry of Social Development and the Family", and the "Committee" Interministerial for Social Development "by" Inter-Ministerial Committee on Social and Family Development "(c) In numeral 2), which has become numeral 3), intersperse, following the expression" among others, ", the following sentence:" or to present (d) In the numeral 3), which has become numeral 4), replace the expression "Ministry of Social Development" with "Ministry of Social Development and Family". e) Intercalase the following number 5), new, passing current 4), 5) and 6) to be numerals 6), 7) and 8), respectively: " 5) Persons or groups and families at risk of vulnerability: those who are not vulnerable for social, economic reasons, health, among others, may be faced with the loss of their stability requiring a special public effort to prevent the improvement of their living and social welfare conditions. " (f) In the numeral 4), which has become numeral 6), replace the term "Ministry of Social Development" with " Ministry of Social Development and Family ". 4. Amend the first paragraph of Article 3 in the following manner: (a) Replace in its heading the expression 'Ministry of Social Development' by 'Ministry of Social Development and Family'. (b) In point (a): i. Replace the phrase "vulnerable persons or groups" with "vulnerable persons or groups or at risk of vulnerability, families". ii. Replace the term "Ministry of Social Development" with "Ministry of Social Development and Family". (c) Replace in point (b) the expression "Inter-Ministerial Committee for Social Development" by " Inter-Ministerial Committee for Social Development and Family ". (d) Substitute in the second, third and fifth subparagraphs of (c) the expression" Ministry of Social Development "by" Ministry of Social Development and Family ". (e) Replace in the final paragraph of point (c) the expression" numeral 1) Article 2 (2) (2) of Article 2 ". (f) Amend point (d) as follows: a. In his first paragraph: i. Interleave, between the phrase "through evaluation" and the "de" preposition, the phrase "and pronouncement through a follow-up report". ii. Intercalase, between the expression "social programs" and the phrase "must be made available to the Inter-Ministerial Committee", the following: " may be considered in the allocation of resources in the process of formulation of the draft Law of Budgets and ". iii. Replace the term "Inter-ministerial Committee" with the "Inter-Ministerial Committee on Social Development and Family". Add the following second paragraph, passing the current second paragraph to be the third paragraph: " A regulation issued by the Ministry of Social Development and Family, and also signed by the Minister of Finance, will regulate these reports, determining, between other aspects, the content, the stages, the deadlines, the periodicity and, in general, the rules necessary to ensure the transparency of the evaluation process. " In the second paragraph, which becomes the third subparagraph: i. Replace the term "Ministry of Social Development" with "Ministry of Social Development and Family". Replace the reference "numeral 1) of Article 2" by "numeral 2) of Article 2". (g) in (e): i. Interleave, following the expression "of the population", the following: "and of the families". ii. Replace the term "Inter-Ministerial Committee on Social Development" with the "Inter-Ministerial Committee on Social Development and Family". (h) Replace in point (f) the expression "Ministry of Social Development" by " Ministry of Social Development and Family ". (i) In point (g): i. Replace the words "Ministry of Social Development" with "Ministry of Social Development and Family" in its first paragraph. Replace the words "Ministers of Social Development" with "Ministers of Social Development and Family" in the second paragraph. Replace the term "Ministry of Social Development" with "Ministry of Social Development and Family", and the reference "numeral 5) of Article 2" by "numeral 7) of Article 2". (j) Substitute in (i) the expression "Ministry of Social Development" by "Ministry of Social Development and Family". (k) Add to point (n) below, and beyond, the following sentences: " In this context, the Ministry of Social Development and the Family is empowered to allow the Ministry of Finance to Hacienda el accesso a los dataclos que en este Registro se conuen para los finales que correspondado en el marco de sus attributions, solo en lo relacionado con la evaluado de los programas sociales, con la elaboration de reportas financiales, y con los studies necessary for that. All in all, data will be accessed only in an unnominated manner. Furthermore, the information to be extracted from the Service must be indeterminate and indeterminable in relation to the personal data. In the event that the officials of the Directorate of Budgets, or the one who has access to the data of the Registry, uses them for different purposes for which they were requested according to the present literal, they will be punished. in accordance with Title V of Law No 19,628. ' (l) in (o): i. Replace the term "Ministry of Social Development" with "Ministry of Social Development and Family". Add the following final prayer: " This improvement will ensure that the Intersectoral Social Protection System operates under a familiar approach, in the appropriate cases, from a multidimensional understanding of vulnerability levels. (m) Substitute in point (p) the expression 'Ministry of Social Development' by 'Ministry of Social Development and Family'. (n) Replace in point (q) the expression 'Ministry of Social Development' by 'Ministry of Development' (n) Substitute in point (r) the expression 'Ministry of Social Development' by 'Ministry of Social Development and Family'. (o) In point (s): i. Replace in your first paragraph the expression "Ministry of Social Development", the three times it appears, by "Ministry of Social Development and Family". Replace in the second and third paragraphs the expression 'Ministry of Social Development' by 'Ministry of Social Development and Family'. (p) In (u): i. Replace the word "Intendant" with the expression "Regional Presidential Delegates". Replace the term "Regional Ministry of Social Development" with "Regional Ministries of Social Development and Family", and the "Ministry of Social Development" for " Ministry of Social Development and Family ". (q) Enter the following letter (x), new, passing the current letter (x) to be and):" x) Promote the strengthening of the family, in the terms defined in Article 2 (1) of this Law. " 5. Replace the words "Ministry of Social Development" with "Ministry of Social Development and Family" in the first paragraph of Article 3b. 6. Amend Article 4 as follows: (a) In the first subparagraph: i. Replace the term "Ministry of Social Development" with "Ministry of Social Development and Family" in its heading. Replace in point (a) the term "Minister of Social Development" with "Minister of Social Development and Family". iii. Replace in point (e) the term "Regional Ministry of Social Development" by "Regional Ministry of Social Development and Family". (b) Replace the words "Ministry of Social Development" in the second and third Social Development "by" Ministry of Social Development and Family ". 7. In Article 5, replace the words 'v) and w' by 'v), w) and x)'. 8. Amend Article 6 as follows: (a) In the first subparagraph: i. Following the words 'the functions set out in the letters', the following shall be incorporated: '(a) within the framework of the powers in force of that Secretariat and in coordination with the Deputy Secretary for Social Assessment'. Replace the expression "s) and u)" with "s), u) and x)". iii. Replace the term "Ministry of Social Development" with "Ministry of Social Development and Family". (b) Replace in the second indent the expression "Regional Ministry of Social Development" by " Regional Secretaries Ministry of Social Development and Family ". 9. In Article 6a replace the words 'u) and w' by 'u), w) and x)'. 10. In Article 7: (a) The words 'Minister for Social Development', the two times appearing, by 'Minister for Social Development and Family' shall be replaced by the words 'Minister for Social Development'. (b) Replaced in the second indent of the words 'Minister for Development'. Social "by" Minister of Social Development and Family ", and the" Inter-Ministerial Committee on Social Development of Children "by" Inter-Ministerial Committee on Social Development, Family and Children ". 11. Amend Article 8 as follows: (a) In the first subparagraph: i. Replace the term "Regional Ministry of Social Development" with "Regional Ministry of Social Development and Family", and the "Ministry of Social Development" for "Ministry of Social Development and Family". Replace the word "Intendente", by the expression "Regional Presidential Delegate". (b) In the second indent: i. Replace in point (a) the word "Intendente" by the expression "Regional Presidential Delegate". ii. Replace in point (c) the term "Ministry of Social Development" with "Ministry of Social Development and Family". iii. Replace in point (e) the term "Ministry of Social Development" with "Ministry of Social Development and Family". iv. Replace in point (h) the expression "persons or groups" by "persons, families or groups". v. Replace in point (i) the expression "number 4" by "number 6". vi. Replace in point (k) the term "Ministry of Social Development" with "Ministry of Social Development and Family". 12. Replace in Article 9 the expression "Ministry of Social Development" by "Ministry of Social Development and Family". 13. Replace in Article 10 the expression "Ministry of Social Development" by "Ministry of Social Development and Family". 14. The term "Inter-Ministerial Committee for Social Development" shall be replaced by the words "Inter-Ministerial Committee on Social Development and the Family" in Article 11 and under the heading preceding it. 15. Amend Article 12 as follows: (a) In the first subparagraph: i. Replace the term "Inter-Ministerial Committee for Social Development" with the expression "Inter-Ministerial Committee on Social Development and Family". Replace in point (a) the term "Minister of Social Development" with "Minister of Social Development and Family". iii. Replace the letter (h) with the following: "(h) The Minister for Women and Gender Equity." (b) Substitute in the second indent the expression "Minister of Social Development" by "Minister of Social Development and Family". 16. Amend Article 13 as follows: (a) The words "Inter-Ministerial Committee on Social Development", the two times it appears, by the "Inter-Ministerial Committee on Social Development and the Family" shall be replaced by the words "Inter-Ministerial Committee for Social Development". second: i. Replace the term "Inter-Ministerial Committee on Social Development", the two times it appears, by "Inter-Ministerial Committee on Social Development and Family". Replace the words "Ministers of Justice and Transport and Telecommunications" by "Ministers of Justice and Human Rights and Transport and Telecommunications". (c) Reposition in the third indent the expression " Inter-ministerial Committee of "Social Development", the two times it appears, by "Inter-Ministerial Committee on Social Development and Family". 17. Amend Article 14 in the following manner: (a) Reposition in its heading the expression 'Inter-ministerial Committee for Social Development' by 'Inter-ministerial Committee for Social Development and Family'. (b) Incorporate in point (a) below. of the words "social development", the following sentence: "from a family approach, in the appropriate cases". (c) Replace in point (d) the expression "Ministry of Social Development" by "Ministry of Social Development and Family". 18. In Article 15, replace the term "Inter-Ministerial Committee for Social Development" with the "Inter-Ministerial Committee on Social Development and the Family". 19. Amend Article 16 as follows: (a) In the first subparagraph, replace the term "Inter-Ministerial Committee for Social Development" with the "Inter-Ministerial Committee on Social and Family Development" and the "Ministry of Development". Social ", the two times it appears, by" Ministry of Social Development and Family ". (b) In the second indent, replace the term" Inter-Ministerial Committee for Social Development "with the" Inter-Ministerial Committee on Social Development and Family ", and the "Ministry of Social Development" by "Ministry of Social Development and Family". 20. Amend Article 16a as follows: (a) In the heading of the first subparagraph, replace the term "Inter-Ministerial Committee for Social Development" with the "Inter-Ministerial Committee on Social Development and the Family" and the "Committee" Interministerial for the Social Development of Children "by" Inter-Ministerial Committee for Social Development, Family and Children ". (b) In the second indent, replace the term "Inter-Ministerial Committee for Social Development" with the "Inter-Ministerial Committee on Social and Family Development" and the "Inter-Ministerial Committee on Social Development of Children" by " Committee Interministerial for Social Development, Family and Children ". 21. Amend Article 17 as follows: (a) In the first subparagraph, replace the term "Ministry of Social Development" with "Ministry of Social Development and Family". (b) In the second indent, replace the term "Ministry of Social Development". Social Development "by" Ministry of Social Development and Family ", and the" Minister of Social Development "by" Minister of Social Development and Family ". 22. In Article 18, replace the term "Ministry of Social Development" with "Ministry of Social Development and Family". 23. In Article 20, replace the term "Ministry of Social Development" with "Ministry of Social Development and Family". 24. In the text of the final article 22 replaces the words "Ministry of Social Development", the two times it appears, by "Ministry of Social Development and Family". 25. In the text of the third, new, article 25, which is added to Article 24 of Law No. 18.482, replace the expression "Ministry of Social Development", the three times it appears, by "Ministry of Social Development and Family". 26. Add the following article 27, permanent: " Article 27.-Authorize the Minister of Social Development and Family or the official of the Ministry of Social Development and Family, which is designated for the purpose by administrative act, to constitute President of the Foundation of Families, whose legal personality was granted by decree exempt No. 735 of 28 May 1990, from the Ministry of Justice, and consequently of the respective directory. " 27. Add the following article 28, permanent: "Article 28.-Replace the 8 ° of article 1 of the decree with force of law N ° 7,912, of the Ministry of the Interior, of 1927, organized by the Secretariats of the State, by the following:" 8 ° Development Social and Family; ". 28. Add the following Articles 29 and 30, permanent: " Article 29.-References that laws, regulations or other rules To the Ministry of Social Development, to the Minister of Social Development, to the Regional Ministries of Social Development, to the Regional Secretaries of Social Development, to the Inter-Ministerial Committee of Social Development and the Inter-Ministerial Committee for Social Development of Children, will be understood as the Ministry of Social Development and Family, the Minister of Social Development and Family, the Regional Ministry of Social Development and Family, to the Regional Secretaries of Social Development and Family, to the Interministerial Committee for Social and Family Development and the Inter-Ministerial Committee for Social Development, Family and Children, respectively. Article 30.-As long as the regional presidential delegates are not appointed, the laws of this law which refer to those authorities shall be construed as referring to the intendents. " Article 2.-The highest fiscal expenditure representing the implementation of this law during its first financial year will be financed from the budget item of the Social Assessment Secretariat of the Ministry of Social Development. In the following years it will be financed from the resources to be established in the respective public sector budget laws. " And because I have had to approve and sanction it; therefore, promulgate and take effect as the Law of the Republic. Santiago, April 2, 2019.-SEBASTIAN PINERA ECHENIQUE, President of the Republic.-Alfredo Moreno Charme, Minister of Social Development.-Felipe Larraín Bascunan, Minister of Finance. What you communicated to you for your knowledge.-Alejandra Candia Díaz, Deputy Secretary of Social Assessment.