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CREATES THE MINISTRY OF SCIENCE, TECHNOLOGY, KNOWLEDGE AND INNOVATION " N

Original Language Title: CREA EL MINISTERIO DE CIENCIA, TECNOLOGÍA, CONOCIMIENTO E INNOVACIÓN

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LAW NÚM. 21.105 CREATES THE MINISTRY OF SCIENCE, TECHNOLOGY, KNOWLEDGE AND INNOVATION Having present that the H. National Congress has given its approval to the following Bill: " TITLE I General provisions Article 1 °.-Object of the law. This law aims to establish a general framework that structures, promotes, coordinates and promotes the activities of science, humanities and technological development in all its stages, in order to contribute to sustainable development and welfare. social. Article 2 °-National System of Science, Technology, Knowledge and Innovation. For the purposes of this law, the National System of Science, Technology, Knowledge and Innovation (hereinafter also "the System") consists of public bodies, public research and development institutions and educational institutions. State superior; and by private individuals and institutions that carry out, encourage or support relevant activities related to science, technology and innovation. Activities related to the formation of highly qualified human resources and specialized technicians; basic and applied research and the generation of knowledge in the various disciplines of the know; the development, transfer and dissemination of technology; and public and private innovation in all its dimensions. The System is based on the collaboration, coordination and cooperation of its members, seeking to complement itself with other systems of science, technology and innovation at international level. The public institutions of the System are mainly structured around three areas: (a) science, technology and innovation of scientific and technological base, and training of highly qualified human resources, in charge of the Ministry of Science, Technology, Knowledge and Innovation and the National Agency for Research and Development; production, entrepreneurship and productive or business innovation, technological development for productive purposes and strengthening of human resources for this field, in charge of the Ministry of Economy, Development and Tourism and the Corporation of Promotion of production; and c) training of technicians and professionals, and knowledge and cultivation of sciences, arts and humanities in higher education institutions, by the Ministry of Education. The public bodies referred to in the preceding paragraph must coordinate with each other and with the other public entities that are part of the System, in order to develop and implement those tasks, programs or instruments that require their participation or collaboration within their competences. TITLE II of the Ministry of Science, Technology, Knowledge and Innovation Paragraph 1 of the Ministry of Science, Technology, Knowledge and Innovation. Create the Ministry of Science, Technology, Knowledge and Innovation (hereinafter also "the Ministry") as the Secretary of State in charge of advising and collaborating with the President or the President of the Republic in the design, formulation, coordination, implementation and evaluation of policies, plans and programmes aimed at promoting and strengthening science, technology and innovation derived from scientific and technological research (hereinafter also "basic innovation"). Scientific-technological ') with the purpose of contributing to development, increasing the cultural, educational, social and economic heritage of the country and its regions, and proposing to the common good, to the strengthening of national and regional identity and to the sustainability of the environment. The Ministry, acting as the governing body, will ensure the coordination, consistency and coherence of policies, plans and programs that promote and guide research in all areas of knowledge, technological development and Scientific and technological base innovation at both national and regional level, considering the specific characteristics of the territories and their strategies and development potential. In the exercise of its functions, the Ministry will promote knowledge and innovation of a scientific-technological base to enrich the processes of formulation and implementation of public policies, promoting coordination and collaboration. inter-ministerial and interregional, the development of joint initiatives within the public sector and public-private cooperation. Article 4 °-Functions of the Ministry of Science, Technology, Knowledge and Innovation. The Ministry will have the following functions: a) Propose to the President or President of the Republic political science, technology and innovation of scientific-technological base and other policies, norms, plans and programs in the field of sectors in his capacity. (b) Encourage research, basic and applied, and the generation of knowledge in science and technology, comprising the fields of natural sciences, engineering and technology, medical and health sciences, agricultural sciences, social sciences, and arts and humanities. In the development of this task, it will promote multi, inter and transdisciplinary work and will ensure an adequate balance between research inspired by curiosity and that oriented by development goals of the country or its regions. (c) To promote technological development and innovation on a scientific and technological basis, both in the public and private sectors. Scientific-technological base innovation will be understood as the experimental development and other scientific-technological activities that can lead to the generation of new or substantially improved products, processes or services, in the stages prior to placing on the market. In the performance of this function, it will place special focus on the country's strategic challenges and will have to coordinate especially with the Ministry of Economy, Development and Tourism, taking into account the provisions of Article 2 (d). generation and strengthening of human, infrastructure and institutional capacities for the development of science, arts and humanities, technology and innovation of scientific and technological base and, in particular, to promote the installation and consolidation of research and development centres and technological centres of a regional nature or national, in the context of the search for a harmonious and equitable territorial development. In the performance of this function, it will have to be coordinated especially with the Ministries of Education and Economy, Development and Tourism and the Corporation for the Promotion of Production, in accordance with the provisions of Article 2. of highly qualified professionals and researchers and the insertion of highly qualified human resources into academic institutions, public and private research and development centers, technological and public research institutes referred to in paragraph (k) of this Article, as well as in other bodies of the State and in the private sector. In this area, it should be coordinated with the appropriate State secretariats. f) Generate, in coordination with other public agencies of the System, and in function of the strategic challenges of the country and public policies that it will carry forward, instances of dialogue and coordination with the scientific community, the universities, public or private institutions that carry out scientific research, technological development and scientific-technological base innovation, and other actors of the System, including associations of researchers. (g) Encourage the transfer of research results, knowledge and technologies to the public sector, the productive sectors and society and, in particular, to promote and strengthen the linkage of research and development activities with the social needs of enterprises and the productive sectors. In this field, it will have to coordinate especially with the Ministry of Economy, Development and Tourism and, through this, with the National Institute of Industrial Property and the Corporation for the Promotion of Production, in the field of their respective powers. (h) contribute to the formation of a scientific culture and to the understanding, evaluation and dissemination of science, research, technology and innovation in the country, in all fields, promoting especially its incorporation into the school system, for which it will have to coordinate with the Ministry of Education. In the exercise of this function, it will place special emphasis on gender equity. i) Promote the gender perspective and equal participation of women and men in all fields of science, technology and innovation. (j) Promote investment and participation, as well as other contributions, that can be made by individuals and private entities in the various fields of knowledge construction, scientific research, technological development and innovation scientific-technological base, always watching for the common good. (k) Generate and direct coordination with other ministries and public bodies to ensure the development, promotion and joint action of public research and technological institutes. Institutions which are part of the State Administration; and legal persons governed by private law for profit in which the State has a stake or a public research institute shall be understood as technological and public research institutes. representation, excluding institutions of higher education; carrying out research and development activities, technology transfer and innovation, technological and technical assistance, technology dissemination or generation of research and information supporting regulation and public policy. (l) Vellar for the protection and conservation of the scientific and technological heritage nac regional. (m) Vellar for the development and promotion of space activity in the country. In this area, it will have to be coordinated in particular with the Ministry of National Defence and the Ministry of Transport and Telecommunications. (n) Promote the linkage, collaboration and cooperation, at national and international level, in the field of the sectors to which they are responsible. o) Velar for the fulfillment of international treaties on science, research and technology, ratified by Chile and which are in force. (p) To collaborate with other public sector bodies in the design and analysis of scientific research and technological development programmes and initiatives associated with the latter's fields of action and in accordance with the priorities of the National Strategy for Science, Technology, Knowledge and Innovation for Development, set out in Article 18, and the National Policy on Science, Technology, Knowledge and Innovation, as referred to in Article 20, without prejudice to the the powers of other competent public bodies. q) Promote open access to results generated by publicly funded research. r) Propose to the President of the Republic the areas with scientific and research value for astronomical observation, which will be declared by supreme decree issued by the Ministry, which must also be subscribed by the Minister of Environment. (s) The other functions entrusted to it by the law. Article 5 °.-Privileges of the Ministry of Science, Technology, Knowledge and Innovation. In order to carry out its tasks, the Ministry will have, in particular, the following powers: (a) Designing the policies, rules, plans and programmes of the sector in its capacity, as well as coordinating the action of public bodies in this sector. (b) Designing programmes or instruments for the granting of grants, loans or other aid for the development of science, technology and scientific-technological base innovation, to be implemented by the National Research Agency and Development, being able to establish objectives, requirements for the application and allocation, processes and evaluation criteria, conditions under which the resources and mechanisms of monitoring and evaluation will be assigned, among other elements. c) To conclude agreements on collaboration and cooperation with public and private, national and international organizations, which may consider the transfer of resources, in which case it must be subject to the rules of Decree Law No. 1,263, of the Ministry of Finance, 1975, organic financial management of the State. d) To carry out or commission studies, prospective analyses and research and to generate statistics, indicators and evaluations that support the development of public policies and their monitoring, measurement and evaluation. (e) Establishing partnership and cooperation links, as well as participating in international bodies in the field of science, technology and innovation on a scientific and technological basis, without prejudice to the powers of other bodies of the State administration. (f) Request and receive from the organs of the State Administration and entities or persons from the private sector, information and background with respect to science, technology and scientific-technological base innovation. (g) Grant recognition to persons and institutions who have contributed significantly in various fields of science, technology and scientific-technological base innovation, in accordance with the procedure to be established in each case by regulation. (h) Develop activities that promote the understanding, valuation and dissemination of science, technology and innovation of scientific and technological base in society. In the exercise of this attribution, it will promote the approach of science, technology and innovation to educational establishments, and must coordinate with the Ministry of Education for these purposes. i) Maintain and manage, in a coordinated manner with other public bodies, information regarding the country's capacities and production in science, technology and innovation of scientific-technological base, as well as statistics and information of interest The public and private sectors for the development of these matters are being handed over to the public and private sectors by the State Administration agencies. However, the systematization of information on science, technology and innovation will be used as an instrument for data collection and analysis for the development and monitoring of the National Strategy for Science, Technology, Knowledge and Innovation for Development, its plans and programs, of a unified character and of free access to the public bodies that are part of the System. (j) To request the National Institute for Standardisation to draw up and approve technical standards on scientific-technological research processes and enclosures, which may be declared as official standards by means of a supreme decree issued through the Ministry. (k) Develop manuals of good practice in the field of activities, processes or facilities for scientific research, experimental development and scientific-technological base innovation. (l) Conduct training processes for civil servants and civil servants in matters related to the Ministry's functions, which may also be granted to individuals. (m) To request the universities to be accredited in the area of research, in accordance with the provisions of Law No. 20.129, which, according to their mission, collaborate in the elaboration of policies, plans and programs that promote the Scientific and technological development of the country, at national and regional level. In the implementation of this allocation, it will have to be coordinated with the Ministry of Education. (n) Request to the public research and technological institutes information or data relevant to the development of policies, plans and programs that promote the scientific and technological development of the country, at national and regional level. (o) the other powers granted to him by the law. 2nd paragraph Of the internal organization of the Ministry of Science, Technology, Knowledge and Innovation Article 6 °.-From the organization of the Ministry of Science, Technology, Knowledge and Innovation. The Ministry will be organized as follows: (a) The Minister or Minister of Science, Technology, Knowledge and Innovation. b) The Assistant Secretary for Science, Technology, Knowledge and Innovation. (c) the Regional Ministerial Secretariats. A regulation issued through the Ministry will determine its internal structure, in accordance with the provisions of Law No. 18,575, a constitutional organ of General Bases of the State Administration, whose text has been recast, coordinated and systematised was fixed in the decree with force of law No. 1-19653, of the Ministry General Secretariat of the Presidency, enacted in 2000 and published in 2001. In this structure, the necessary functional units must be considered for the fulfilment of the objectives, functions and tasks of the Ministry, such as: science, technology and scientific-technological base innovation policies; intersectoral and inter-institutional coordination; studies, foresight, statistics and indicators; and dissemination and culture of science, technology and innovation of scientific-technological base, and gender equity. Article 7 °.-Functions and attributions of the Regional Ministries. The Ministerial Regional Secretariats shall have the following functions and powers: (a) Coordinate scientific and technological base science, technology and innovation plans and programmes to be developed at regional and local level, as well as actions undertaken with resources from the Ministry. b) Participate in the elaboration of policies, plans, programs and instruments of the Ministry that have a regional impact or perspective, considering for this the strategies of development and science, technology and innovation adopted by the regions, in the framework of the search for harmonious and equitable territorial development. c) Support technically the regional governments that correspond in the elaboration and review of their policies and development strategies in the fields of science, technology and innovation of scientific-technological base and in the definition of frameworks strategic objectives to guide the expenditure of regional resources for these activities, in the framework of the National Strategy for Science, Technology, Knowledge and Innovation for Development, set out in Article 18, and National of Science, Technology, Knowledge and Innovation, referred to in Article 20. (d) To participate in public-private partnerships established in the respective regions for the definition of strategies related to the development of science, technology and innovation. e) Promote the linkage of research and development activities with the needs of the country, companies and productive sectors in the respective regions and promote public-private partnerships for the development of initiatives science, technology and scientific-technological base innovation. In this area, it will have to coordinate with all the institutions and, in particular, with the Regional Ministries of the Ministry of Economy, Development and Tourism, with the state universities in the region, and with the regional governments and the municipalities. f) Generate instances of coordination with the heads of regional government units whose main functions and tasks are related to science, technology and innovation. (g) to carry out the other functions and powers granted to it by the law. Article 8 °-From macro-zonal coordination. The Ministry will have Macro-zonal coordination bodies, which will bring together two or more ministerial regional secretariats in order to promote joint policies and initiatives between the regions in science, technology and scientific-technological base innovation, as well as how to generate instances of coordination among the actors of the System of the respective regions. In addition, they will constitute permanent coordination bodies for the corresponding ministerial regional secretaries, within the framework of the Ministry's general policies. The Minister or Minister of Science, Technology, Knowledge and Innovation, by means of one or more decrees issued under the formula "by order of the President of the Republic", will establish the regions that will integrate each macro-zonal coordination, for which consider the common characteristics of the territories in terms of their development challenges and opportunities, as well as their capabilities for the development of science and technology. However, no more than five macro-zone coordination at national level could be established, which will not include the Metropolitan Region, whose Ministerial Regional Secretariat will coordinate with the others in the form of the decree and the general rules. Article 9 °.-By decree issued by the Ministry of Science, Technology, Knowledge and Innovation, under the formula "by order of the President of the Republic", a Ministerial Advisory Council will be created and the rules for its operation. The task of the Council shall be to advise and support the Minister or Minister in the analysis and periodic review of public policies in the sector. In addition, it shall advise on the formation of the technical committees or experts, permanent or temporary, composed of officials of the Agency, representatives of the ministries which are part of the system, representatives of the of other public entities or persons qualified outside the State Administration, who shall support and advise the Director or Director of the Agency in the development of bases and in the award of the competitions or calls for which it is running. In the shaping of these committees, care must always be taken to ensure that they are integrated in a pluralistic and balanced way, offering adequate territorial representation and the various disciplines of knowledge, in order to be relevant to the scientific and technological development of the country. The Council will be composed of eight qualified persons, who are not members of the Central State Administration, who will have recognized merit in the area of academia, science, technology, and scientific-technological base innovation. They shall be appointed by the President or President of the Republic. It will also be integrated by the Minister or Minister of Science, Technology, Knowledge and Innovation, who will chair it. The Advisory Board members will last four years in their positions, will be renewed for halves every two years and will not be able to be appointed for a new consecutive term. However, in order to make the mechanism of alternation effective, in the first appointment, four of them will be appointed for two years and four of them for four years. Those appointed for two years may be appointed for a further consecutive four-year term. The integration of the Advisory Board should be plural and balanced, with appropriate representation of the regions, gender and the various disciplines, approaches and competencies in the areas of knowledge. Its members will not receive a diet. Representatives of the Agency's officials, representatives of the ministries that are part of the System or representatives of other public entities may participate in the meetings of the Advisory Council, with the right to speak. Article 10.-Rules applicable to personnel of the Ministry of Science, Technology, Knowledge and Innovation and public account. The personnel of the Ministry will be affected by the provisions of Law No. 18,834 on Administrative Statute, whose consolidated, coordinated and systematized text was established by the decree with force of law No. 29, of the Ministry of Finance, promulgated the year 2004 and published in 2005, and in the field of remuneration, to the rules of Decree Law No. 249, of the Ministry of Finance, enacted in 1973 and published in 1974, which sets a Single Scale of Wages for the staff who point out, and their supplementary legislation. Each year, by the month of April at the latest, the Minister or Minister of Science, Technology, Knowledge and Innovation shall give a public account of the actions undertaken by the Ministry in the previous year, as set out in Article 72 of the Law Nº 18,575, constitutional organ of General Bases of the State Administration, whose consolidated, coordinated and systematized text was set out in the decree with force of law No. 1-19653, of the Ministry General Secretariat of the Presidency, promulgated 2000 and published in 2001. This account shall contain at least the medium and long-term objectives of the Ministry's policies and an analysis of its impact on the System, indicators of effectiveness of the actions undertaken by the Ministry and the National Agency. In addition to a summary of those reports that the Ministry and the National Agency for Research and Development are required to submit to the National Congress in compliance with the Public Sector Budget Law in force. TITLE III Of the National Agency for Research and Development (National Agency for Research and Development) 1 Object and attributions Article 11.-Of the National Agency for Research and Development. Create the National Agency for Research and Development (hereinafter referred to as "the Agency"), as a decentralized public service, with legal personality and own patrimony, which will be related to the President or President of the Republic through the Ministry of Science, Technology, Knowledge and Innovation, and which will be affected by the High Public Administration System established in Law No. 19,882, which regulates new personnel policy to the public officials it indicates. The Agency shall aim to administer and implement the programmes and instruments intended to promote, promote and develop research in all areas of knowledge, technological development and scientific-technological base innovation, according to the policies defined by the Ministry. The address of the Agency will be the city of Santiago. Article 12.-The powers of the Agency. In order to meet its objectives, the Agency shall have the following powers: (a) to implement programmes and the various instruments which promote knowledge generation in science and technology, comprising the fields of natural sciences; engineering and technology, medical and health sciences, agricultural sciences, social sciences, and arts and humanities; technological development; and scientific-technological base innovation. (b) to implement programmes and the various instruments supporting the generation, installation or strengthening of capacities for scientific research, technological development and scientific-technological base innovation at national level; and regional. c) Run programs and the different instruments that allow or make more efficient access to inputs, infrastructure and services for scientific research, technological development and scientific-technological base innovation at the level national or regional. (d) to implement programmes and the various instruments that promote scientific and technological research in an associative way. e) Run programs and the different instruments that support the training, in Chile or abroad, of highly qualified professionals and researchers. f) Run programs and the different instruments that support the insertion and attraction of highly qualified human resources, in academic institutions; centers of scientific research and technological development, public or private; the State, and in the productive sector. g) Run programmes and the various instruments that contribute to the generation or strengthening of networks or other instances of national and international cooperation in scientific research, technological development and grassroots innovation Scientific-technological. (h) to implement programmes and the various instruments that promote the transfer of knowledge and technology through the collaboration and linkage of research and development institutions, in particular universities and Scientific and technological centres, with the production sectors, companies and the public sector. i) Manage and implement programs that support the public dissemination of research results, technological development and scientific-technological base innovation. (j) Develop and implement the basis of competitions, calls and evacuate any administrative acts necessary for the implementation of the programmes or instruments indicated above, in accordance with the definitions laid down by the Ministry. k) Manage and manage information access systems in national and international science and technology for research, education and innovation purposes. (l) Develop and manage information systems that will enable the management of the programmes, instruments and public resources that it executes. (m) To request the beneficiaries of the programmes or instruments that they implement. n) Coordinate, at the appropriate levels and within the framework of their respective competencies, with the Ministries of Education, Economy, Development and Tourism, Cultures, Arts and Heritage and other State secretariats, with the Corporation Development of the Production and the National Institute of Industrial Property, in order to develop and implement those tasks, programs or instruments requiring the participation or collaboration of these bodies or of the information they may provide. (o) Integrate and participate in the formation and formation of legal persons in private law, non-profit, as referred to in Title XXXIII of the First Book of the Civil Code, whose fundamental purpose is to promote, information, development and coordination of initiatives for research, transfer and dissemination of scientific and technological knowledge and scientific-technological base innovation. Similarly, the Agency is entitled to participate in the dissolution and liquidation of the entities in which it is a party, in accordance with the statutes of the institutions. This allocation may be exercised only by resolution, with the prior authorization of the Ministries of Science, Technology, Knowledge and Innovation and Finance. In no case shall the Agency be able to provide for commitments or obligations incurred by entities whose constitution or integration contributes. (p) To implement the acts and to conclude contracts which are necessary or conducive to achieving the objectives of the Agency, whether natural or legal persons, national or foreign, public or private law. (q) The other functions and duties assigned to it by the law. Paragraph 2 Of the internal organisation of the Agency Article 13.-Of the internal organisation of the Agency. The Agency shall be in charge of a Director or National Director, who shall be the Head of Service. The Director or National Director, subject to the plant and the maximum staffing, shall establish the internal organisation of the Agency and shall determine the names and functions corresponding to each of the units established for the Agency. compliance with the functions assigned to you. Article 14.-Account renditions. The Agency shall request regular account renditions for the resources it allocates in the manner determined by the Regulation. The receiving person or entity that holds account to the Agency shall not be able to receive transfers of quotas from new or already allocated projects. For these purposes, the nature of the programme or instrument shall be addressed by the person or entity responsible for the performance of the account in the form and in accordance with the criteria laid down in each of the tender procedures. agreement to the regulation. In the case of contests in which a higher education institution participates in any form, the person or entity responsible for the account renders may be the same institution; or a faculty or academic unit of hierarchy equivalent, where the prohibition laid down in the preceding paragraph may not affect the rest of the institution, even if the person who signs the respective agreement is the Rector or the representative of the institution. The resources given to institutions by way of administrative expenditure must be surrendered on a yearly and consolidated basis, in the manner determined by the regulation. The violation of this duty of surrender will suspend the payment of these resources to the respective institution. Article 15.-Of The Director Or National Director. The Director or National Director shall have the following powers: (a) Lead, organise, plan, coordinate, administer and monitor the operation of the Agency and its assets. (b) to know and to resolve any matter relating to the interests of the Agency, and may have the effect of implementing and concluding the acts and contracts which are necessary or conducive to the achievement of the institutional objectives, either with natural persons or legal, national or foreign, public or private law. (c) Report to the Minister or Minister of Science, Technology, Knowledge and Innovation on the Agency's own affairs and advise on the design of programmes and instruments to be implemented by the Agency. (d) to award invitations to tender for the allocation of grants, loans or any aid granted by the Agency, on the basis of a proposal from one or more technical or expert committees, as set out in Article 9 (e) Reprogramming, extending or granting new deadlines for non-monetary obligations of the beneficiaries of the programmes or instruments implemented by the Agency. This faculty may only be exercised in qualified cases and on an established basis, and must obtain prior authorization from the Ministry. A regulation issued through the Ministry shall regulate the conditions for the exercise of this power. (f) To instruct the execution of actions or services and to provide the administration of goods or rights of any nature that the Agency may hold to public or private persons or institutions, through the conclusion of agreements, for the due to the objectives and tasks of the Agency, with the exception of the definition of the programmes and instruments to be implemented. Such conventions shall provide for clauses allowing the Agency to terminate them in advance for reasons of general interest or in the event that the objectives taken into account for their conclusion are not being met. (g) require other State bodies to provide the information and background necessary for the proper fulfilment of the Agency's objectives and powers, as well as its own powers. (h) to delegate the powers of the Agency and the Agency to officials of its dependency, with the exception of the one set out in point (e) of this Article. (i) the other functions and powers granted to it by the law. Article 16.-Rules applicable to the staff of the Agency. The staff of the Agency will be affected by the provisions of Law No. 18,834 on Administrative Statute, whose consolidated, coordinated and systematized text was established by the decree with force of law No. 29, of the Ministry of Finance, promulgated the year 2004 and published in 2005, and in the field of remuneration, to the rules of Decree Law No. 249, of the Ministry of Finance, enacted in 1973 and published in 1974, which sets a Single Scale of Wages for the staff who point out, and their supplementary legislation. The staff employed by the Agency may carry out the functions of a management which are assigned or delegated to it by a decision of the Director or National Director, in which the tasks referred to are to be specified. Such staff may not exceed five officials. Article 17-The assets of the Agency. The assets of the Agency shall be: (a) the resources allocated to it annually by the Public Sector Budget Law. b) The resources granted by special laws. (c) movable and immovable property, body and property, which is transferred or acquired to any title. d) The fruits, incomes and interests of their goods and services. e) The donations made to him, as well as the inheritances or legacies that he accepts. Such hereditary donations and allowances shall be exempt from any kind of tax and any charge or payment affecting them. Donations will not require the innuendo process. (f) The contributions of international cooperation which it receives to any title. (g) grants, loans, contributions or resources in general to be restored. (h) Other contributions received in accordance with the law. The Agency shall be subject to the rules of Decree Law No 1,263, of the Ministry of Finance, 1975, organic of financial management of the State, and its supplementary provisions. TITLE IV Strengthening public institutions for science, technology, knowledge and innovation Paragraph 1 of the National Strategy for Science, Technology, Knowledge and Innovation for Development and the National Council of Science, Technology, Knowledge and Innovation for Development Article 18.-National Strategy for Science, Technology, Knowledge and Innovation for Development. There will be a National Strategy for Science, Technology, Knowledge and Innovation for Development (also "the Strategy"), which will have to address, with a long-term horizon, the challenges and opportunities of development of the country and the regions, generating a framework that guides public policies and instruments to support the formation of highly qualified human resources, research and generation of knowledge, development and transfer of technology, innovation and the development of a culture of science, technology and innovation. The Strategy should contain, at the very least, a diagnosis of the global trends and prospective analyses of the opportunities and challenges for the integral, inclusive and sustainable development of Chile on the world stage; proposals for the development of the country, at national and/or regional level, based on the promotion of science, technology and innovation; guidelines on strategic priorities for public expenditure on science, technology and innovation, and criteria, targets and indicators for monitoring and evaluating the performance and development of the System in the medium and long term period. A review of the Strategy shall be submitted to the President or President of the Republic at the beginning of its term of office. This will serve as an orientation for the elaboration of the National Policy of Science, Technology, Knowledge and Innovation referred to in paragraph 2 of this Title. Procedures for participation and dialogue with the various actors of the System, regional governments, civil society organizations and citizens should be considered for the elaboration or revision of the Strategy. Article 19.-The National Council of Science, Technology, Knowledge and Innovation for Development. The President or President of the Republic, by means of supreme decree, shall establish a presidential advisory council called " Council N "National Science, Technology, Knowledge and Innovation for Development" (also the "National Council of CTCI"). The National Council of CTCI will have as its mission to advise the President or President of the Republic in the prospective analysis of global and national development trends; in the formulation of proposals aimed at strengthening and developing the System; and in the elaboration and review, with a systemic and long-term perspective, of the National Strategy of Science, Technology, Knowledge and Innovation for Development. The National Council of CTCI shall be composed of its president or president and of fourteen members or directors appointed by the President or President of the Republic, proposing appropriate representation of the regions and balance of gender, in addition to the diversity of disciplines, approaches and competencies, and by the Minister or Minister of Science, Technology, Knowledge and Innovation. To this end, the participation of researchers of recognized performance in the fields of science and technology, that is, the arts and humanities, social sciences, agricultural, medical and health sciences, sciences, and science, will be considered. natural, and engineering and technologies; leading professionals in development policies and in science, technology and innovation; people of outstanding performance and experience in the big, medium and small business and the entrepreneurship; academics or experts in the field of training of professionals and technicians; and This is an important task in the field of social development or social innovation. The National Council of CTCI will be renewed for bias. Members of the Board of Directors shall not be given a diet for the performance of their duties and shall last for four years in the performance of their duties. The expenses necessary for the attendance of the counselors or counselors to the sessions will be financed according to the budget of the Undersecretary of Science, Technology, Knowledge and Innovation. A regulation will regulate how and how to implement the provisions of this paragraph and the previous one. In the development of its tasks, the National Council of CTCI will have to relate and coordinate especially with the Ministries of Science, Technology, Knowledge and Innovation, Economy, Development and Tourism, Education, and the Ministry of Education. Cultures, Arts and Heritage, as well as the main public entities and services of the System. It may also call on other ministries to analyze sectoral strategic challenges related to science, technology and innovation, and to request from them and other public institutions that conform the System, through the the technical nature of the strategy, information on policies, programmes, initiatives and other relevant subjects for the elaboration, review or follow-up of the Strategy. Council meetings shall be recorded in minutes, which shall be public once they have been approved; and shall contain at least attendance at the session, the subjects dealt with and the conclusions to which it has been reached. The Secretariat of Science, Technology, Knowledge and Innovation should provide administrative and material support to the National Council of CTCI for the proper performance of its tasks. Second paragraph of the National Policy of Science, Technology, Knowledge and Innovation and the Inter-Ministerial Committee for Science, Technology, Knowledge and Innovation Article 20.-National Policy on Science, Technology, Knowledge and Innovation. There will be a National Policy of Science, Technology, Knowledge and Innovation (also "the Policy"), which will establish the general objectives and guidelines of public policies of science, technology and innovation for the period President. The policy will be defined with a systemic and short-and medium-term perspective and must contain at least: the general objectives and guidelines for the presidential term in matters of scientific-technological development and innovation, and of human resources. highly qualified; priorities or emphasis based on the National Strategy for Science, Technology, Knowledge and Innovation for Development, regional development strategies or sectoral strategic challenges; and Medium-term goals. The Policy will be proposed to the President or President of the Republic by the Minister or Minister of Science, Technology, Knowledge and Innovation, and will be approved by supreme decree issued through the Ministry. Article 21.-Plan of Action. The implementation of the Policy will be guided through an Action Plan, which will be elaborated together with the Policy and reviewed by the Inter-Ministerial Committee on Science, Technology, Knowledge and Innovation established in the following article. This plan shall contain at least the programmes which integrate it, indicating the responsible public bodies or bodies; and the prioritisation of activities, actions and specific measures for the implementation of those programmes, the deadlines for implementation, the goals to be achieved and the indicators for evaluation. Without prejudice to the above, the Action Plan should mention the way in which it will be implemented in each of the regions of the country, where appropriate. The Action Plan, as well as its review, will be approved by resolution of the Minister or Minister of Science, Technology, Knowledge and Innovation. Article 22.-Inter-Ministerial Committee on Science, Technology, Knowledge and Innovation. Create the Inter-Ministerial Committee on Science, Technology, Knowledge and Innovation, whose role will be to advise the President or President of the Republic in the elaboration, implementation and follow-up of the Policy and Plan of Action, an instance of coordination, information, guidance and agreement on public policy on science, technology and innovation for development, ensuring consistency, coherence and efficiency, and considering the needs of the country and its regions. The Inter-Ministerial Committee shall be composed of: (a) The Minister or Minister of Science, Technology, Knowledge and Innovation, who shall chair the Committee. (b) The Minister or Minister of Finance. c) The Minister or Minister of Economy, Development and Tourism. (d) The Minister or Minister for Education. The ministers or ministers may be replaced in the tasks that correspond to them in the Committee by the Subsecretaries or Subsecretariats that they determine, or by whom according to the law they must subrogate them. The Minister or Minister of Science, Technology, Knowledge and Innovation will have to invite other ministers or ministers of state to discuss strategic strategic challenges of science, technology and innovation, as well as to address issues, initiatives, programmes or plans according to specific contents or requirements of the Policy that are related to the subjects of the sectorial ministry. By agreement of the Inter-Ministerial Committee itself, the other rules necessary for its operation and for the proper fulfilment of the tasks entrusted to it shall be laid down. The Secretariat for Science, Technology, Knowledge and Innovation shall provide the Inter-Ministerial Committee with the administrative support necessary for its operation, and the Assistant Secretary or Deputy Secretary shall be its Secretary or Technical Secretariat. Without prejudice to the provisions of the previous paragraph, the Technical Secretariat of the Inter-Ministerial Committee will also be formed by a technical support team composed of representatives of the ministries that make up the Inter-Ministerial Committee. representatives of other ministries, as well as representatives of public services such as the Agency and the Corporation for the Promotion of Production, in order to address specific issues. The ministries that do not make up the Committee will be able to present specific strategic challenges for their sector to the Technical Secretariat, in order for these to be studied by the Inter-Ministerial Committee. TITLE V Appropriate Rules Article 23.-Law No 16,746, which creates the National Science Prize. Article 24.-Defeat Decree No. 491 of the Ministry of Public Education, 1971, which modifies the organic status of the National Commission of Scientific and Technological Research and establishes its recast text. Article 25.-Amend the decree with force of Law No. 33, of the Ministry of Public Education, 1981, which creates the National Fund for Scientific and Technological Development and establishes rules for financing scientific and technological research, the following way: 1) Replace the first paragraph of Article 1, by the following: "Article 1.-Create a National Fund for Scientific and Technological Development for the financing of scientific and technological research." 2) Replace the articles 2nd and 3rd, for the following: " Article 2.-It will be the function of the Ministry of Science, Technology, Knowledge and Innovation to establish annually, within the budgetary availability of the National Fund for Scientific and Technological Development, amounts for scientific development and for technological development, communicating them to the National Agency for Research and Development. Article 3.-To allocate the resources of the Fund referred to in Article 1, the National Agency for Research and Development (hereinafter also "the Agency") shall, periodically, call for national design contests, which may be postulate universities, professional institutes, technical training centers, public and private institutions of the country or natural persons resident in Chile that comply with the requirements and conditions established by the regulation. In the allocation process, the Agency shall use as the main criterion the quality of the proposal, and may request additional information from the applicants. I have the right to decide on the particular characteristics and conditions of each competition, as laid down in the regulation. The Director or National Director of the Agency may request qualified persons or institutions in the relevant disciplines or subjects, Chilean or foreign, to analyze the projects presented, for their illustration and better decision. The resources allocated to the projects shall be made available to the institutions or persons as appropriate, in the manner determined by the Regulation. The Agency shall monitor on a regular basis the development of the projects approved. For this purpose, it may require the background and information it deems necessary. You must also monitor that the resources you allocate are used for the purposes that were requested. It will be the Agency's duty to publish each year a summary of the selected projects, indicating the amount allocated to each project in that year, the description and object of the project, and the state of progress in the case of a project that has been implemented for years. 3) Eliminate articles 4, 5, 6, 7 and 8. 4) Reposition article 9, by the following: " Article 9.-The public financing of the projects and programs established in this law is intended to create new scientific and technological knowledge and the transfer of technology and innovation, knowledge in pursuit of social and economic benefit, favoring the sustainable development and welfare of the country. If the scientific or technological development project results in inventions, technological innovations, designs or procedures which may be protected by industrial property rights, the institution or person assigned to them It may request its protection, and must have previously reported to the Agency, which must be aware of such a report under the conditions laid down in the regulation. Without prejudice to the foregoing, the State shall be entitled to a non-exclusive, non-transferable, irrevocable and onerous license, in respect of inventions, technological innovations, designs or procedures established in the preceding paragraph. For the use of this license, the Minister or Minister of Science, Technology, Knowledge and Innovation will have to issue a resolution based on the terms and deadlines specified in the regulation, after consultation of the Sectoral Ministry. and having listened to the rightholder. The price shall be fixed by common agreement with the holder of the right. In the absence of agreement, it will be determined by arbitration. A regulation will establish the procedure to determine the amount to be paid by the State, the procedure to designate the or the arbitrators and the way in which they will have to resolve the dispute. If the institution or person to whom the resources were allocated does not request the respective industrial property right or I shall not report their interest in it, within the time limits laid down in the regulation, this shall be the responsibility of the State through the Ministry of Science, Technology, Knowledge and Innovation, by the sole ministry of law. The regulation will define the deadlines, times and forms for making such a report. It shall also set the time limits for which the Ministry may apply for the right. If the institution or person assigned the resources manages to market in any form its industrial property right, it shall reinstate 100% of the funds allocated, and an additional sum equivalent to 5% of the revenue obtained from the marketing of the right of industrial property within the time limits and conditions laid down in the Regulation. In any event, the amount to be recovered shall not exceed the amount collected by the party in the marketing of the right of industrial property, either for the granting of a license, the direct exploitation of the right or another (5) Eliminate Article 10. Article 10 (5) of Regulation (EC) No 510/2006 of the European Parliament and of the Council 6. In Article 11, the expression "Public Education" for "Science, Technology, Knowledge and Innovation". 7) Eliminate articles 1 and 2. Article 26.-Amend Law No 20.241, which provides for a tax incentive for private investment in research and development, as follows: 1) Reposition, in the fourth indent of Article 2, the term " President of the Commission National of Scientific and Technological Research 'by' Minister or Minister of Science, Technology, Knowledge and Innovation '. 2) Replaces the expression' the Minister of Finance 'in Article 16 by' the Ministers or Ministers of Finance and Science, Technology, Knowledge and Innovation. " Article 27.-Amend article 1 of the decree with force of law No. 211, of the Ministry of Finance, of 1960, which sets rules for the implementation of the Corporation for the Promotion of Production, as follows: 1) Replace, in the numeral 6), the final expression ", and" by a semicolon. 2) Intercalase the following numeral 7), new, passing the current numeral 7) to be 8): "7) The Minister or Minister of Science, Technology, Knowledge and Innovation, and". Article 28.-Replace, in Article 7 (f) of Law No. 20.129, which establishes a national system of quality assurance of higher education, the expression " the National Commission of Scientific and Technological Research, CONICYT "for" the Minister or Minister of Science, Technology, Knowledge and Innovation ". Article 29.-Substitute, in point (d) of Article 9º of Law No 20.380, on the protection of animals, the expression "President of the National Commission of Scientific and Technological Research" by " Minister or Minister of Science, Technology, Knowledge and Innovation '. Article 30.-Reposition, in point (e) of the second indent of Article 9º of Law No. 19.169, which establishes rules on the granting of National Awards, the expression " the President of the National Commission of Scientific Research and Technological "by" a representative of the Ministry of Science, Technology, Knowledge and Innovation ". Article 31.-Amend article 1 of the decree with force of law No. 7.912, of the Ministry of the Interior, of 1927, organized by the Secretaries of State, as follows: 1) Replace, in the number of the 20th, the final expression ", and" and comma. 2) Replace, in the numeral 21st, the end point with a semicolon. 3) Add, following the number 21º, the following number 22º, 23rd and 24th: "22nd Sport; 23rd Women and Gender Equity, and 24th Science, Technology, Knowledge and Innovation." Article 32.-Amend Law No 20,530, which creates the Ministry of Social Development and modifies legal bodies, as follows: 1) Add, in Article 12, a letter (i) of the following tenor: " i) The Minister or Minister of Science, Technology, Knowledge and Innovation. "2) Redeploy, in Article 15," 4 "by" 5 ". Article 33.-Amend article 42 of Law No. 17.374, which establishes a new recast, coordinated and updated text of the decree with force of law No. 313, 1960, which will approve the organic law of the Directorate of Statistics and Censuses and creates the Institute National of Statistics, as follows: 1) Redeploy, in its first indent, the expression "currently confections the National Commission of Scientific and Technological Research" by " confection the Ministry of Science, Technology, Knowledge and Innovation ". 2) Derogase your second indent. TRANSITIONAL PROVISIONS Article 1.-This law shall enter into force on the date of its publication, except for the exceptions provided for in the following Articles. Article 2.-The Ministry of Science, Technology, Knowledge and Innovation will be considered for all purposes the successor and legal continuator of the Ministry of Education, in all that is related to the functions and attributions that are other laws specifically grant the Ministry of Science, Technology, Knowledge and Innovation; and in all those regulations or administrative acts related to the National Commission of Scientific and Technological Research and been issued through the Ministry of Education, as well as in the rights and obligations arising from acts executed or concluded by the latter in relation to the same Commission. Article 3.-The Ministry of Science, Technology, Knowledge and Innovation and the National Agency for Research and Development will be, for all intents and purposes, the legal successors of the National Commission of Scientific and Technological Research (CONICYT), in the matters of their respective competences, in accordance with the functions and duties conferred on them by this law to the Ministry and the Agency, respectively. Accordingly, the particulars which the laws, regulations and other rules make to the National Commission for Scientific and Technological Research, or to CONICYT, or to any of its management bodies, shall be construed as being made to the Ministry, or to the Agency, or the Minister or Minister of Science, Technology, Knowledge and Innovation, or the Director or National Director of the Agency, as appropriate. The Agency shall be the successor of CONICYT to the Council of the Civil Society of the latter. Its rules of operation and the appointment of its members shall remain in force as long as the Agency does not replace them by the dictates of the rule referred to in Article 70 of the Law No. 18,575, Constitutional Organic of Bases General Administration of the State, whose consolidated, coordinated and systematized text was set out in the decree with force of law No. 1-19,653, of the Ministry General of the Presidency, enacted in 2000 and published in 2001. Article 4.-The Agency shall be, for all purposes, the legal successor of the Higher Councils of Science and Technological Development established in the decree with force of Law No. 33, of the Ministry of Public Education, 1981, which creates the National Fund for Scientific and Technological Development and sets standards for financing scientific and technological research, as appropriate. Article 5.-The President or President of the Republic shall adapt to the legislation introduced by this law the regulations and decrees that it deems necessary, being able to modify, eliminate, replace or to issue new ones, as considers relevant. The same shall apply in respect of regulations and decrees governing the organic functioning of the public research and technological institutes referred to in Article 4 (k) of this Law. Article 6.-On the date of its entry into operation, the Ministry shall be territorially unconcentrated in five ministerial regional secretariats, each of which shall be in charge of a Secretary or Regional Ministerial Secretariat of Science, Technology, Knowledge and Innovation, which will represent the Ministry in one or more regions. During the fifth year of operation of the Ministry, by means of a supreme decree issued through the Ministry and also signed by the Minister or Minister of Finance, an installation calendar shall be established to determine the dates on which they will begin. the remaining ministerial regional secretariats, which shall be in full operation within the maximum period of ten years from the date of entry into operation of the Ministry. By means of one or more supreme decrees issued through the Ministry, also signed by the Minister or Minister of Finance, the regions will be established to correspond to each of the regional secretariats, as well as the city in which shall have its seat each ministerial secretary or regional secretariat. For these purposes, the common characteristics of the territories must be considered in terms of their development challenges and opportunities, their capacities and potential for the development of science and technology, as well as the existence of consolidated or strategic scientific developments. The decrees referred to in this paragraph shall be issued within three months of the entry into operation of the Ministry. As long as the whole of the regional ministerial secretariats in accordance with the second subparagraph has not entered into operation, each ministerial secretary or regional secretariat holding two or more regions shall exercise the following powers: functions of the macro-zonal coordination laid down in Article 8 on those regions. Article 7.-In the first appointment of the members of the National Council for Science, Technology, Knowledge and Innovation for Development, half will last two years in the exercise of their functions, the President or President of the Republic to identify them in the decree or decrees that determine the first conformation of the Council. The other half will last for four years in its functions, according to the general rules laid down in the fourth paragraph of article 19 of this law. For the purposes of this law, a strategy shall be understood as the analysis document that will give the President or President of the Republic the presidential advisory council created by the supreme decree No. 177, of the Ministry of Economy, Development and Tourism, enacted in 2014 and published the year 2015. Once conformed, the National Council of CTCI will have to carry out its validation or review in the time provided by the law. Article 8.-The supreme decree approving the first National Policy of Science, Technology, Knowledge and Innovation shall be dictated within six months from the entry into operation of the Ministry, as established in the numeral 1) of the transitional ninth article. Article 9.-The President or President of the Republic shall be empowered to establish, within a period of one year from the date of publication of this law, one or more decrees with force of law, issued through the Ministry of Education, which must also be subscribed to by the Minister or Minister of Finance, the rules necessary to regulate the following matters: 1) Set the date on which the Ministry of Science, Technology, Knowledge and Innovation and the National Agency for Research and Development. In addition, it will determine the date on which the National Commission for Scientific and Technological Research (CONICYT) will cease. 2) Set the staff plants of the Secretariat of Science, Technology, Knowledge and Innovation, and can dictate to the effect all the necessary norms for the proper structuring and operation of these. In particular, it may determine the degrees of the Single Salary Scale to be assigned to such plants; the number of charges for each grade and plant concerned; the general and specific requirements for the income and promotion of such charges; Denominations and hierarchical levels, for the purposes of the application of the provisions of article 8 of Law No. 18,834, on Administrative Statute, whose consolidated, coordinated and systematized text was established by the decree with force of law No. 29, of the Ministry of Finance, enacted in 2004 and published in 2005. In addition, it may determine the transitional rules for the application of variable remuneration, such as those referred to in Article 1 of Law No 19,553. You will also be able to set the rules for pigeonings at staff plants. 3) Determine the date of entry into force of the plants to be fixed. In addition, you may set the date of entry into force of the pigeonhole. 4) Dispose, without solution of continuity, the transfer of the officials and functionaries of plant and contract, from the National Commission of Scientific and Technological Research (CONICYT) and the Undersecretary of Economy and Companies of Minor Size, to the Secretariat of Science, Technology, Knowledge and Innovation. In the respective decree with force of law, which establishes the personnel plants, the way in which the corresponding transfer will be carried out will be determined and the number of officials or officials who may be transferred to the Secretariat of Science, Technology, Knowledge and Innovation, with legal status and quality, and the time limit for this process can be established. After the date of the transfer, the position of the official transferred shall be deemed to be abolished in full at the plant of the institution of origin. Similarly, the maximum number of staff will be reduced by the number of officials transferred. Together with the transfer, the budgetary resources that will be released will be transferred. The individualization of the staff transferred, will be carried out through decrees issued under the formula "By order of the President", through the Ministry of Science, Technology, Knowledge and Innovation. 5) (6) The requirements for the performance of the charges to be laid down in the exercise of the right of this Article shall not be required for the purposes of the In the case of officials or civil servants, they are in lockingup to the the date of entry into force of the or the respective decrees with force of law. Likewise, officials or officials to contract in service to the date of entry into force of the respective decrees with force of law, and to those whose contracts are extended under the same conditions, will not be required to requirements to be laid down in the decrees with corresponding force of law. (7) The use of the powers referred to in this Article shall be subject to the following restrictions with respect to the staff concerned: (a) It shall not have as a consequence and may not be considered as a cause of service termination, charges, termination of duties or termination of the employment relationship of the staff transferred. (b) It shall not mean loss of employment, cessation of duties, reduction of remuneration or modification of the rights of staff transferred. It shall also not be able to import change from the usual residence of officials or officials outside the region in which they are providing services, except with their consent. (c) Any difference in remuneration shall be paid by an additional payroll, which shall be absorbed by future remuneration improvements that correspond to officials and officials, except for general readjustment derivatives. the workers in the public sector should be granted. Such a template shall maintain the same amount of imputability as that of the remuneration it compensates. In addition, the general readjustment indicated above will apply to the supplementary plan. (d) Transferred officials or officials shall retain the age allowance they have recognised, as well as the time taken into account for such recognition. 8) The President or President of the Republic may arrange for the transfer of all kinds of goods from the National Commission of Scientific and Technological Research (CONICYT) to the Ministry of Science, Technology, Knowledge and Innovation, in which corresponds. Article 10.-The President or President of the Republic shall be empowered to, within a period of one year from the publication of this law, by means of one or more decrees with force of law issued through the Ministry of Education, which must also be signed by the Minister or Minister of Finance, dictate the rules necessary to regulate the following matters: 1) Set the plant personnel of the National Agency for Research and Development. In the exercise of this power, the President or President of the Republic shall dictate all the rules necessary for the proper structuring and operation of the plants which it establishes and, in particular, may determine the number of charges and grades of such plants; the specific requirements for the entry and promotion of such charges; their denominations, and the hierarchical levels for the purposes of applying Article 8 of the decree with force of law No. 29, of the Ministry of Finance, enacted in 2004 and published in 2005, which fixes the recast, coordinated and systematized text of Law No. 18,834, on Administrative Statute, and the hierarchical levels for the purposes of the application of Title VI of Law No. 19,882. It may also determine the rules necessary for the implementation of the modernization allocation of Law No 19,553, in its transitional application. In addition, it may lay down the rules for staffing. The upper and initial grades of the plants to be set according to this article will be the following: Plant of Directors: grades 1ºB and 4th. Plant of Professionals: degrees 5th and 14th. Plant of Technicians: degrees 10th and 15th. Administrative: degrees 13º and 23º. Plant of Auxiliary: degrees 19th and 23rd. 2) Determine the date of entry into force of the plants to be fixed. In addition, you can determine the date of entry into force of the staff's pigeonings. 3) Dispose, without solution of continuity, the transfer of officials and functionaries of plant and personnel to contracts from the National Commission of Scientific and Technological Research (CONICYT) to the National Agency of Research and Development. The transfer of plant and contract staff shall be carried out in the same grade and in the same legal quality as they were at the date of the transfer. In the respective decree with force of law that establishes the personnel plants, the way in which the corresponding transfer will be carried out will be determined and the number of officials or functionaries that will be transferred, by standard and legal quality, In addition, the time limit for this process can be established. The individualization of the staff transferred and their pigeonings, when appropriate, will be carried out through decrees issued under the formula "By Order of the President of the Republic", through the Ministry of Science, Technology, Knowledge (4) Determine the maximum allocation of the staff of the National Agency for Research and Development, in respect of which the limitation laid down in the second paragraph of Article 10 of Law No 18,834 on Administrative Staff Regulations shall not apply; whose consolidated, coordinated and systematized text was set by the decree with force of Law No 29, of the Ministry of Finance, enacted in 2004 and published in 2005. (5) The requirements for the performance of the posts to be established in the exercise of the right of this article shall not be required for the purposes of typecasting with respect to the officials or officials of the holding and to the contract in service to the the date of entry into force of the or the respective decrees with force of law. Likewise, officials or officials to contract in service to the date of entry into force of the respective decrees with force of law, and to those whose contracts are extended under the same conditions, will not be required to requirements to be laid down in the decrees with corresponding force of law. (6) The use of the powers referred to in this Article shall be subject to the following restrictions with respect to the staff concerned: (a) It shall not have as a consequence and may not be considered as a cause of service termination, charges, termination of duties or termination of the employment relationship of the staff transferred. (b) It shall not mean loss of employment, cessation of duties, reduction of remuneration or modification of the rights of staff transferred. It shall also not be able to import change from the usual residence of officials or officials outside the region in which they are providing services, except with their consent. (c) Any difference in remuneration shall be paid by an additional payroll, which shall be absorbed by future remuneration improvements that correspond to officials and officials, except for general readjustment derivatives. the workers in the public sector should be granted. Such a template shall maintain the same amount of imputability as that of the remuneration it compensates. In addition, the general readjustment indicated above will apply to the supplementary plan. (d) Transferred officials or officials shall retain the age allowance they have recognised, as well as the time taken into account for such recognition. 7) The President or President of the Republic may arrange for the transfer of all kinds of goods from the National Commission of Scientific and Technological Research (CONICYT) to the National Agency for Research and Development. Article 11.-The typecast referred to in the preceding article shall be subject to the conditions laid down in it or the decrees with force of law to fix the new plants of personnel of the National Agency of Investigation and Development, taking into account the following: 1) The officials of the management, professional, technical, administrative and auxiliary plants will be located in the same grade as they had at the date of the pigeonhole, maintaining the order of the scale of merit. If the new plants do not exist the grades that the officials had, because they have varied the degrees of income to them, they will be located in the last degree to be consulted in the new plant. 2) Once the above mechanism has been practiced, the posts that remain vacant in the professional, technical, administrative and auxiliary plants will be provided prior to the internal competition, in which only the officials will be able to participate They are treated in the same way as in the respective plants, and in that quality they have been performed without a continuity solution for at least four years in the National Commission for Scientific and Technological Research (CONICYT), as at 31 December 2017. Those officials shall be held in the same grade and in the same grade as they were treated as on 31 December 2017. However, if the new plants do not exist the grades that these officials have to hire, because they have varied the degrees of income to them, they will be able to apply in the last grade to be consulted in the new plant. (3) In the internal competitions referred to in the preceding number, only officials who are deemed to be treated as such, who are qualified in list 1, of distinction, or list 2, good and who comply with the requirements, may participate. requirements of the respective charge. The law-force decrees referred to in the preceding article shall define the factors which shall at least consider the internal contests referred to above. (4) The provision of vacant posts in the internal competitions referred to in the preceding number shall be made in descending order according to the score obtained by the applicants. In the event of a tie, officials shall be appointed in accordance with the result of the last qualification obtained and, in the event of maintaining this equality, the Director or National Director shall decide. Article 12.-As long as the Welfare Services of the Ministry of Science, Technology, Knowledge and Innovation and the National Agency for Research and Development are not constituted, its officials and officials may be affiliated with or continue to be affiliated with their current welfare services. The officials and officials of the National Commission of Scientific and Technological Research (CONICYT) who are transferred to the Ministry of Science, Technology, Knowledge and Innovation or the National Agency for Research and Development retain their affiliation to the associations of officials of the designated entities. Such affiliation shall be maintained until the Secretariat for Science, Technology, Knowledge and Innovation or the National Agency for Research and Development has established its own association. However, after two years of the entry into force of the decree with force of law referred to in the ninth and tenth transitional articles, the only ministry of the law will cease its affiliation to the associations of officials of the institution of origin. Article 13.-The President or President of the Republic, by means of one or more decrees issued through the Ministry of Finance, will form the first budget of the Ministry of Science, Technology, Knowledge and Innovation and the First budget of the National Agency for Research and Development, which may create, delete or modify the items, chapters, programs, items, allocations and budget glosas that are relevant to the application of the present law. These budgets will be informed to the Finance Committees of the Chamber of Deputies and the Senate within sixty days of their formation. Article 14-Articles 23, 24 and 25 shall produce their effects once the National Agency for Research and Development has become operational within a time limit to be determined in accordance with the numeral 1) of the transitional ninth article. Article 15-Authorize the President or President of the Republic to appoint, to r of the publication of this law, to the Minister or Minister of Science, Technology, Knowledge and Innovation, for the purpose of the installation of the Ministry. As long as the latter does not commence its activities, the Minister or Minister's remuneration shall be the level B of the Single Wage Scale. Article 16-Articles 26, 27, 28, 29, 30 and 31 will produce their effects once the Minister or Minister of Science, Technology, Knowledge and Innovation has been appointed. Article seventeenth.-During the first year of the law, and in the exercise of the powers laid down in article 7 of the decree with force of law No. 211, of the Ministry of Finance, of 1960, which sets rules for the The Corporation for the Promotion of Production, the Council of the Corporation will create a committee called "Committee of Technology and Public Research Institutes". This Committee will aim to promote the generation and strengthening of scientific and technological capacities for the innovation and provision of public goods, and will serve as an instance of coordination and exchange of information and good practices. between public and private non-profit institutions carrying out research and development activities, technology transfer and innovation, technical and technical assistance, technology dissemination or generation of research and information supporting regulation and public policy. For these purposes, the Corporation may delegate to the Committee the power to administer financing instruments, which may include multi-year goals and performance evaluations for technological and research institutes. public and private non-profit legal persons, excluding higher education institutions; in the light of the National Policy of Science, Technology, Knowledge and Innovation. Such financing may be used, inter alia, for the creation and maintenance of specialized technological capabilities of the entities mentioned above, as well as their operation, as laid down in the respective conventions. The Committee shall have a board of directors composed of the Minister or Minister for Science, Technology, Knowledge and Innovation, who shall chair it; the Minister or Minister for Economic Affairs, Development and Tourism, who shall act as its Vice-Chair; Executive vice-president of the Production Development Corporation; the Director or National Director of the National Agency for Research and Development; representatives of the ministries with which the technological institutes and public research; and other public sector and private sector representatives related to science, technology, innovation and productive development; as determined by the Corporation Council. Members of the Committee who belong to public bodies may be replaced by those appointed by them. Article 18 (8)-While the National Agency for Research and Development does not become operational, the provisions of Article 14 of this Law shall apply to the National Commission for Scientific and Technological Research (CONICYT) for the programmes and instruments it administers. Article 19 (1)-The greatest tax expense that the application of this law means, in its first year of validity, will be financed from the resources transferred from the corresponding items of the Ministries of Economy, Development and Tourism; General Secretariat of the Presidency; Education; and Transport and Telecommunications to the Ministry of Science, Technology, Knowledge and Innovation, in accordance with the provisions of the Article 13 transitional third. Notwithstanding the foregoing, the Ministry of Finance, under the budget heading Treasury, may supplement that budget in the portion of the expenditure that cannot be financed from such resources. For subsequent years, the largest expenditure will be financed from the resources provided for in the respective public sector budget laws. " Having complied with the provisions of Article 93 (1) of the Political Constitution of the Republic, and because I have had the right to approve and sanction it, I therefore promulgate and take effect as the Law of the Republic. Santiago, July 27, 2018.-SEBASTIAN PINERA ECHENIQUE, President of the Republic.-Gerardo Varela Alfonso, Minister of Education.-Felipe Larraín Bascunan, Minister of Finance.-Gonzalo Blumel Mac-Iver, Minister General Secretary of the Republic of the Republic of Mexico. President.-José Ramón Valente Paas, Minister of Economy, Development and Tourism. What I transcribe to you for your knowledge.-Salute attentively to you, Raul Figueroa Salas, Undersecretary of Education. Constitutional Court Draft law establishing the Ministry of Science, Technology, Knowledge and Innovation, corresponding to the (Bulletin No. 11.101-19) The Secretary of the Constitutional Court, who subscribes, certifies that the Honorable Senate of the República sent the bill in the rubric, approved by the National Congress, in order to have this Court exercise the preventive control of constitutionality with respect to the first paragraph of Article 22 of the bill and, which is Magistrate, by judgment of 12 July 2018, in the process Role No 4.945-18-CPR. It is resolved that the provisions contained in Article 21; in Article 22, first, second and fourth; in Article 11 (2), (2), (3) and (4), and in Article 17 (4), first, third and third Fifth, of the bill submitted by the National Congress for preventive control of constitutionality, they are in accordance with the Political Constitution of the Republic. Santiago, July 12, 2018.-Rodrigo Pica Flores, Secretary.