LAW NO. 21,045 CREATES THE MINISTRY OF CULTURES, ARTS AND HERITAGE Having present that the H. National Congress has given its approval to the following Bill: " Chapter I of the Ministry of Cultures, Arts and Heritage Title I Organization Paragraph 1. Principles Article 1.-Create the Ministry of Cultures, Arts and Heritage, and fix as its organic law the one contained in this text. This law will be governed by the following principles: 1. Of cultural diversity. Recognize and promote respect for cultural diversity, interculturality, dignity and mutual respect among the various identities that coexist in the national territory as fundamental cultural values. 2. Democracy and cultural participation. Recognize that people and communities are creators of content, practices and works with symbolic representation, with the right to actively participate in the cultural development of the country; and they have social and territorial access to the cultural goods, demonstrations and services. 3. Cultural recognition of indigenous peoples. Recognize, respect and promote the cultures of indigenous peoples, their ancestral practices, their beliefs, their history and their worldview, taking special consideration with the development of indigenous culture, arts and cultural heritage. 4. Respect for the freedom of creation and social assessment of creators and cultors. To recognize and promote respect for the freedom of creation and expression of creators and cultors, and to assess the social role of these in the cultural development of the country. 5. Recognition of territorial cultures. Recognize the particularities and territorial cultural identities that are expressed, among others, at the communal, provincial and regional levels, as well as in urban and rural sectors; promoting and contributing to the active participation of each commune, Province and region in the cultural development of the country and its respective territory, strengthening the territorial deconcentration in the design and implementation of policies, plans and programs in the cultural and heritage fields. 6. Cultural heritage as a public good. To recognize that cultural heritage, in all its diversity and plurality, is a public good that constitutes a space for reflection, recognition, construction and reconstruction of identities and national identity. 7. Respect for the rights of creators and cultors. Promote the respect of the rights of creators, in the field of intellectual property, as well as the labor rights enshrined in the Chilean legal order, of those who work in the fields of arts, cultures and heritage. 8. From historical memory. To recognize historical memory as a fundamental pillar of the country's intangible heritage and culture, which recreates and projects itself in a permanent respect for human rights, diversity, tolerance, democracy and the State of Right. For the purposes of this law, the definitions contained in existing international instruments of the United Nations Educational, Scientific and Cultural Organization shall be understood by culture, cultural diversity, cultural heritage and intangible cultural heritage. Science and Culture (UNESCO) ratified by Chile. Article 2.-The Ministry of Cultures, Arts and Heritage (hereinafter "the Ministry") shall be the Secretariat of State responsible for collaborating with the President of the Republic in the design, formulation and implementation of policies, plans and programmes to contribute to the harmonious and equitable cultural and heritage development of the country in all its diversity, recognising and valuing the cultures of indigenous peoples, geographical diversity and regional realities and identities; and premises, in accordance with the principles laid down in this Law. The Ministry, acting as the governing body, will ensure the coordination, consistency and coherence of policies, plans and programs in cultural and heritage matters, and will promote its incorporation in a transversal manner in the State's actions. Its address will be the city of Valparaiso, without prejudice to the others it establishes as such in the country and the address of the Secretariat of the Cultural Heritage, which will be the city of Santiago. Paragraph 2 of the Functions and Privileges Article 3. The Ministry shall be responsible for the following functions and attributions: 1. Promote and contribute to the development of artistic and cultural creation, promoting the creation, production, mediation, circulation, distribution and dissemination of visual arts, photography, new media, dance, circus, theatre, design, architecture, music, literature, audiovisual and other manifestations of the arts; as well as promoting respect and development of popular arts and cultures. 2. To foster the development of industries and the creative economy, contributing to the processes of insertion in circuits and services of circulation and dissemination, for the emergence and strengthening of creative entrepreneurship at local level, regional, national and international. 3. Contribute to the recognition and safeguarding of cultural heritage, promoting their knowledge and access, and encouraging the participation of people and communities in the processes of collective memory and heritage definition. 4. Promote and collaborate in the recognition and safeguarding of the indigenous cultural heritage, coordinating its actions with the competent public bodies in the matter of indigenous peoples; as well as promoting the respect and appreciation of the various expressions of the country's folklore and traditional and popular cultures in its various manifestations. 5. To promote the development of audiences and to facilitate equal access to knowledge and assessment of works, expressions and artistic, cultural and heritage assets, and to promote, in the field of their competences, the right to equality of opportunities for access and participation of people with disabilities. 6. To contribute to the knowledge and development of the artistic, cultural and heritage manifestations of Chilean residents abroad, as well as access to knowledge and enjoyment of works, expressions and artistic manifestations, cultural and heritage of the country, promoting dialogue, knowledge and exchange between creators and residents resident inside and outside Chile, for which it will coordinate its actions with the Ministry of Foreign Affairs. 7. Stimulate and contribute to the knowledge, assessment and dissemination of cultural manifestations of Afro-descendant communities and immigrant peoples residing in Chile, promoting interculturality. 8. To foster and collaborate, in the field of their competences, in the development of non-formal art education as a social factor of development. 9. Encourage and facilitate the development of management and cultural mediation capabilities at regional and local level, and promote the exercise of the right to partner in and among cultural organizations, in order to facilitate the activities of creation, promotion, mediation, dissemination, training, circulation and management in the different areas of cultures and heritage. 10. To promote the respect and protection of copyright and related rights, and its observance in all aspects of cultural relevance; as well as to promote its dissemination. 11. To promote digital culture and the use of technological tools in the processes of creation, production, circulation, distribution and making available of works, contents and artistic, cultural and heritage goods, and their access to them. 12. To promote the construction, expansion and enablement of infrastructure and equipment for the development of the cultural, artistic and heritage activities of the country, aiming at territorial equity, and to promote the capacity of management associated with that infrastructure, promoting the development of architecture and its territorial integration; as well as promoting and contributing to the efficient and efficient management and administration of public cultural infrastructure spaces and their due joint throughout the country. 13. To promote, collaborate and promote the strengthening of the initiatives, projects and expressions of community of the cultures and of the social, territorial and functional organizations linked to these cultural manifestations. 14. Promote private investment and donation in the field of cultures, arts and heritage. 15. Promote and facilitate the development of museums, promote coordination and collaboration between public and private museums, and promote the creation and development of public libraries. 16. To contribute and promote initiatives for the development of a civic culture of care, respect and use of public space, in accordance with the principles of this law. 17. To propose to the President of the Republic political and plans in matters of his competence. 18. To study, formulate, implement and evaluate policies, plans and programs in cultural and artistic matters, as well as to study, formulate and evaluate policies, plans and programs in heritage matters, to contribute to the fulfillment of their functions and powers, taking into account the principles outlined in this law. 19. To propose to the President of the Republic legal, regulatory and administrative initiatives in the field of their competence. 20. To ensure compliance with international conventions on cultural, artistic and heritage matters in which Chile is a party, and to explore, establish and develop international cultural and heritage links and programmes, 21. The Ministry of Foreign Affairs shall coordinate with the Ministry of Foreign Affairs. Awarding recognitions to people and communities they have contributed in a transcendent way in different areas of the cultures, arts and cultural heritage of the country, according to the procedure to be established in each case by regulation. 22. To stimulate and support the development of communal and regional cultural, artistic and heritage development plans that consider the participation of the community and its social organizations. 23. To promote, collaborate, carry out and disseminate studies and research in matters of its competence. 24. Establish a permanent link with the formal education system at all levels, coordinating with the Ministry of Education, in order to give expression to the cultural, artistic and heritage components in the plans and study programmes and in the pedagogical and educational work of teachers and educational establishments. In addition, in this area, it will have to promote language rights, as well as the training of new audiences. 25. To declare by supreme decree the national monuments in accordance with the law N ° 17.288, which legislates on national monuments; amends laws 16,617 and 16,719; repeals decree law 651, of 17 October 1925, previous favourable report of the Council of National Monuments. 26. Declare official recognition of expressions and manifestations representative of the intangible heritage of the country and the people and communities that are Living Human treasures and define the cultural heritage that the State of Chile will apply to be incorporated into the Representative List of Intangible Heritage of Humanity of the United Nations Educational, Scientific and Cultural Organization. 27. To conclude agreements with public and private bodies, both national and international, in matters related to the work of the Ministry. 28. Propose to the President of the Republic political and plans to promote the programming and issuance of programs of cultural and heritage relevance in public television channels and in other public media, without prejudice to the other powers and functions it has in the field. 29. Support the development and implementation of the National Five-Year Strategy for Cultural Development and the Regional Quinquennial Strategies for Cultural Development, in accordance with this law. 30. To develop and operate national and regional systems of information and cultural registration and public access, in accordance with current regulations. 31. To perform the other functions and duties entrusted to it by the law. In order to exercise the privileges conferred on numbers 2, 18, 19, 21, 22, 26 and 28 of this article, the Ministry shall always hear the opinion of the National Council of Cultures, Arts and Heritage within the time limit set by the regulation. If the opinion of the Council is not issued within the time limit laid down in the Regulation, the Ministry shall adopt the relevant decision. Paragraph 3 of Internal Structure Article 4.-The Ministry shall be organized as follows: (a) The Minister of Cultures, Arts and Heritage (hereinafter "the Minister"). b) The Secretariat of Cultures and the Arts (hereinafter "the Subsecretariat of Cultures"). (c) The Secretariat of Cultural Heritage (hereinafter referred to as "the Secretariat of the Heritage"). (d) the Regional Ministerial Secretariats of Cultures, Arts and Heritage (hereinafter the "ministerial regional secretariats"). e) The National Council of Cultures, Arts and Heritage and regional councils of Cultures, Arts and Heritage. Article 5.-The Minister is the direct and immediate collaborator of the President of the Republic in the leadership of the Ministry and the top management of national policies, plans and programs in the field of culture and heritage. The Minister shall be particularly responsible for ensuring the consistency and consistency of the work carried out by the sub-secretariats and the related or dependent services that form part of their structure, resolving any matter that may to be taken into question with regard to its powers. Article 6.-A regulation issued by the Ministry shall determine its internal organizational structure, in accordance with the provisions of Law No. 18,575, a constitutional organ of General Bases of the State Administration, the text of which was recast, coordinated and systematized by the decree with force of law No. 1/19,653, 2000, of the Ministry General Secretariat of the Presidency. For the purposes of establishing the internal structure, at least the following areas must be considered to fulfil functions throughout the Ministry, including both sub-secretariats: Planning and Budget and Legal Advice. In addition, it may establish other areas that are necessary to comply with the objectives, functions and powers of the Ministry or some of the sub-secretariats. For the preparation of the said regulation, the Ministry will have to consider the mechanisms of information to the officials and their associations. Title II Of the Subsecretariats Article 7.-The Ministry will have the subsecretariats of Cultures and Heritage. Each sub-secretary shall be in charge of a Deputy Secretary, who shall be the superior head of the Service and shall be responsible for the other functions assigned to him by law No. 18,575, constitutional organ of General Bases of the State Administration, whose text was recast, coordinated and systematized by decree with force of law No. 1/19,653, 2000, of the Ministry's General Secretariat. The Minister shall be subrogated by the Undersecretary of Cultures and the Arts, and in the absence thereof, by the Undersecretary of Cultural Heritage, without prejudice to the faculty of the President of the Republic to appoint another Secretary of State. The Secretariat of Cultures shall be responsible for the administrative management of the Regional Ministry's Ministries and the Ministry's internal administration and service. Paragraph 1 of the Subsecretariat of Cultures and the Arts Article 8.-The Undersecretary of Cultures and the Arts will be in charge of the Undersecretary (hereinafter "the Undersecretary of Cultures") and will have as object to propose policies to the Minister and to design, implement and evaluate plans and programmes in matters relating to art, cultural industries, creative economies, popular and community cultures, those assigned to them in this law and the other tasks that the Minister entrusts. The Undersecretary of Cultures will be the superior of the ministerial regional secretariats. Article 9.-The Secretariat of Cultures shall propose to the Minister, policies, plans and programs consistent with the ministerial policies for the artistic and cultural development of the country, in the areas of its competence. It shall also design and implement plans and programmes for the implementation of those policies, and in particular the ministerial functions and powers set out in the numerals 1, 2, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 16, 17, 18, 19, 20, Article 3 21, 22, 23, 24, 27, 28, 29 and 30. In the case of functions of common competence with the Secretariat of Heritage or the National Cultural Heritage Service, the Secretariat of Cultures shall act in coordination with these bodies, as appropriate. However, the Minister shall resolve any matter which may arise in respect of the powers of the said services, as provided for in the second paragraph of Article 5 of this Law. Article 10.-They are part of the Secretariat of Cultures, the National Council of the Book and the Reading, created in Law No. 19.227, the Council for the Promotion of National Music, created in Law No. 19,928 and the Council of Art and Industry Audiovisual, created in law No. 19,981. The councils will hold their sessions at the Ministry's premises, which will provide the material means for their operation. The rules for their proper functioning shall be established by agreement of the Council itself, taking into account the provisions of each of their respective laws. The councils should receive and listen to the Minister when requested. They shall also forward to the National Council of Cultures, Arts and Heritage information on the procedures for allocating resources of the respective funds. The members, in the exercise of their powers, shall observe the principle of administrative probity and, in particular, the rules referred to in the Law on Probity in the Civil Service and the other general and special rules which regulate. The following: (a) Expiration of the period for which he was appointed shall be the cause of termination in the post of adviser. (b) Voluntary resignation. c) Condena to grief. (d) Serious and manifest failure to comply with the rules on administrative probity. e) A serious lack of compliance with obligations as a counsellor, in accordance with the provisions of the regulation. The replacement of the vacancies that can be generated will be chosen using the same procedure of selection of who produced the vacancy and will exercise the position of counselor for the remainder of the period that it is up to him to fulfill. The members of the above mentioned councils who are not civil servants shall be entitled to receive a diet equivalent to eight units of promotion for each session to which they attend, with a ceiling of eight sessions per calendar year, ordinary sessions such as extraordinary sessions. This diet will be compatible with other income received by the counselor. Members who are not civil servants and who have to move out of their place of habitual residence to attend council meetings shall be entitled to a period of (a) a viatic equivalent to that corresponding to an official of grade 5 of the Single Pay Scale. Paragraph 2 of the Subsecretariat of Cultural Heritage Article 11.-The Undersecretary of Cultural Heritage will be in charge of the Undersecretary of Cultural Heritage (hereinafter "the Undersecretary of the Heritage") and will have as object to propose policies to the Minister and to design and evaluate plans and programs in matters related to folklore, traditional cultures, cultures and indigenous heritage, material and intangible cultural heritage, heritage infrastructure and citizen participation in the processes of collective memory and heritage definition. Article 12.-The Secretariat of Heritage shall propose to the Minister, policies, plans and programmes consistent with the ministerial policies, in the areas of its competence. It shall also formulate plans and programmes for the implementation of these policies and, in particular, the ministerial functions and powers set out in the numerals 3, 4, 5, 6, 9, 10, 11, 12, 14, 15, 16, 17, 18, 19, 20, 21, 23, 24, 27, 28, 29 and 30 of Article 3, coordinating its implementation by the National Cultural Heritage Service. In the case of the functions of common competence with the Subsecretariat of Cultures and with the Cultural Heritage Service, the Secretariat of Heritage shall act in coordination with these bodies, as appropriate. The Minister shall resolve any matter which may arise in respect of the powers of the said services, as provided for in the second paragraph of Article 5 of this Law. Title III Of the Regional Ministries of Ministers Article 13.-In each region of the country there will be a Regional Ministerial Secretariat for Cultures, Arts and Heritage, in charge of a Ministerial Regional Secretary, who will be a collaborator Mayor, who will be technically and administratively dependent on the Ministry, in accordance with the decree with force of law No. 1, which fixes the recast, coordinated and systematized text of Law No. 19.175, constitutional organic on Government and Regional Administration, and in Law No. 18,575, Constitutional Organic of Bases General Administration of the State, whose text was recast, coordinated and systematized by decree with force of law No. 1/19,653, 2000, of the Ministry General Secretariat of the Presidency. Article 14.-Corresponding to the Ministerial Regional Secretariat: 1. To provide technical advice to the mayor. 2. To collaborate with the subsecretariats in the elaboration of the proposal for regional policies, plans and programs. 3. Run policies and design and implement ministerial plans and programs in the region in cultural matters, for which the necessary coordination measures may be adopted for this purpose. 4. To propose to the Undersecretary of the political heritage, plans and regional heritage programs, maintaining a permanent coordination and collaboration with the Regional Directorate of the National Service of Cultural Heritage. 5. Collaborate with the regional government in the implementation of plans, programs and actions of the Ministry's competence. 6. Collaborate with the municipalities of the region, municipal corporations and social organizations whose main object is cultural, artistic or patrimonial, maintaining with all of them permanent links of information and coordination. 7. To grant public recognition, in accordance with the law and regulation, to outstanding creators and culturists of the region, and to communities and cultural and heritage organizations; for which it must first listen to the Regional Council of Cultures, Arts and Heritage. 8. To promote cooperation and cultural exchange between their region and the other regions of the country, as well as with regions of other countries, all in accordance with the legal system. 9. To collaborate, carry out and disseminate regional and local studies and research in matters of its competence. 10. To perform the other functions and duties entrusted to it by the law. Title IV Paragraph 1 of the National Council of Cultures, Arts and Heritage Article 15.-For the purposes of this law, the National Five-Year Strategy for Cultural Development will be understood as the "National Five-Year Strategy". definitions of strategic objectives for the cultural development of the country as a whole, based on studies and diagnoses of the various fields of cultures, arts and cultural heritage carried out by the Ministry, considering the contribution of the Regional Quinquennial Strategies for Cultural Development. The Regional Five-Year Strategy for Cultural Development, hereinafter referred to as the "Regional Five-Year Strategy", will correspond to the definitions of strategic objectives for regional cultural development, in all its fields, formulated on the basis of the basis of studies and diagnoses carried out by the Ministry on the reality of the sector, and considering the particularities and identities of the region. The Regional Five-Year Strategies should be considered for the purpose of drawing up the National Five-Year Strategy. Article 16.-Create the National Council of Cultures, Arts and Heritage, which will be chaired by the Minister, and will also be composed of: 1. The Minister of Foreign Affairs or his representative. 2. The Minister of Education or his representative. 3. The Minister of Economy, Development and Tourism or his representative. 4. Three persons representing the arts who have a recognized relationship and a remarkable career in activities related to the work of artistic creation, cultural industries, art education, visual arts, performing arts, literature, music, audiovisual arts, design, architecture or cultural management, designated by the President of the Republic on the proposal of the organisations that bring together artists, cultors or managers, who have legal personality in force. One of these designations will require the Senate agreement. 5. Two persons representing traditional cultures and cultural heritage who have a recognised link and a remarkable career in these areas, such as culturists, researchers, specialists or cultural managers, appointed by the President of the Republic on the proposal of the country's heritage organizations, which have legal personality in force. One of these designations will require the Senate agreement. 6. Two persons representing popular cultures, Community cultures or citizens ' organisations having a recognised link and a remarkable career in these areas, such as creators, cultors, researchers, specialists or cultural managers, appointed by the President of the Republic on the proposal of the cultural organisations of the country which have legal personality in force. One of these designations will require the Senate agreement. 7. Two persons representative of indigenous peoples, with outstanding trajectory in the fields of arts, cultures or heritage, designated by the associations, communities and indigenous organizations formed according to the legislation in force. 8. Two academicians linked to the fields of arts and heritage, respectively, designated by the institutions of higher education recognized by the State and accredited for a period of at least four years. 9. A representative of the communities of immigrants residing in the country with outstanding career in the fields of the arts, cultures or heritage, designated by the entities that group them, who have legal personality in force. 10. An award winner with the National Award, chosen by those who have received that distinction. The representatives of the ministers, in any case, will be public servants of these ministries. The proposals or designations of the persons covered by numerals 4, 5, 6, 7 and 8 of the first subparagraph shall be made, in each case, by ensuring the representativeness of both sexes and at least one of them, in each case, of a region different from the Metropolitan Region. A regulation issued by the Ministry of Cultures, Arts and Heritage will determine the procedure through which the proposals or designations of the members of the Council mentioned in this article will be made effective, A National Register of Organizations shall exist. Members shall last four years in their duties and may be appointed for a period of time, for one time. The following: (a) Expiration of the period for which he was appointed shall be the cause of termination in the post of adviser. (b) Voluntary resignation. c) Condena to grief. (d) Serious and manifest failure to comply with the rules on administrative probity. e) A serious lack of compliance with obligations as a counsellor, in accordance with the provisions of the regulation. The vacancies will be filled by the same selection procedure of who produced the vacancy. The replacement shall perform his duties for the remainder of the relevant period, and his appointment may be extended for a further period, for one time. Members shall, in the exercise of their powers, observe the principle of administrative probity and, in particular, shall be subject to the rules of probity and to the duties and prohibitions laid down in Title III of Law No 18,575, Constitutional Organic of General Bases of the State Administration, whose consolidated, coordinated and systematized text was established by the decree with force of Law No. 1/19,653, 2000, of the Ministry General Secretariat of the Presidency, and in the Title II of Law No 20,880 on Probity in the Civil Service and Prevention of Conflicts of Interest. The Council shall hold its meetings at the premises of the Ministry, which shall provide the material means for its operation. Ordinary and extraordinary sessions, the quorum for sessioning and the adoption of agreements, the procedures for deciding in the event of a tie, and in general those rules for their proper functioning shall be established by agreement of the Council itself. The Undersecretary of Cultures shall act as secretary and minister of faith of the Council, and may adopt all the providences or measures necessary for his good work. In case of absence or impediment, it will be subrogated in these functions by the Undersecretary of the Heritage. Council meetings shall be of a public nature, with different means and technologies available for this purpose. Members who are not civil servants shall be entitled to receive a diet equivalent to eight units of promotion for each session to which they attend, with a ceiling of eight sessions per calendar year, taking into account both the ordinary sessions as extraordinary. This diet will be compatible with other income received by the counselor. Members who are not civil servants and who have to move away from their place of habitual residence to attend Council meetings shall be entitled to receive an allowance equivalent to that corresponding to an official of grade 5. of the Single Pay Scale. For all legal purposes, with the Council in question this Title shall be understood to be fulfilled the obligation laid down in Article 74 of the Law No. 18,575, constitutional organic of General Bases of the State Administration, the text of which was recast, coordinated and systematized by the decree with force of law No. 1/19,653, 2000, of the Ministry General Secretariat of the Presidency. Article 17.-Corresponding to the National Council of Cultures, Arts and Heritage: 1. To approve the National Five-Year Strategy, on the proposal of its president, which will serve as a reference framework for the policies of the sector. This strategy should consider the Regional Five-Year Strategy. 2. Know the memory, budget implementation and balance of the previous year of the Ministry. 3. Propose to the Minister the policies, plans, programmes, measures and regulatory changes intended to fulfil the functions of the Ministry referred to in Article 3, and the measures it creates necessary for the proper implementation of cultural policies and for the development of culture, artistic creation and dissemination and cultural heritage. 4. To convene annually the realization of the National Convention of Cultures, Arts and Heritage in order to generate instances of critical reflection on cultural needs and their correlation in public policies and cultural institutions and other matters which it defines, with the responsibility of the Ministry for its organization and implementation. At the beginning of this convention, the Ministry will give an annual public account, with the obligation laid down in Article 72 of the Law No. 18,575, constitutional organic of General Administration of the Administration, being fulfilled for all legal purposes. of the State, whose text was recast, coordinated and systematized by the decree with force of law No. 1/19,653, of 2000, of the Ministry General Secretariat of the Presidency. The National Council of Cultures, Arts and Heritage will define the subjects to be addressed, the speakers that are required for the exposition of certain subjects, the persons and organizations that will participate, according to the availability budget, as well as the procedure for the discussion and approval of the conclusions of the Convention. 5. Propose to the Assistant Secretary the components or lines of annual action of the National Fund for Cultural Development and the Arts created in Law No. 19,891, and of the Fund of Cultural Heritage created in this law. 6. To approve the proposal that the National Cultural Heritage Service will make to the Minister for the declarations of official recognition to expressions and manifestations representative of the immaterial patrimony of the country, and to the people and communities that are Living Human Treasures and the cultural heritage manifestations that the State of Chile will postulate to be incorporated into the Representative List of Intangible Heritage of Humanity of UNESCO, which deals with the number 26 of the Article 3. 7. To propose to the Assistant Secretary the persons who must intervene in the selection and award of resources to projects that are attended to the National Fund of Cultural Development and the Arts, in the national competitions, who must have a A remarkable trajectory in the contribution to national culture. 8. To propose to the Director of the National Cultural Heritage Service, persons who are required to intervene in the selection and award of resources for projects that are awarded to the Fund of Cultural Heritage, in accordance with this law, in competitions of a national nature, who must have an outstanding track record in contributing to the national heritage. 9. To appoint the jurors to be involved in the awarding of the National Awards for Plastic Arts, Literature, Music Arts, and Arts of Representation and Audiovisual in accordance with Law Nº 19.169, on Awards Nationals. 10. To propose to the Minister the acquisition for the Fisco of goods of cultural and patrimonial interest, listening previously to the respective Regional Council of Cultures, Arts and Heritage. 11. To convene work teams as support in the exercise of their functions, being able to integrate them with representatives of competent public bodies and representative of civil society. 12. To propose to the Minister initiatives that aim to promote the permanent link with the formal education system and the necessary coordination with the Ministry of Education, according to Article 3 of this Law. 13. To issue an opinion on any other matter in which the Minister is consulted. 14. Carry out the other functions and duties entrusted to it by the law. Paragraph 2 of the Regional Councils of Cultures, Arts and Heritage Article 18.-The National Council of Cultures, Arts and Heritage will be territorially unconcentrated through the Regional Councils, which will have their domicile in the respective regional capital or in any provincial capital. Article 19.-The Regional Councils shall be composed of: 1. The Regional Minister of Culture, Arts and Heritage, who will chair the Regional Councils. 2. The Regional Secretaries of Education and Economic Affairs, Development and Tourism. 3. The Regional Director of the National Cultural Heritage Service. 4. Four persons representing the arts, cultures and cultural heritage, who have a recognised link and an outstanding career in various activities linked to regional cultural work, such as artistic creation, heritage, industry and creative economy, crafts, architecture, cultural management, and various manifestations of traditional culture, community cultures and popular culture of the region. They shall be designated by the Ministerial Regional Secretary on the proposal of the cultural or heritage organizations of the region, which have legal personality in force in accordance with the law, and must ensure the representativeness of both sexes. 5. A representative of the citizens ' organizations whose objects are directly related to the cultural or cultural heritage, having legal personality and main domicile in the respective region, chosen by those organisations. 6. A representative of indigenous peoples, with outstanding trajectory in the fields of arts, cultures or heritage, designated by indigenous communities, associations and organizations formed in accordance with the legislation in force. 7. A representative of the municipalities of the region, elected by their mayors. 8. An academic of the institutions of higher education of the respective region, chosen by the corresponding accredited institutions. 9. A representative of the regional government, appointed by its respective Regional Council. Persons designated in accordance with numerals 4, 5, 6, 7 and 8 shall be representative of the respective sectors or activities and shall not have the status of representatives of those who have proposed them. A regulation issued by the Ministry of Cultures, Arts and Heritage will determine the procedure by which the proposals or designations of the members established in this article and the causals of cessation will be effective. in the position. The members of the regional councils will last for four years in their duties and will be able to be appointed for a new period in a row, for one time. The vacancies will be completed and formalized with the same procedure established in the previous incisuses, and will be extended only for the time that I will restore to finish your period to the counselor who provoked the vacation, being able to reelect for a new period, for one time. The councils will hold their sessions in the offices of the ministerial regional secretariats, which will provide the material means for their operation. The ordinary and extraordinary sessions of the councils, the quorum for meeting and adopting agreements, the procedures for deciding in the event of a tie, and in general those rules for their proper functioning shall be established by agreement of the own advice. Council meetings shall be of a public nature, and different means and technologies available for this purpose may be used. Members shall, in the exercise of their powers, or to serve the principle of administrative probity and, in particular, the rules laid down in the Law on Probity in the Civil Service and the other general and special rules governing it. Members who are not civil servants shall be entitled to receive a diet equivalent to eight units of promotion for each session to which they attend, with a ceiling of eight sessions per calendar year, considering both the ordinary and the the extraordinary. This diet will be compatible with other income received by the counselor. Members who are not civil servants and who have to move away from their place of habitual residence to attend council meetings shall be entitled to receive an allowance equivalent to that corresponding to an official of grade 5. of the Single Pay Scale. Article 20.-Corresponding to Regional Councils: 1. Advising the regional ministerial secretary of the region in matters of his competence. 2. To approve the Regional Five-Year Strategy, on the proposal of the ministerial regional secretariat, which will serve as a reference framework for the sector's policies and which will contribute to the definition of the National Five-Year Strategy by the Council National of Cultures, Arts and Heritage. 3. Give your opinion to the National Council of Cultures, Arts and Heritage to make proposals to the undersecretaries on the components or lines of annual action of the National Fund for Cultural Development and the Arts created in law N ° 19,891, and the Cultural Heritage Fund created in this law. 4. To propose to the Assistant Secretary of the Cultures and the Director of the National Cultural Heritage Service to the persons who will fulfill the work of evaluation and selection in the regional public competitions for the allocation of the resources of the National Fund for Cultural Development and the Arts and the Cultural Heritage Fund, respectively, who will have a prominent career in the contribution to regional culture and heritage, respectively. 5. To propose to the ministerial regional secretary the policies, plans and programs intended to fulfill the functions of the Ministry mentioned in Article 3 of this Law. 6. To propose to the Regional Secretary Ministerial initiatives that aim to promote the permanent link with the formal education system and the necessary coordination with the Ministry of Education, according to Article 3 of the present law. 7. To issue an opinion on any other matter in which it is consulted by the Ministerial Regional Secretary. 8. Carry out the other functions and duties entrusted to them by the law. Title V Of Staff Article 21.-The personnel of the Ministry will be affected by the provisions of the decree with force of law No. 29, 2004, of the Ministry of Finance, which Fija the recast, coordinated and systematized text of Law No. 18,834, on Administrative Statute, and in the field of remuneration, to the rules of Decree Law No. 249 of 1974, of the Ministry of Finance, which sets a single scale of salaries for the staff that it points out, and its complementary legislation. Chapter II Title I Of The National Service of Cultural Heritage Paragraph 1 ° Nature and Functions Article 22.-Create the National Cultural Heritage Service (hereinafter "the Service"), as a decentralized public service, with personality The Ministry of Culture, the Arts and Heritage, will be under the supervision of the President of the Republic through the Ministry of Cultures, Arts and Heritage, and will have its home and headquarters in the city of Santiago. The Service shall be affected by the rules of Title VI of Law No 19,882. Article 23. The purpose of the Service is to implement policies and plans, and to design and implement programs aimed at fulfilling the functions of the Ministry, in matters related to folklore, traditional cultures, cultures and heritage. indigenous, material and intangible cultural heritage; and heritage infrastructure, as well as citizen participation in the processes of collective memory and heritage definition. For these purposes, and limited to its competence, the Service shall have the privileges indicated for the Ministry in the numerals 20, 24, 27 and 30 of Article 3 of this law. It will also be able to carry out studies, research or provide technical assistance to organisms in matters of its competence, finding it enabled to charge for the performance of these tasks. In order to fulfill the functions that correspond to the Service and to any of the subsecretariats, it shall be coordinated with the respective Secretariat. Article 24. The administration and senior management of the Service shall be in charge of a National Director, who shall be the Senior Head of the Service. The National Director shall have the following powers: 1. Representing the Service in court and out of court, as well as exercising its representation to international bodies, subject to the authorization of the Minister. 2. the institution, the functions and powers it deems appropriate, and confer mandates on certain matters. 3. To know and to resolve any matter related to the interests of the Service, being able to the effect to execute and to celebrate the acts and contracts that are necessary or conducive to the attainment of the objectives of the Service, either with natural persons or legal, national or foreign, public or private law. 4. Require from the State's agencies the information and background it deems necessary to relate to their respective spheres of competence. 5. Determine the value of the rights that are charged for services that are provided under the law or regulation. 6. To direct and plan actions, plans and programs that will be carried out to meet the objectives and functions of the Service. 7. To carry out the other duties entrusted to it by the law. Article 25.-The Service shall be territorially unconcentrated through the regional addresses. In each region of the country there will be a Regional Director. The internal organization of the regional directorate must have the necessary structure for the performance of its functions, among others, in matters of public libraries, museums, archives, national monuments and intangible cultural heritage. Paragraph 2 of the Cultural Heritage Fund Article 26.-Create the Cultural Heritage Fund (hereinafter also "the Fund"), which shall be administered by the National Cultural Heritage Service, and which shall be aimed at financing, in general, the total or partial implementation of projects, programmes, activities and measures of identification, registration, research, dissemination, valuation, protection, rescue, preservation, conservation, acquisition and safeguarding of the heritage, in its various modalities and manifestations, and education in all areas of heritage cultural, material and intangible, including the manifestations of the cultures and heritage of indigenous peoples. The resources of the Fund shall be allocated by public tender, in accordance with Article 28, promoting a harmonious and equitable cultural development between the regions. The Under-Secretary of the Heritage, by exempt resolution, shall approve the components or lines of annual action of the Fund, on a proposal from the National Council of Cultures, Arts and Heritage, and send it to the National Director of the Heritage for execution. For the purposes of the proposal, the Director of the Service shall send the Council a statement of expenditure on the expenditure of the resources allocated during that year. The allocation of the resources of the Fund shall be made by resolution of the Director of the National Cultural Heritage Service, which shall also be endorsed by the Undersecretary of the Heritage. Article 27.-The Fund shall be constituted by: 1. The resources that the Public Sector Budget Law provides annually. 2. Donations, inheritances or legacies to be made to the National Cultural Heritage Service with the precise purpose to be assigned to the Fund, which shall be exempt from the procedure of insinuation referred to in Article 1401 of the Civil Code and the tax on inheritances, allowances and donations provided for in Law No 16,271. 3. The contributions that the National Cultural Heritage Service receives from international cooperation for the fulfillment of its objectives, with the precise purpose of being destined to the Fund. 4. The resources received by the National Cultural Heritage Service, with the precise purpose of being destined for the Fund by any other concept, in accordance with Decree Law No. 1.263, 1975, of the Ministry of Finance, State Financial. Article 28. The resources of the Cultural Heritage Fund shall be allocated by public tender, in accordance with the Ministry's policies. A regulation of the Ministry of Cultures, Arts and Heritage, which must also be signed by the Minister of Finance, will regulate the Cultural Heritage Fund, which will include, among other rules, those relating to the allocation of resources, safeguarding territorial equity; the standards of evaluation, eligibility, selection and financing ranges; the form, body and body that will carry out the evaluation and selection processes, which must be carried out by specialists, all of which will ensure due impartiality, transparency and objectivity in the allocation of the resources; the rules of inability, incompatibilities and the duty of abstention of the persons in charge of the evaluation and selection; and the commitments and guarantees of protection for the Fisco. Paragraph 3 of the National Heritage Institutions Article 29.-The following national heritage institutions shall be an integral part of the National Patri Service The National Library, which will have as its mission to gather, preserve, investigate and disseminate the various bibliographic materials, printed and on other media, which are part of the national collective memory, in order to allow access to the information and knowledge contained in its collections to all in-person and remote users of the national and international community that require it, promoting reading. 2. The National Archive, which will have as its mission to gather, organize, preserve, investigate and disseminate the set of documents, regardless of their age, form or support, produced organically and/or accumulated and used by a person, family or institution in the course of its activities and functions, as well as all documents relevant to the history and development of the country. 3. The National Museum of Fine Arts, which will have as its mission to contribute to the knowledge and dissemination of artistic practices contained in the visual arts according to the codes, the time and the contexts in which they are developed. It is up to him to preserve, protect, research, recover and disseminate the national artistic heritage in the field of the visual arts, aesthetically educate the public through new methodologies of approach and interpretation of the art of the past and from the present, organize exhibitions of national and international artistic heritage in its various manifestations and epochs, guarding the architectural heritage of the museum. 4. The National Historical Museum, which will have as its mission to make known the history of Chile through the heritage objects it has custody, seeking to provide the national and international community with access to knowledge of the country's history, for the identity of Chile is recognized in it, through the functions of collection, collection, conservation, research and dissemination of tangible and intangible heritage that make up the historical memory of the country. 5. The National Museum of Natural History, which will have as its mission to gather, conserve, research and disseminate the natural and cultural heritage of the national territory through the functions of collection, collection, conservation, research and dissemination of all materials of botany, zoology, entomology, geology, mineralogy, paleontology, anthropology, ethnography, ethnology and archaeology. It will include in its anthropological, ethnological, ethnographic and archaeological collections the human being of Chile in the world context. 6. The National Cineteca, which will have as its mission the restoration, conservation and dissemination of national and global film heritage. It shall be responsible for receiving the deposits provided for in Article 14 ° of Law No 19,733, on Freedom of Opinion and Information and Exercise of Journalism, without prejudice to the provisions of that law in respect of the National Library. The directors of these institutions will be affected by the article 8 ° of the decree with force of law No. 29, 2004, which Fixed text recast, coordinated and systematized of Law No. 18,834, on Administrative Statute. Paragraph 4 ° Of the Technical Secretariat of the Council of National Monuments Article 30.-The Technical Secretariat of the Council of National Monuments shall be an integral part of the National Cultural Heritage Service, and shall be in charge of the Secretary of the National Monuments Council. Council of National Monuments. It will have the following functions: 1. Promote and implement plans and programs relating to the recovery, valuation and sustainability of the heritage protected by law No. 17.288, which Legisla on national monuments; amends laws 16,617 and 16,719; repeals decree law 651 of 17 October 1925. 2. To advise the Council of National Monuments on everything that the Council requires and to implement the decisions it adopts. 3. To agree to the elaboration of management plans to regulate the interventions in the national monuments and to determine their relevance with respect to the goods already declared or that by the only ministry of the law remain under the tuition and protection of the State, without prejudice to the powers of the Council of National Monuments. 4. Take the Register of National Monuments. 5. Ensure compliance with the provisions of Articles 11, 12, 13, 18, 19, 22, 23, 24, 25 and 30 of Law No 17.288. Paragraph 5 of the Systems of Museums, Libraries and Archives Article 31.-Create the National System of Museums, administered by the Service and integrated by the museums dependent on it, as well as by those administered by public institutions or private, to be integrated voluntarily. The National System of Museums will aim to contribute to an efficient and efficient management of the museums that integrate it, will provide technical advice, contribute to the development of the museums of the country and promote coordination and collaboration between public and private museums. The Service will be in charge of the National Registry of Museums, in which the museums administered by public entities and private entities that so require will be registered. Article 32. An integrated advisory board will be available, at least, by the directors of the National Museum of Fine Arts, the National Museum of Natural History and the National Historical Museum, and by the other persons or entities that point out the regulation. This advisory board may propose to the Deputy Minister of Heritage all measures it deems necessary for the promotion and development of the country's museums. The regulation shall determine the procedure for appointing the persons to be included in the advisory board set out in the preceding paragraph, and its operation. At least four of its members will have to come from regions other than the Metropolitan Region. Article 33.-Create the National Archives System, administered by the Service, which will be constituted by the National Archives of Chile and the regional archives, if any, and by all those private files that are integrated into the system voluntarily. The National Archives System will be directed by the Director of the National Archives, and will depend on the Service. In the absence of the Director, an official of the National Archive shall be subrogated. The National Archive will be responsible for monitoring the implementation of administrative and technical policies and standards for the operation of the files that integrate this System. Article 34.-The Minister, on a proposal from the Director of the Service and according to the available budget, may arrange for the creation of regional archives, which will be the responsibility of the Regional Conservative, which will be appointed by the Director of the National Archives by means of public tender and shall relate directly to that authority. In the field of their territorial competence, the regional archives are responsible for the tasks referred to in Article 29 (2). Article 35.-Create the National System of Public Libraries, administered by the Service, which will be constituted by public libraries that are dependent on it, as well as by public libraries administered by public institutions or private, which they voluntarily integrate. This system will be designed to provide technical advice and training; and to promote, disseminate, develop, strengthen and coordinate the set of public libraries that integrate it, promoting the creation and development of these. Article 36. For the purposes of this law, it is understood by public library that it is permanently open to the public, regardless of the property or administration thereof. It will aim to be a place of meeting and recreation of the community and of access to information technologies and center for the promotion of culture and reading. Its primary role will be to provide readers with extensive and non-discriminatory access to bibliographic, audiovisual and multimedia collections, or on any other support, updated on a permanent basis. These public libraries may be state, private or community. Article 37 (6) of the Heritage of the Service.-The patrimony of the Service shall consist of: 1. The resources allocated to it annually in the Public Sector Budget. 2. The movable and immovable property, body or incorporated, which may be transfer or acquire any title, and the fruits of them. 3. The contributions of the international cooperation that you receive for the fulfillment of your objectives, to any title. 4. Donations, inheritances or legacies to be made to the National Cultural Heritage Service, which shall be exempt from the process of insinuation referred to in Article 1401 of the Civil Code and the inheritance tax, donations established in law N ° 16,271. 5. The income you receive for the services you provide. Article 38 (7)-Staff of the Service will be affected by the provisions of the decree with force of law No. 29, 2005, of the Ministry of Finance, which Fija the recast, coordinated and systematized text of Law No. 18,834, on Administrative Statute, and in the field of remuneration, to the rules of Decree Law No. 249 of 1974, of the Ministry of Finance, which provides for the Single Scale of Wages for the Staff that it points out, and its complementary legislation. 39.-The Secretariat of Cultures, in the field of functions and attributions granted to it by this law, shall be considered, for all purposes, the successor and legal continuator of the National Council of Culture and the Arts, with all its rights, obligations, functions and powers, with the exception of heritage matters, in which the National Council for Culture and the Arts, the Under-Secretary of the Heritage or the Cultural Heritage Service shall be the successor; corresponds. The references that in Such an area shall make the laws, regulations and other legal rules referred to in the advice of the said bodies, as appropriate. Article 40.-The National Cultural Heritage Service, in the field of the functions and privileges granted to it by this law, shall be considered for all purposes, successor and legal continuator of the Directorate of Libraries, Archives and Museums, with all rights, obligations, functions and privileges. References made in this field to the laws, regulations and other rules of law to the indicated Address shall be construed as being made to the said Service, with the exception of those functions and attributions corresponding to the Secretariat of the Cultural heritage, in respect of which the Deputy Secretary will be the successor and legal continuation of the said address. Article 41.-Create an Advisory Council of Indigenous Peoples (hereinafter the "Advisory Council"), to advise the Ministry in particular on the formulation of policies, plans and programs related to indigenous cultures, arts and heritage, which be composed of nine persons belonging to each of the indigenous peoples recognized by Chilean legislation, representative of their cultures, arts and heritage, designated by the Minister on the proposal of the communities and associations Indigenous persons formed in accordance with the law. A regulation issued by the Ministry of Cultures, Arts and Heritage will determine the procedure by which the members ' designations and the proper functioning of the Council will be effective. Members shall last four years in their duties and may be appointed for a period of time, for one time. Members who are not civil servants shall be entitled to receive a diet equivalent to eight units of promotion for each session to which they attend, with a ceiling of four sessions per calendar year, taking into account both the ordinary sessions as extraordinary. This diet will be compatible with other income received by the counselor. The following: (a) Expiration of the period for which he was appointed shall be the cause of termination in the post of adviser. (b) Voluntary resignation. c) Condena to grief. (d) Serious and manifest failure to comply with the rules on administrative probity. e) A serious lack of compliance with obligations as a counsellor, in accordance with the provisions of the regulation. The vacancies will be filled by the same selection procedure of who produced the vacancy. The replacement shall perform his duties for the remainder of the relevant period, and his appointment may be extended for a further period, for one time. Chapter III Legal Amendments Article 42.-Amend Law No 17.288, which Legisla on national monuments; amends laws 16.617 and 16.719; repeals decree law 651, of 17 October 1925, in the following sense: 1. In Article 2: (a) Replace in its heading the expression "Ministry of Public Education" by "Ministry of Cultures, Arts and Heritage". (b) Replace its literal (a) by the following: "(a) of the Secretary of the Cultural Heritage, who shall preside over him;" (c) Replace his literal (b) with the following: " (b) From the Director of the National Cultural Heritage Service, who shall be his Deputy Executive Vice-President and subrogate to the Deputy Secretary when he is prevented from attending for any cause; ". (d) Replace in his letter r) the expression", and " by a semicolon. (e) Replace in the second subparagraph of (s) the expression "Ministry of Public Education" by "Ministry of Cultures, Arts and Heritage" and the point and end by a semicolon. (f) Eliminate (t). (g) Add, following the literal (s), the following literals (t) and (u), passing the current literal (u) to be v): " t) Of a representative of associations of neighborhoods and heritage areas, appointed in accordance with the A representative of the College of Archaeologists of Chile, and ". (h) Add the following final point, new: " Directors who are not public servants shall be entitled to receive a monthly allowance of eight units of promotion, provided that they attend at least one monthly session, ordinary sessions such as extraordinary sessions. This diet shall be compatible with other income received by the counsellor. '. 2. Replaced in Article 3 the words' Ministry of Public Education 'for' National Cultural Heritage Service '. 3. Delete Article 6 (2). 4. Replace in the third paragraph of Article 11 the phrase "of the Directorate of Libraries, Archives and Museums of the Ministry of Public Education" by "of the National Service of Cultural Heritage". 5. Replace in Article 33 the expression "of the Directorate of Libraries, Archives and Museums" by "the National Cultural Heritage Service", and the expression "of the Director of Libraries, Archives and Museums" by " of the National Director of the Service National of Cultural Heritage ". 6. Replace in Article 34 the expression "Director of Libraries, Archives and Museums" by "National Director of the National Cultural Heritage Service". 7. In Article 37: (a) The words 'National Cultural Heritage Service' shall be replaced by the words 'National Service of Cultural Heritage' in the first indent. (b) In the second indent, after the word 'Council', the phrase 'of National Monuments'. Article 43.-Substitute in Article 12 (E) (1) (a) of Decree Law No 825 of 1974 of the Ministry of Finance, Law on Sales and Services Tax, the expression "of the Ministry of Public Education" for the following: " granted by the Undersecretary of Cultures, who may delegate this assignment to the regional ministerial secretaries of the branch. In the exercise of this allocation, the ministerial regional secretaries shall consider the criteria to be established by the Assistant Secretary, by means of a decision rendered for these purposes. The Deputy Secretary will issue an annual report on the auspices, which will be sent to the Minister of Finance, the Assistant Secretary of Finance, the Senate Finance and Education Committees, and the Finance and Finance Committees. Education of the Chamber of Deputies. " Article 44.-Amend Law No 19.169, which lays down rules on the granting of national awards, in the following sense: 1. Incorporate, following Article 9, the following Article 9a: " Article 9a.-The awards referred to in the Articles 2 and 7 will be awarded by jurors who, in all cases, will be composed of the Minister of Cultures, Arts and Heritage, the Rector of the University of Chile and the last recipient of the respective National Award. The following persons will also be included in the award, according to the Prize in question: a) Literature: a representative of the Chilean Academy of Language, an academic appointed by the Board of Rectors and two leading authors of the literature Chilean, be these writers, poets or poets or essayists, appointed by the National Council of Cultures, Arts and Heritage. b) Plastic Arts: a representative of the Chilean Academy of Fine Arts, an academic appointed by the Council of Rectors and two prominent creators in the field of the visual arts of the country, appointed by the National Council of Cultures, the Arts and Heritage. c) Music Arts: a representative of the Chilean Academy of Fine Arts, an academic appointed by the Council of Rectors and two outstanding creators of Chilean music, are composers, authors or interpreters, appointed by the National Council of Cultures, Arts and Heritage. d) Arts of the Representation and Audiovisual: a representative of the Chilean Academy of Fine Arts, an academic appointed by the Board of Rectors and two persons highlighted in the creation and production in the arts of representation and The country's audiovisual sector, designated by the National Council of Cultures, Arts and Heritage. The Regulation shall determine the procedure for the appointment of the members of the juries referred to in points (a), (b), (c) and (d) of the second subparagraph. '2. Intercalase in Article 10, between the expressions' of Education 'and' and the Rector ', next: ", the Minister of Cultures, Arts and Heritage". 3. Interleave in article 14, between the expression "of Education" and the comma that follows, the phrase "or the Minister of Cultures, Arts and Heritage, as appropriate". 4. Add in the third paragraph of Article 16, following the expression "of Education", the phrase "or the Minister of Cultures, Arts and Heritage, as appropriate,". 5. Add in Article 24 the following point: "In the cases of the prizes referred to in Article 9a, the resources necessary to cover the corresponding expenses shall be consulted each year in the Public Sector Budget Law." Article 45.-Amend Law No 17.336, on Intellectual Property, as follows: 1. Replace in the second paragraph of Article 76 the expressions "of the Directorate of Libraries, Archives and Museums" and "the said Address", by " of the Service National of Cultural Heritage "and" said Service ", respectively. 2. Replace Article 90 with the following: " Article 90.-Create the Department of Intellectual Property Rights, which shall be responsible for the Registry of Intellectual Property and the other functions entrusted to it by the regulation. This body will depend on the National Cultural Heritage Service. " 3. Replace in article 94 the expression "Minister of Education" by "Minister of Cultures, Arts and Heritage". 4. Replace in the first paragraph of Article 95 the express on "Minister of Education" by "Minister of Cultures, Arts and Heritage". 5. Replace in article 96, the two times it appears, the expression "Minister of Education" by "Minister of Cultures, Arts and Heritage"; and the expression "Ministry of Education" by " Ministry of Cultures, Arts and Heritage ". 6. Replace in the second paragraph of Article 100a the expression "National Council of Culture and the Arts" by "Ministry of Cultures, Arts and Heritage"; and the expression "Ministry of Education" by " Ministry of Cultures, Arts and Heritage ". 7. Replace the words "to the Council of Culture and the Arts" in the ninth indent of Article 100b by "the Undersecretary of Cultures and the Arts". 8. Replace in the third paragraph of Article 102 the expression "Ministry of Education" by "Ministry of Cultures, Arts and Heritage". Article 46.-Amend Article 8 of Law No. 18,985, which establishes Rules on Tax Reform, which approves the text of the Law on Donations with Cultural Purposes, as follows: 1. In Article 1: (a) Replace in the second paragraph 1 the expression "the Directorate of Libraries, Archives and Museums" by "the National Cultural Heritage Service". (b) Replace in the numeral 3, the two times it appears, the expression " Minister President of the National Council of Culture and the Arts "by" Minister of Cultures, Arts and Heritage ". (c) The phrase "Ministry of Education, on the proposal of the National Council for Culture and the Arts", be replaced by the phrase "Ministry of Cultures, Arts and Heritage". 2. Replace in literal c) of the first indent of the Article 10 the expression "National Council of Culture and the Arts" by "Ministry of Cultures, Arts and Heritage". 3. Replace in Article 12, all the time it appears, the expression "National Council of Culture and the Arts" by "Ministry of Cultures, Arts and Heritage". 4. The expression "Ministry of Education", "Ministry of Cultures, Arts and Heritage", is replaced in the fifth paragraph of Article 17. Replace in article 19 the expression "National Council of Culture and the Arts" by "Ministry of Cultures, Arts and Heritage". Article 47.-Reposition in the first paragraph of the third transitional article of Law No 20,675, which amends the Law on Donations with Cultural Purposes, contained in Article 8 of Law No. 18,985, the expression " National Council of Culture and the Arts ", by" Ministry of Cultures, Arts and Heritage ". Article 48.-Amend Law No 19.227, which creates the National Fund for the Promotion of the Book and Reading, and modifies legal bodies which it points out in the following sense: 1. Culture and the Arts "by" Ministry of Cultures, Arts and Heritage ". 2. In Article 5: (a) First, the expression" Ministry of Education "is replaced by" Ministry of Cultures, Arts and Heritage ". (b) Substitute in the second subparagraph of (a) the following: "(a) The Undersecretary of Cultures and the Arts, who shall preside over him;" (c) Replace in the second subparagraph the literal (d) by the following: " (d) The National Director of the National Service of the Cultural Heritage, or its representative; "d) Remove in the fifth indent the reference to the letter" d) " and the comma following it. 3. Replace in Article 6 (c) the expression "President of the National Council of Culture and the Arts" by "Minister of Cultures, Arts and Heritage". Article 49.-Amend Law No. 19,928, on the Promotion of Chilean Music, in the following sense: 1. Replace, all times that it appears, the expression "National Council of Culture and the Arts" by " Ministry of Cultures, Arts and 2. Replace, all the times it appears, the expression "President of the National Council of Culture and the Arts" by "Undersecretary of Cultures and the Arts". Article 50.-Amend Law No 19,981, on Audiovisual Promotion, in the following sense: 1. Replace, all times that it appears, the expression "National Council of Culture and the Arts" by " Ministry of Cultures, Arts and 2. Substitute, all the times it appears, the expression "President of the National Council of Culture and the Arts" by "Undersecretary of Cultures and the Arts". 3. Delete in the final paragraph of Article 5 the sentence "and shall not receive remuneration for the performance of their duties". 4. Replace in Article 10 the expression "Minister of Education" by "Minister of Cultures, Arts and Heritage". Article 51.-Amend Law No. 19,891, which creates the National Council for Culture and the Arts and the National Fund for Cultural Development and the Arts, in the following sense: 1. Eliminate in the title of the law the expression " the National Council of the Culture and the Arts and ". 2. Derogase Title I, and Articles 1 to 27 that integrate it. 3. Following Article 27, the following headings are deleted:-"Title II of the Promotion of Culture, Arts and Cultural Heritage". -"Paragraph 1 of the National Fund for Cultural Development and the Arts". 4. Replace, all times in which it appears, the expression "National Council of Culture and the Arts" by "Ministry of Cultures, Arts and Heritage". 5. In Article 28: (a) Add in the first subparagraph, after the word "Reading", the phrase ", the law N ° 19,928, on the Promotion of National Music and Law No 19,981, on Audiovisual Promotion". (b) Intercalase, in its second indent, between the expression "public contest" and the point and the end, the following sentence: ", which will be formalized through the resolution of the Undersecretary of Cultures and the Arts". 6. Replace the words "to the Council" in Article 29 (2) with the words "to the Secretariat of Cultures and the Arts". 7. In the first paragraph of Article 30: (a) Remove the word "music" and the comma that happens to it, the words "and the audiovisual", the phrase "and the projects shall be evaluated by the Committees of Specialists.", and the sentence " From the results of this evaluation, the projects will be selected by juries. " (b) The following sentences shall be given in numeral 2: " Projects shall be evaluated by a Committee of Specialists. Based on the results of this evaluation, the projects will be selected by a jury. " c) Delete the numerals 3 and 4, passing the numerals 5 and 6 to 3 and 4, respectively. d) Eliminate in the number 5, which happens to be 3, the following sentences: " The projects will be evaluated by Committees of Specialists. From the results of this evaluation, the projects will be selected by juries. ". e) Eliminate in the number 6, which becomes 4, the expression", the cultural heritage ". 8. In the first paragraph of Article 31: (a) The expression "Ministry of Education" shall be replaced by the words "Ministry of Cultures, Arts and Heritage". (b) "6". (c) Replace the phrase "the selection and designation of the Expert Committees for the evaluation of the projects submitted to the Fund" by " the form, body and body to be carried out by the evaluation and selection processes, which shall be be carried out by specialists, all of which will ensure due impartiality, transparency and objectivity in the allocation of resources; the rules of inability, incompatibilities and the duty of abstention of the persons in charge of the assessment and selection, ". 9. Replace in Article 32 the words "The Council" by "The Ministry of Cultures, Arts and Heritage". 10. Replace in the first paragraph of Article 34 the phrase "general established in the preceding provisions and in the" by the phrase "defined by the Undersecretary of Cultures and the Arts and the". 11. Title III, and Articles 36 to 40, which make up it, are repealed. Article 52.-Replaced in the literal (i) of article 116 bis F of the General Law of Urbanism and Constructions, contained in the decree with force of law No. 458, of 1976, of the Ministry of Housing and Urbanism, the expressions " National Council of the Culture and the Arts "," the Council "and" its President "by the expressions" Ministry of Cultures, Arts and Heritage "," the Ministry "and" the Minister ", respectively. Article 53.-Replace in the literal h) of article 4 of Law No. 19,846, on the Qualification of Film Production, the expression "National Council of Culture and the Arts" by "Ministry of Cultures, Arts and Heritage". Article 54.-Amend article 1 of the decree with force of law No. 7.912, of the Ministry of the Interior, which Organizes the Secretaries of State, in the following sense: 1. In the numeral 19, replace the conjunction "y" and the comma that precedes it a semicolon. 2. In the numeral 20, replace the point and apart by the conjunction "y", preceded by a semicolon. 3. Add the following numeral 21: "21 ° Cultures, Arts and Heritage." Article 55.-Amend Law No 17.236, which attests to the Rules that favor the Exercise and Dissemination of the Arts, in the following form: 1. Reposition, all times that it appears, the expression "the Directorate of Libraries, Archives and Museums" by the 'the National Cultural Heritage Service'. 2. In the second paragraph of Article 2, replace the words 'that address' with 'that Service'. 3. Replace in the second paragraph of Article 6 the phrase "Ministry of Public Education" by "Ministry of Cultures, Arts and Heritage". 4. Replace in Article 7 the expr "Director of Libraries, Archives and Museums" by "National Director of the National Cultural Heritage Service", and "the Secretary-Advocate of the Directorate of Libraries, Archives and Museums" by "the Undersecretary of the Heritage". 5. In Article 9, the second paragraph of Article 9 replaces the term "such address" with "that Service". Article 56.-Reposition in literals (b) and (j) of Article 12 of Law No. 18,838, which creates the National Television Council, the expression "National Council of Culture and the Arts" by "Ministry of Cultures, Arts and Heritage". Article 57-Amending the decree with force of Law No 5,200 of 1929 of the Ministry of Public Education, in the following sense: 1. Grant the following title: " On national heritage institutions dependent on the National Service of the 2. The expression "the Director-General of Libraries, Archives and Museums" by "the National Director of the National Cultural Heritage Service" is set out in Article 2. 3. Delete Articles 1, 4, 5, 6, 7, 9, 10, 11,12, 13, 19, 20, 21, 22, 24, 26 and 28. 4. In the second paragraph of Article 8: (a) Replace the words "the General Directorate" with "the National Cultural Heritage Service". (b) Replace the expression "the Directorate-General", the second time it appears, by " the National Service of the Cultural Heritage ". 5. Replace in Article 15 the words "The Directorate General" for "The National Service of Cultural Heritage". 6. Delete in Article 16 the phrase "or object of the collections of the museums". 7. Replace in the first paragraph of Article 17 the words "the Director General" with "the official who subrogates it". 8. In Article 23, replace the expressions "provincial museums" with "regional museums", "Directorate General" for "National Cultural Heritage Service" and "supreme decree" for "National Director Resolution". Article 58.-Amend Law No 19.253, which establishes rules on the protection, promotion and development of indigenous peoples, and creates the National Indigenous Development Corporation, in the following sense: 1. Article 30 the expression "the Directorate of Libraries, Archives and Museums" by "the National Service of Cultural Heritage". 2. Substitute in the second paragraph of Article 8 transitory the expression " of the Directorate General of Libraries, Archives and Museums "by" the National Cultural Heritage Service ". Article 59.-Substitute Article 35 of Law No 20,079, which provides for the adjustment of remuneration for public sector workers, provides for the payment of compensation for family and maternity allowances, for family allowances and grants other benefits it indicates, the expression "President of the National Council of Culture and the Arts" by the phrase "Undersecretary of Cultures and the Arts". Article 60.-Replace Article 4 of Law No. 19.166, which amends Law No 17.336, on Intellectual Property, by the following: " Article 4.-The funds collected by the collective management entities of intellectual rights, other than distributed or not collected by their owners, within three years from their perception, will increase the resources that the Ministry of Cultures, the Arts and the Heritage to finance the Cultural and Cultural Funds annually Artistic. " Transitional provisions Article 1.-The President of the Republic shall be empowered to establish, within a period of six months from the date of publication of this law, by means of one or more decrees with force of law, issued through of the Ministry of Education, which must also be signed by the Minister of Finance, the rules necessary to regulate the following matters: 1. Set the date on which the Ministry of Cultures, the Arts and the Heritage, its sub-secretariats and the National Cultural Heritage Service. In addition, it will determine the date of the abolition of the National Council of Culture and the Arts and the Directorate of Libraries, Archives and Museums. 2. Set the staff plants of the Ministry of Cultures, Arts and Heritage, and the National Cultural Heritage Service, and dictate all the necessary norms for the proper structuring and operation of these. In particular, you will be able to determine the degrees of the Single Salary Scale that will be assigned to these plants and you will be able to establish the degree to which the charges will be created; the number of charges for each grade and plant concerned; the specific requirements for the entry and promotion of such charges; their denominations and hierarchical levels, for the purposes of the application of the provisions of Article 8 of Law No 18,834, on Administrative Regulations, the recast, coordinated and systematic text of which was fixed by the decree with force of law No. 29, 2004, of the Ministry of Finance. It may also determine the hierarchical levels for the purposes of applying the provisions of Title VI of Law No 19,882 in relation to the National Cultural Heritage Service. The number of charges referred to in Article 8 of Law No 18,834 shall be determined in the light of the relative importance and the volume of work to be carried out by the respective functions. 3. To determine the necessary rules for the application of the modernization assignment of Law No. 19,553, in its transitional application. In addition, it will set the standards for pigeonhole in plants. The selection of staff, either as a plant or a contract, shall be carried out by means of technical, impartial, transparent and appropriate procedures which ensure an objective assessment of their skills and merits, in accordance with the provisions of the the law. The above is without prejudice to the charges of exclusive trust that I pointed out the law. In the exercise of this power you can create, delete and transform charges. In addition, it will establish the number of charges that will be provided in accordance with the rules of pigeonings that will be established for the Subsecretariats of the Ministry of Cultures, Arts and Heritage and the National Cultural Heritage Service. You will also be able to point out the charges that will be provided according to the seventh and eighth transitional articles, establishing the graduality in which you will be able to start providing. In addition, the rules for the pigeonings of the plants of the Subsecretariat of the Cultural Heritage may include the officials who transfer to it. You will also be able to establish a graduality for the fixing of the initial grades of the National Cultural Heritage Service professionals plant, as well as the rules for the typecasting of the charges of those degrees. Changes of grade which are produced by the effect of the pigeonhole shall not be considered as promotion and the officials shall retain, as a result, the number of biennies and shall also maintain the length of stay in the grade for that purpose. 4. Determine the maximum allocation of the staff of the Subsecretariats and the National Cultural Heritage Service, in respect of which the limitation laid down in the second paragraph of Article 10 of Law No 18,834 on the Staff Regulations shall not apply. Administrative, whose consolidated, coordinated and systematized text was established by the decree with force of law No. 29, 2004, of the Ministry of Finance. 5. To provide, without a solution of continuity, the transfer of all the officials and officials of plant and contract, from the National Council of Culture and the Arts and the Directorate of Libraries, Archives and Museums, including the officials and officials who perform permanent duties at the Secretariat of the Council of National Monuments, the Ministry's sub-secretaries or the Service, as appropriate, who shall maintain at least the same degree as they had to date of transfer. In the respective decree with force of law that establishes the personnel plants, the way in which the transfer will be carried out will be determined and the number of officials or functionaries that will be transferred to each of the entities mentioned above, by (a) the legal status and quality of the process, and the time limit for this process to be carried out. The individualization of the past staff 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 Cultures, the Arts and the Heritage. 6. 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. 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 or 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 cannot mean the loss of the benefit of eviction. Nor may it be possible to import change from the usual residence of officials or officials outside the the region in which they are providing services, except for their consent. If the official or official expresses her willingness to remain in the same region of her habitual performance, she shall maintain the same or similar function or other similar or relevant administrative profession. (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. Transfer, as appropriate, the goods to be determined, from the Directorate of Libraries, Archives and Museums to the National Cultural Heritage Service or the Secretariat of Cultural Heritage, and from the National Council of Culture and the Arts, to be destined for the Ministry of Cultures, Arts and Heritage. 9. For the dictating of the decrees with force of law in accordance with this article, the authority shall take cognizance of the opinion of the national entities that group the associations of officials of the National Council of Culture. and the Arts, and the Directorate of Libraries, Archives and Museums. Article 2.-As long as the Welfare Services of the Ministry of Cultures, Arts and Heritage and the National Cultural Heritage Service are not constituted, all of its officials and officials may join or continue members of their current welfare services. The officials and officials of the National Council of Culture and the Arts and the Directorate of Libraries, Archives and Museums that are transferred to the Ministry of Cultures, Arts and Heritage, or the National Heritage Service Cultural, they will retain their affiliation to the associations of officials of the designated services. Such affiliation shall be maintained until the subsecretariats of the Ministry of Cultures, Arts and Heritage, or the National Cultural Heritage Service have constituted their own association. However, after two years of the entry into force of the decree with force of law referred to in the first transitional article, the only ministry of the law will cease its affiliation to the associations of officials of the institution of origin. Article 3.-The President of the Republic, by decree issued through the Ministry of Finance, will make up the first budget of the Ministry of Cultures, Arts and Heritage, and the National Cultural Heritage Service, and may create, delete or modify the relevant chapters, programmes, allocations, items and budget glosas. Article 4-Persons contracted in accordance with the rules of the Labour Code and its accompanying provisions, which at the date of entry into operation of the institutions referred to in the first transitional article 1 perform in the Chamber Orchestra of Chile, the National Folk Ballet, and the guards of the Directorate of Libraries, Archives and Museums, will be transferred to the institution that in each case corresponds, without altering the rights and obligations emanated from their contracts, which will maintain their validity and continuity in the institution to which they are transfer. Article 5.-The persons who, at the date of entry into operation of the National Cultural Heritage Service in accordance with the provisions of the first transitional article 1, are fulfilling the function of the directors of the institutions national assets under which this law is dealt with, will continue to fulfil that function and charge up to the end of the period of his appointment, unless he voluntarily resigns. Article 6-The pigeonings of the plant management, professional, technical, administrative and auxiliary plants of the Secretariat of Cultures and the Arts and the National Cultural Heritage Service will be subject to the conditions to be established in the law or decrees with force of law to fix their plants, and it is possible to consider internal competitions of antecedents, in vacant posts, in which the officials may participate to contracts assimilated to the plant and that in this quality they have been performed without a solution of continuity by the number minimum number of years defining the law or decrees with force of law referred to in the first transitional article. The officials mentioned in the previous paragraph will be in charge of equal degree to the one they had at the date of the pigeonhole. 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. The law-force decrees referred to in the first transitional article will define the factors which, at the very least, will consider the contest, the integration of the selection committee and will also be able to establish the other norms for the realization of the same. In addition, the law or the decrees with force of law will determine the degree to which those officials may be encased to contracts that they have experienced improvement of the remuneration at the time that they determine the decree or decrees with force of law. The provision of the vacant positions of each plant shall be made, in each grade, in descending order, according to the score obtained by the applicants. Article 7.-After the completion of the process of pigeonding in the plants of career, professional, technical, administrative and auxiliary managers referred to in the first and sixth transitional articles in the National Service Cultural patrimony, the provision of the charges in the plants mentioned above which establish the law or decrees with force of law mentioned in the first transitional article will be carried out by means of internal competitions in which the officials of the respective plant that meet the requirements for the performance of the (a) to be appointed and to be appointed in the lower grades than that of the convened vacancy defining the law or decrees with force of law referred to in the first transitional article. The bases of the internal competitions referred to in this article shall consider the factors which, at the very least, establish the law or decrees with force of law mentioned in the first transitional article. The institution will determine them beforehand and establish how they will be weighted. The provision of the vacant positions of each plant shall be made, in each grade, 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. In case of continued equality, the service will be considered as seniority and, in the event of equality, the National Director of the National Cultural Heritage Service will decide. The vacancies that are generated as a result of the provision of the charges referred to in the first subparagraph shall be provided, if possible, in an act followed, as part of the same contest and following the same rules. The internal competitions referred to in this Article shall be governed by the rules establishing the law or decrees with force of law referred to in the first transitional article and, where appropriate, by those contained in Articles 53 and 55 of the Treaty. Decree of Law No. 29 of 2004 of the Ministry of Finance, which fixes the consolidated, coordinated and systematized text of Law No. 18,834 on Administrative Statute. Article 8.-After the completion of the process of pigeonage in the plants of career, professional, technical, administrative and auxiliary managers referred to in the first and sixth transitional articles in the Subsecretariat of the Cultures and the Arts, the provision of the charges in the plants mentioned above that establishes the law or decrees with force of law mentioned the first transitory article will be carried out by internal competitions in which the plant and contract officials who have performed in this quality with no continuity solution for the minimum number of years that he or she defines the decrees with force of law referred to in the first transitional article and which meet the requirements for the performance of the respective charge. The bases of the internal competitions referred to in this article shall consider the factors which, at the very least, establish the law or decrees with force of law mentioned in the first transitional article. The institution will determine them beforehand and establish how they will be weighted. The provision of the vacant positions of each plant shall be made, in each grade, 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. In case of continued equality, the service will be considered as seniority and, in the event of maintaining equality, the Undersecretary of Cultures will decide. The internal competitions referred to in this Article shall be governed by the rules establishing the law or decrees with force of law referred to in the first transitional article and, where appropriate, by those contained in paragraph 1 of Title II. of the decree with force of law No. 29, 2004, of the Ministry of Finance, which the consolidated, coordinated and systematized text of Law No. 18,834 on Administrative Staff Regulations. Article 9.-The greatest tax expense that the application of this law means in its first financial year will be financed from the resources transferred to the Ministry of Cultures, the Arts and the Heritage, compliance with the provisions of the transitional third article. Notwithstanding the foregoing, the Ministry of Finance, under the budget heading Treasury, may supplement that budget in the part of the expenditure that cannot be financed from such resources. " 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, 13 October 2017.-MICHELLE BACHELET, President of the Republic.-Adriana Delpiano Puelma, Minister of Education.-Macarena Lobos Palacios, Minister of Finance (S).-Gabriel de la Fuente Acuña, Minister Secretary General of the President.-Ernesto Ottone Ramírez, President of the National Council for Culture and the Arts. What I transcribe to you for your knowledge.-Atacently, Valentina Karina Quiroga Canahuate, Assistant Secretary of Education. Constitutional Court Draft law establishing the Ministry of Cultures, Arts and Heritage, corresponding to Bulletin No. 8.938-24 The Secretary of the Constitutional Court, who subscribes, certifies that the Honorable Chamber of Deputies the draft law enunciated in the rubric, approved by the National Congress, in order to have this Court exercise the preventive control of constitutionality with respect to Article 4 (e), of the third indent of Article 10, of the Articles 16, 17, 18, 19, 20 and 41, and Article 51, number 2, of the draft law referred to and, which is Magistrate, by judgment of October 5, 2017, in the process Role Nº 3.785-17-CPR. It resolves: 1 °. That the provisions contained in Articles 4 (e); 10, first, third and fourth, point (d); 16, 17, 18, 19, 20, and 51 N ° 2 of the bill submitted by the National Congress, are not contrary to the Political Constitution. 2 °. That the provisions contained in Articles 17, 14, and 20, No. 8, of the bill submitted by the National Congress, are not contrary to the Political Constitution, in the understanding that the reference they make to the law must be considered made to a constitutional organic law. 3 °. That no pronouncement is issued, in preventive examination of constitutionality, with respect to the provision contained in article 41 of the draft law referred to, for not dealing with matters of constitutional organic law. Santiago, October 5, 2017.-Rodrigo Pica Flores, Secretary.