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IT CREATES THE STATE UNIVERSITIES OF THE REGIA "N DE O ' HIGGINS AND THE REGIA" N OF AYSAEDN

Original Language Title: CREA LAS UNIVERSIDADES ESTATALES DE LA REGIÓN DE O'HIGGINS Y DE LA REGIÓN DE AYSÉN

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LAW NO. 20,842 CREATES THE STATE UNIVERSITIES OF THE REGION OF O 'HIGGINS AND THE AYSEN REGION Having present that the H. National Congress has given its approval to the following Bill: " Title I of the Universities of O' Higgins and of Aysen Article 1.-Create the University of O ' Higgins, as a legal person of autonomous public law, functionally decentralized, with legal personality and own patrimony. The university will have its domicile and will develop its activities, preferably in the Region of the Liberator General Bernardo O ' Higgins and will relate to the President of the Republic through the Ministry of Education. Article 2.-Create the University of Aysen, as a legal person of autonomous public law, functionally decentralized, with legal personality and own patrimony. The university will have its domicile and will develop its activities, preferably in the Aysen Region of General Carlos Ibanez del Campo and will relate to the President of the Republic through the Ministry of Education. Title II Common Provisions Article 3.-Each time the expressions "the university" or "the universities" are used in this law, these expressions shall be understood as referring to the University of O ' Higgins and the University of Aysen, interchangeably. Article 4.-The University of O ' Higgins and the University of Aysen are institutions of higher state education, which assume with a vocation of excellence the formation of persons in view of their spiritual and material development, and the contribution The main part of its institutional mission is the cultural, material and social development of the Region of the Liberator General Bernardo O ' Higgins and the Aysen Region of General Carlos Ibanez del Campo, respectively. In addition, they provide for the incorporation of students from the respective regions, considering the specific needs of each area, through, for example, special income programmes, which can be established in the regulations university. They fulfill their work through the carrying out of teaching, research, creation and bonding functions with the own means of university work, in the areas of knowledge and domains of culture that their strategic orientations define. They can also engage in development and training in technical disciplines and training. Article 5.-It is principles that guide the work of the university the freedom of thought and expression; freedom of professorship and association; pluralism; the participation of its members in the institutional life; the reflexive attitude, dialogue and criticism in the exercise of intellectual tasks; academic excellence; equity and the valuation of merit as criteria for admission to the university, promotion and egress of it, and the formation of people in view of their development spiritual and material, ethical, civic, respectful of the environment and human rights and of social solidarity. Article 6.-In the performance of their duties, the university may grant all kinds of academic degrees, professional and technical degrees; technical certifications for the training they perform, as well as other certifications. their own not to be conducive to degree or degree. Article 7.-The rector of the university is his highest authority and his legal representative, and he is a member of the Board of Rectors as a member of the decree with force of law Nº2, 1985, of the Ministry of Education. Article 8.-The university's patrimony will be constituted by: a) The contributions that the Public Sector Budget law assigns to you and other laws grant you. (b) The amounts that he receives for tuition, duties, rights of examinations, certificates, stamps and applications to the university, and any kind of extraordinary fees to be paid by his students. (c) the revenue it receives from the services it provides. (d) movable and immovable property, body or incorporated, which is transferred or acquired to any title. e) The fruits, incomes and interests of their goods and services. (f) the intellectual and industrial property which it generates and the rights derived therefrom. g) The inheritances or legacies that you accept, which you should always do with the benefit of inventory. Such hereditary allowances shall be exempt from any kind of tax and any charge or payment affecting them. (h) donations which it accepts, which shall be exempt from the innuendo and any kind of tax or levy affecting them. Article 9º.-The staff of the university shall have the quality of the public employee and shall be governed by the status of the university, the special regulations, if any, and, in addition, by the general rules applicable to civil servants. In accordance with its statutes, the university may fix and modify the plant of all its staff. The remuneration of the staff of the universities shall be determined according to the organic rules of each of them. Article 10.-It will be academic of the university who have an existing appointment and an academic hierarchy. A general regulation, approved in accordance with the provisions of the university statute, will determine the rights and duties of the academic staff, regulate their hierarchical order and the forms of income, hierarchization, qualification and permanence. Article 11.-The university shall be exempt from any tax, contribution, fee, fee, patent and other charges or taxes. It shall also have the power to create, organise and associate with other natural or legal persons, foreign or international, companies, corporations or foundations whose objectives correspond to or complement those of the university, providing them with funds from their heritage. These operations may not directly or indirectly compromise the credit or financial responsibility of the State, its agencies, regional governments and municipalities. Title III Final Provisions Article 12.-Intercalase in the first paragraph of Article 99 of Law No 18,681, between the words "Valparaiso," and "University" the phrase "University of O ' Higgins, University of Aysen,". Article 13.-Replace, in the first article of the decree with force of law Nº4, 1981, of the Ministry of Education, which sets rules on financing of universities, the word "state" by "State", and the copulative conjunction "and", which follow the guarism "1980", by a comma; and add, following the word "derive", the following phrase "and from those created by law". Transitional provisions Article 1.-The President of the Republic shall be empowered to, within a period of one year from the date of publication of this law, by means of one or more decrees with force of law issued through the Ministry The Ministry of Education, which must also be subscribed by the Minister of Finance, will dictate the statutory rules governing the organization, the powers and the functioning of the University of O ' Higgins and the University of Aysen. Article 2.-For the purposes of the above article, within the first two hundred and ten days of the period laid down therein, the rector of the respective university shall submit to the Ministry of Education the draft statute of the university, which shall have the agreement of the university of the tutor referred to in the fourth transitional article of this law and shall contain at least the provisions relating to: (a) The government of the university, the procedures for the designation and removal of its government and administration authorities, and the form of integration of the collegiate bodies, as well as the fundamental attributions that correspond to other, which may be specified by means of regulation or other legislation which is in effect. The rector shall be appointed by supreme decree issued through the Ministry of Education in accordance with the provisions of the Staff Regulations. b) The requirements for postulating, assuming and, or exercising certain positions and functions. (c) The fundamental rules or mechanisms of academic and institutional evaluation. (d) the essential academic and administrative structure of the university, as well as the procedures for creating, modifying and eliminating all or part of its academic structure, plans, programs and careers, and for awarding academic degrees and degrees professionals and technicians that these carry and the other certifications that correspond. e) The rules for setting and modifying the plant of all university staff. (f) The procedure for fixing and amending the rules under which the remuneration of all university staff shall be determined. (g) The rules for fixing and amending the general rules of academic and other staff of the university, if applicable. (h) The procedure for the preparation of their budgets and the bodies responsible for their approval and management. (i) The procedure for proposing amendments to the statutes, which shall in any case be approved in accordance with the law. (j) The manner in which the university will provide advisory services and consultancies to third parties, safeguarding the interests of the State. k) The authorities of the university who will possess the quality of the minister of faith. (l) The date on which it will commence its activities. (m) The procedure for the elaboration and approval of its institutional development project. Article 3.-By means of a supreme decree issued through the Ministry of Education, the President of the Republic shall appoint, within thirty days of the publication of this Law, the first rector of the university, form e -to be hired. The rector, who must have a recognized academic career and with knowledge of the region in which the university is located, will last four years in office, after which the choice of the rector will proceed according to what is establish in the statutes of the university. The President of the Republic shall also dictate the rules necessary for the functioning of the university until the publication of its statutes. The rector will have to consider the participation of the regional community in the elaboration of the draft statutes of the university, for which it will be able to create councils integrated by prominent personalities of various fields at regional, national level and international. From his appointment and until the publication of the statutes of the university, the President of the Republic may, for sound reasons, remove the rector. In such a case, he will appoint a new rector for the period that would have restored him. Article 4.-A university of the State, institutionally accredited for at least four years in accordance with Law No 20.129, which shall be defined by the Ministry of Education by supreme decree, dictated within thirty days from the date of the publication of this law, tutelara and accompany each university until it obtains the institutional accreditation that regulates the aforementioned law, or the instrument that replaces it. To be elected as such, the university will have to present a mentoring plan that includes a comprehensive strengthening of the institutional activities and the gradual completion of their tasks once they have fulfilled their task. It will have a role of support and accompaniment to the entire academic community, which will translate into specific actions made at the request of the rector of the new university. The reports or proposals emanating from that will always be a non-binding recommendation for the new university. The new university must undergo, within a maximum period of seven years from the appointment of the first rector, the accreditation process established by law Nº20.129, or the instrument to replace it. If the accreditation is not obtained, a provisional administrator may be appointed, according to law Nº20,800. However, the university will undergo an evaluation of its institutional management within four years of the appointment of the first rector. This evaluation will be carried out by the National Accreditation Commission, or the body that replaces it, and will consider as quality criteria, among others, the existence of at least one academic program that will allow its students to continue studies in other institutions of higher education, and of an undergraduate program that is fully developed in the region and that has relevance to regional potentials. The conclusions of this evaluation will be able to recommend the implementation of measures, such as the change of the university. Article 5.-By means of a supreme decree of the Ministry of Finance, endorsed by the Minister of Education, the amount of the resources of the tax contribution referred to in article 2 of the decree with force of law Nº4, 1981, of the Ministry of Education, which will be the responsibility of the new universities to have the year in which they begin their academic activities. The amount of this contribution may not be less than 50% of the average of what was received for this concept in the previous year by the universities of the State not domiciled in the Metropolitan Region. This contribution will be delivered to the universities in proportion to the number of months of the year in which these activities are carried out. From the year following the year in which they begin their academic activities, the universities will participate in the tax contribution indicated in the previous paragraph, determining the amount of the resources allocated to them, in the form established in the Article 2 of the decree with force of law Nº4, 1981, of the Ministry of Education. The amount of the tax contribution referred to in this article, which corresponds to these universities, will increase the tax contribution that, according to the Public Sector Budget law, corresponds to the currently existing universities. However, the Ministry of Education will be required to give the Special Joint Committee on Budgets a semi-annual account of the use of the resources mentioned in the previous points, and the progress of the accreditation process should also be reported. institutions of the universities in accordance with the law Nº20.129, or the instrument that replaces it. Article 6-The largest tax expense that the application of this law implies in its first year of validity will be financed from the budget of the Ministry of Education and, in what will be missing, from the resources of the Partida 50 Treasury And because I have had to approve and sanction it; therefore, promulgate and take effect as the Law of the Republic. Santiago, 3 August 2015.-MICHELLE BACHELET, President of the Republic.-Adriana Delpiano Puelma, Minister of Education.-Rodrigo Valdés Pulido, Minister of Finance. What I transcribe to you, for your knowledge.-Atacently, Valentina Karina Quiroga Canahuate, Assistant Secretary of Education.