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METHOD FOR TAKING RACE "N AND ELECTRONIC RECORDING"

Original Language Title: PROCEDIMIENTO DE TOMA DE RAZÓN Y REGISTRO ELECTRÓNICOS

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LAW NO. 20,766 PROCEDURE FOR THE TAKING OF REASON AND ELECTRONIC REGISTRATION Having regard to the fact that the National Congress has given its approval to the following Bill: " Single article. establishes the organization and powers of the Comptroller General of the Republic, whose coordinated, systematized and recast text was established by the Supreme Decree No. 2,421 of the Ministry of Finance, 1964, the following: " Article 10 A. and the registration may be carried out through techniques, means and procedures that consider the employment of electronic documents and signatures. The Comptroller General shall establish, by resolution, the administrative acts whose taking of reason or record may be effected electronically and the services which, prior to the agreement, shall subject such acts to such processing. It shall also determine the means of verification and the manner in which the legal requirements specified by the administrative acts referred to above are complied with. It shall also provide the type of communication, forms and other matters requiring electronic registration or reason, and may include for certain acts automated systems which perform them. The electronic registration and the electronic registration shall comply with the technical regulations established pursuant to the provisions of Article 10 of Law No. 19,799, on electronic documents, electronic signatures and certification services of that firm. Article 10º B. For the purpose of the taking of reason or registration using electronic signatures, the requirements to be met by the administrative acts shall be verified by online consultation of records or data banks enabling their processing. If the online consultation referred to in the preceding paragraph is not possible, the existence of a record of compliance with those requirements shall be verified and certified by the Minister of Faith designated for these purposes by the respective top head of the service. The corresponding verifications and certifications by the Minister of Faith shall be carried out and the aforementioned records shall be digitised and incorporated into the appropriate electronic registration or registration procedure. The Minister of Faith who certifies a non-existent, notoriously false or illegible background, or those who lack the legal requirements or formalities for their validity, shall incur administrative responsibility for a serious infringement of the principle of probity, without prejudice to the relevant criminal liability. In the case of the requirement laid down in Article 12 (c) of Law No 18,834, the person concerned shall be presumed to comply with the certificate issued by an institutional health provider within 60 working days. following the electronic record of the respective administrative act. The minister of faith of the service must certify the fulfilment of this obligation, and must be filed both certificates together with the rest of the records that make up the file, physical or electronic, if applicable. After the period laid down without the previous obligation being met, the service shall leave the relevant administrative act without effect. Without prejudice to the foregoing, the Comptroller-General, upon a decision founded and in existence of exceptional situations that merit it, may require that any of the acts be sent to him, on paper or on paper, subject to electronic processing or their background. Article 10º C. In the process of taking a reason or electronic registration by means of electronic signatures, the service must keep the documents or official certificates that were digitized for these documents on paper. effects, being able to keep them exclusively in digital support when they conform to the current regulations on the digitisation of documents. In exceptional cases, the Comptroller General may provide that a given service may keep the records mentioned in the preceding paragraph on paper. Article 10º D. Without prejudice to the use of electronic reason or registration, the Comptroller General may, in the exercise of his or her duties, subsequently carry out the background check of the administrative acts submitted to this system of electronic processing. TRANSITIONAL PROVISIONS Article 1.-This law shall enter into force on the first day of the month following its publication in the Official Journal, without prejudice to the following Article. Article 2.-Since the entry into force of this law, all the organs of the State Administration shall carry out the procedure for the registration of administrative acts in matters of personnel, exempt from the taking of reason, through the System of Information and Control of Personnel of the State Administration (SIAPER), web platform of the Comptroller General of the Republic. For their part, the administrative acts in matters of personnel affected to the control of the legality of the aforementioned audit entity, will be dealt with by the said system, and the organs of the administration will be submitted to it within the deadline not more than two years after the entry into force of this law. " Having complied with the provisions of Article 93 (1) of the Constitution of the Republic of the Republic, and because I have had to approve and sanction it; therefore, promulgate and take effect as the Law of the Republic. Santiago, 11 July 2014.-MICHELLE BACHELET, President of the Republic.-Exxima Rincon González, Minister General Secretary of the Presidency. What I transcribe to you for your knowledge.-Salute atte. Mr Patricia Silva Melendez, Deputy Secretary-General of the Presidency. Constitutional Court Draft law on the procedure for the taking of reason and electronic registration, contained in Bulletin No. 9173-07 The Secretariat of the Constitutional Court, who subscribes, certifies that the Honorable Chamber of Deputies sent the Draft law enunciated in the rubric, approved by the National Congress, in order for this Court to exercise the preventive control of constitutionality of the same and by judgment of 1 July 2014, in the cars Role No. 2672-14-CPR, is declared: 1. That the rules contained in Article 10º A that the draft law submitted to control adds to Law No. 10,336, Organization and Privileges of the Comptroller General of the Republic, are constitutional. 2. That no pronouncement is issued, in preventive examination of constitutionality, in respect of the provisions contained in articles 10º B, 10º C, 10º D and first and second transients of the bill under analysis, because they Precepts do not refer to matters of constitutional organic law. Santiago, July 1, 2014.-Marta de la Fuente Olguin, Secretaría.