LAW NO. 20,686 CREATES THE MINISTRY OF SPORT Having present that the H. National Congress has given its approval to the following Bill: " TITLE I Of the Ministry of Sport Paragraph 1 Nature and functions Article 1 °.-Create the Ministry of Sport Sport, which will be the top organ of collaboration of the President of the Republic in matters related to the National Policy of Sport. Article 2 °.-Corresponding especially to the Ministry of Sport: 1) Propose and evaluate the National Sports Policy and general plans in sports matters and report periodically on their progress and compliance. 2) Formulate programs and actions aimed at the development of the physical and sporting activity of the population. Likewise, to formulate programs and actions, with this same object, destined to the sport of high performance. 3) Coordinate the actions related to the sport that the Ministries and the public services develop in their respective fields of competence, considering the different regional and communal perspectives in their implementation. 4) Report to the Ministry of Education the relevance of the plans and programs of the sector of learning of Physical Education, Sports and Recreation with the design of policies for the improvement of the quality of the training for the sport and the sports practice in the educational system, at all levels. 5) Establish mechanisms to promote the implementation of sectoral interest programs, with public and private organizations. 6) To study and propose to the President of the Republic legal, regulatory and administrative initiatives conducive to the promotion and development of sports activities and, in general, all other types of norms and initiatives that tend to improve the the development of physical education and sport. 7) Define strategies to disseminate values, ideals and knowledge related to physical activity and sport, and to the incentive of their permanent and systematic practice in all sectors of the population. (8) Propose the preventive rules for the practice of sport, the prevention of doping and all matters related to the physical and mental health of athletes, requiring their approval by the Ministry of Health. 9) Administer a Sports infrastructure cadastre at national and regional level, distinguishing those whose construction, repair, maintenance or administration is financed totally or partially with public resources. 10) Report to the Ministry of Social Development, at its request, whether the investment initiatives in sports infrastructure, subject to evaluation, are consistent with the national policy of sports infrastructure, and about the availability of venues for the practice of sport in the territorial sector of each of these initiatives. 11. To participate in international cooperation programs in sports matters and to act as a national counterpart in bilateral or multilateral agreements and agreements on such matters. 12) Recognize for the programs of its sector and for all other legal effects, a physical activity as a specialty or sports modality. 13) Propose programs and plans to promote the sports practice of people in the process of rehabilitation for drug addiction and alcoholism in specialized institutions, persons with disabilities, persons deprived of liberty in precincts penitentiary and the lower age population considered to be in a situation of social risk which is under the care or protection of bodies dependent on the Ministry of Justice or private charitable institutions. 14. To execute the actions and to exercise the powers necessary for the fulfilment of the purposes that the law assigns to it, being able to the effect to conclude agreements with natural or legal persons, national or foreign, of public law or private. 15) Develop, implement and disseminate research and research programmes and methodology on the different sports modalities and on the physical activity of the population. 16) To ensure compliance with the sectoral policies by the National Sports Institute of Chile, assign resources to it and supervise its activities. 17) In general, fulfill and exercise the privileges entrusted to it by the law. Paragraph 2 of the organization Article 3 °.-The organization of the Ministry shall be as follows: 1. The Minister of Sport. 2. The Deputy Secretary of Sport. 3. The Ministerial Regional Secretariats. A regulation will determine the thematic distribution in the divisions of the Ministry, in accordance with the law Nº 18,575, constitutional organic of General Bases of the State Administration, whose text recast, coordinated and systematised has been fixed by the decree with force of law No. 1, 2001, of the Ministry General Secretariat of the Presidency. In the Metropolitan Region, the provisions of Article 26 of Law No. 18,575, a constitutional organ of General Bases of the State Administration, whose consolidated, coordinated and systematized text was established by the decree with force of law N ° 1, 2001, of the Ministry's Ministry of General Secretariat. Article 4 °.-The Ministry of Sport shall be responsible for the Ministry of Sport, in accordance with the policies and instructions provided by the President of the Republic. In the exercise of his powers, the Minister of Sport will have the immediate collaboration of the Deputy Secretary of Sport. The Subsecretariat of Sport will be the collaboration organ of the Minister in the exercise of the functions that are competent to the Ministry within the field of sport. The Undersecretary of Sport will subrogate the Minister in the first order, will be in charge of the administration and internal service of the Ministry and will coordinate the action of the Ministry with the National Institute of Sports of Chile. Article 5 (3)-Staff of the Ministry of Sport will be affected by the provisions of the decree with force of law No. 29, 2004, of the Ministry of Finance, on Administrative Statute, which fixes the recast text, In the case of a coordinated and systematised law No 18,834 and, in the field of remuneration, the rules of Decree Law No 249 of 1974 and its supplementary legislation. Paragraph 4 ° Of The National Council of Sport Article 6 °.-The Ministry will have a National Council, which will be composed of the following members: a) The Minister of Sport, who will preside. b) Two councilors appointed by the Plenario de Federaciones del Comité Olimpico de Chile. c) Two members appointed by the President of the Republic, on a proposal from the national sports organizations not affiliated with the Chilean Olympic Committee, which will be convened by the Minister of Sport for this purpose. (d) Two members appointed by the President of the Republic who are persons of outstanding career in the field of sport. e) A counsellor appointed by the President of the Republic, on a proposal from the institutions of higher education of professionals and technicians of physical education and sport, which will be convened by the Minister of Sport for this purpose. (f) A counselor appointed by the President of the Republic of the sciences or health. (g) Two members appointed by the President of the Republic, on a proposal from the Association of Municipalities, which he will determine among the most representative at the national level, one of which will have to be from a region other than the Metropolitan. (h) A counselor designated by the business organization of the business organization that the President of the Republic determines among the most representative at the national level. (i) Two members appointed by the trade union central office that the President of the Republic determines among the most representative at the national level. (j) A counselor appointed by the President of the Republic of the National Defense Sports Confederation, on the proposal of the Minister of National Defense. For the purposes of determining the entities referred to in points (g), (h) and (i), the President of the Republic shall make a supreme decree, issued through the Ministry of Sport, at least thirty days before the date of the decision. in which the respective designations are to be made. The members of the Council, with the exception of their president, will last four years in their posts, being able to be appointed for up to two new periods, and will be renewed by halves, every two years. For these purposes, the integration of the Council will be formalized by supreme decree of the President of the Republic, issued through the Ministry of Sport. The vacancies that occur will be filled and formalized according to the provisions of the previous incites, and will be extended only for the time that restates to complete the period of the counselor that provoked the vacation. The exercise of the position of adviser shall be ad honorem and incompatible with any managerial position of sports organisations. The quality of the Board member is lost to any of the following grounds: (i) Voluntary resignation. (ii) Unjustified inassistance to three consecutive ordinary sessions of the Council, or to five alternate sessions. (iii) Have been sentenced to a crime or a simple crime. (iv) Haber has been appointed in an incompatible position. Article 7 °.-The National Council shall be responsible for advising, consulting and producing reports and initiatives at the request of the Minister for the best performance of the functions referred to in Article 2. In the performance of its work, the National Council shall consider the observations or proposals of the Councils referred to in paragraph 6 of Title II of Law No 19,712. TITLE II Amendments to the Law No. 19.712, of the Sport Article 8 °. -Enter the following amendments in law No 19.712: 1) In your article 5 °: a) Replace, in the third indent, the expression "of the respective Ministerial Regional Secretariat" by "the Ministry of Sport". (b) Replace, in the Fourth, the expression "National Institute of Sport of Chile" by "Ministry of Sport". 2) In its article 10: a) Reposition, in the first paragraph, the expression "General Secretariat of Government" for "of the Sport", and add the following final sentence: " The Institute shall be affected by the System of High Public Direction, established in Title VI of the Law No. 19.882. ' (b) The third subparagraph shall be deleted. (3) In Article 11, the expression "propose" should be replaced by "execute". 4. in Article 12: (a) To implement the policies for the development of physical activity and sport in its various forms, in coordination with the sporting organisations, the municipalities and the other (b) To implement the strategies aimed at disseminating the values, ideals and knowledge relating to physical activity and sport, and to encourage their practice, by encouraging their practice, permanent and systematic in all sectors of the population; '. (c) See points (d) and (f) above. (d) To replace point (h) by the following: " (h) Act as a technical unit of other public bodies in the construction of sports facilities and facilities, all functions to be fulfilled in the terms laid down in the Article 16 of Law No 18,091. It shall also be responsible for promoting the modernisation and development of the national sports infrastructure, as well as the efficient management of the installed capacity; '. (e) First subparagraph (i) (f) (m) be replaced by the following: " m) To be linked to national bodies and, in general, to any institution or person whose objectives relate to matters falling within its competence and to conclude agreements with them in order to implement projects or actions of common interest; (p) and (q). (h) In point (s), the expression 'No 2) of the'. (5) Subparagraph 3 of Title II. (6) First subparagraph, in the first paragraph of Article 19, the sentence "and shall have the rank and powers of the Deputy Secretary". 7) In Article 20: (a) Replace, in point (d), the term "agreement of the National Council" (g) Give an annual public account of the memory and balance sheet of the preceding financial year; (d) Subparagraph (h) and (i). (8) Reposition, in Article 21, the words "on the basis of a proposal from the respective Regional Intendant." for the following: "in accordance with the procedure laid down in Title VI of Law No 19,882." (9) Reposition in Article 22 (a), the expression "policies and goals" for "actions to be implemented". (10) Article 23 (b) is replaced by the following: "(b) Propose to the National Director the plan of activities and investments of the region, as well as the annual budget required for its financing;". 11. Article 26 the expression "Subsecretariat of War" by "Subsecretariat for the Armed Forces". 12) Reposition, in the third indent of Article 44, the phrase "National Council of the Institute, on the proposal of its National Director" by " Ministry of Sport. ' 13. In Article 49, second indent, the expressions "Institute" by "Ministry of Sport" and "Regional Directorate" by "Ministerial Regional Secretariat". 14) Reposition, in the final paragraph of Article 51, the phrase " ministry (15) Reposition, in the final paragraph of Article 68, the phrase "National Council of the Institute, on the proposal of its Director" by "Ministry of Sport". 16) Reposition, in Article 69, the expression "Institute" by "Ministry of Sport". (17) In Article 70: (a) Reposition, in the first indent, the expression "Institute" by "Ministry of Sport". (b) Replace, in the second indent, the phrase "sportsman of outstanding trajectory, designated by the President of the Republic" by " representative of the Minister of the Sport, designated by the latter, who will preside over it. " (18) Reposition, in Article 71 (e), the phrase "National Director of the Institute" by "Minister of Sport". 19) Replace, in the third indent of Article 79, the phrase "Education" by "of the Sport, who shall preside over it". TITLE III Amendments to Law No. 19,882, which regulates new personnel policy to public officials indicating Article 9 °.-Substitute, in the article thirty-sixth of Law No. 19,882, the phrase "National Institute of Sports of Chile,". TITLE IV Amendments to Law No. 19,863, on the remuneration of Government authorities and critical posts of the Public Administration and gives rules on reserved expenses Article 10.-Replace Article 1 (f) of Law No 19,863 by the following: " f) Director of the National Women's Service: 135% of this remuneration, who does not shall be entitled to receive the amounts referred to in the following paragraph. '; TRANSITIONAL PROVISIONS Article 1.-The President of the Republic shall be empowered to establish, within a period of one year from the date of publication of this law, one or more decrees with force of law, issued through the Ministry General Secretariat of Government, which must also be subscribed by the Minister of Finance, the necessary rules to regulate the following subjects: 1) Set the staff plant of the Ministry of Sport. The pigeonhole in this plant will only be considered by the National Sports Institute of Chile. 2) Dispose, without solution of continuity, the transfer of plant-holders and contracts to the Ministry of the Sport, from the National Sports Institute of Chile. The transfer of the staff, and the charges they serve, will be carried out in the same degree and legal quality as they had at the date of the transfer. In the same way, it will transfer the budgetary resources that are released by this fact. At the same time, the position of the official who was transferred shall be deemed to be abolished in full at the plant of the institution of origin. Likewise, the maximum staff of the National Sports Institute of Chile will be reduced in the number of officials transferred. In the respective decree with force of law that establishes the plant of personnel, the number of officials will be determined that they will be transferred by the law and legal quality, establishing in addition the period in which this process will be carried out. The individualization of the staff transferred and pigeonholed when appropriate, will be carried out through decrees issued under the formula "By Order of the President of the Republic", through the respective Ministry. (3) to lay down the rules necessary for the proper structuring and operation of the plant to be fixed and, in particular, to lay down the rules necessary for the application of the modernisation allocation of Law No 19,553, in its transitional application. You will also determine the number of charges for each plant, the requirements for the performance of each plant, its denominations, the charges that will have the character of exclusive trust and career and the hierarchical levels for the purposes of the application. Article 8 of Law No. 18,834, whose consolidated, coordinated and systematized text was established by the decree with force of law No. 29, 2005, of the Ministry of Finance. In any event, the requirements to be set for the performance of the charges shall not be required of the officials who are transferred as indicated in the previous number, in so far as they continue to exercise the jobs to which they were transferred. (4) Set the maximum staff of the Ministry of Sport, in respect of which the limitation laid down in Article 10 (2) of that Law No 18,834 does not apply. (5) To determine a single date for the entry into force of the permanent article of the present law, of the plant to be established, the transfer and typecasting to be carried out and the initiation of activities of the Ministry of Sport. 6) The powers referred to in this Article shall be subject to the following restrictions, in respect of the staff concerned: a. It may not be considered as a cause of service termination, removal of charges, termination of duties or termination of the employment relationship of the staff transferred. It shall also not be able to import change from the usual residence of officials outside the region where they are providing services, except with their consent. b. It may not mean loss of employment, cessation of duties, reduction of remuneration or modification of the pension rights of staff transferred. Any difference in remuneration must be paid by an additional payroll, which will be absorbed by future remuneration improvements that correspond to the officials, except those arising from general readjustments to be granted to workers in the public sector. Such a template shall maintain the same amount of imputability as that of the remuneration it compensates. c. Past officials shall retain the age allowance they have recognised, as well as the time taken into account for such recognition. 7. Determine, for the National Institute of Sport, the hierarchical levels, for the purposes of the application of the provisions of Title VI of Law No. 19,882 and in article 8 ° of Law No. 18,834, whose text recast, coordinated and systematized was fixed by the decree with force of law No. 29, of the Ministry of Finance, of 2005. The officials They will, at the date of publication of the corresponding decree with force of law, be held to be positions qualified as high public or career, according to the referred rules, will maintain their appointment and remuneration as long as the vacancy, for any cause, does not occur, of the posts of the holders. 8) Transfer, as appropriate, the goods to be determined, from the National Sports Institute of Chile to the Fisco, to be destined for the Ministry of Sport. Article 2.-The President of the Republic, by decree issued through the Ministry of Finance, will make up the first budget of the Ministry of Sport and transfer to this the funds of the National Sports Institute of Chile necessary to fulfil their functions, and may have the effect of creating, deleting or modifying the relevant chapters, assignments, items and budget glosas. Article 3.-The implementation of the Ministry of Sport's Regional Ministerial Secretariats and the provision of the posts of Ministerial Regional Secretaries to be set in their plant, will be done in full within the time limit of twelve months, to tell of the publication of this law. Article 4.-The greatest tax expense that the application of this law means in its first year of validity, will be financed from the resources transferred to the Ministry of Sport, in accordance with the provisions of the second article transition. 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 these resources. For subsequent years, the largest expenditure will be financed from the resources provided for in the respective budgets. Article 5.-The Regional Directors of the National Institute of Sports of Chile who have been selected and appointed in accordance with the rules laid down in Title VI of Law No. 19,882, whose appointments and appointments are To the date determined in accordance with the requirements of the numeral (5) of the first transitional article, they shall be maintained in their positions, in accordance with the provisions of the fifteenth and fifteenth articles of Law No 19,882. Article 6.-The official who, at the time indicated in the previous article, is in charge of the National Director of the National Sports Institute of Chile and as long as he maintains that appointment, will continue to perceive the (a) the remuneration provided by law for the service, including the allocation of the upper management of Article 1 (1) of Law No 19,863. Article 7.-The members of the National Council of the National Sports Institute of Chile, whose designations are in force at the date of entry into force of this law, will cease in their posts for their own ministry, to count on the date to be fixed pursuant to Article 5 (5) of the first transitional article. '; Article 8.-As long as the Welfare Service of the Ministry of Sport is not established, all its officials may join or continue to be affiliated with the National Sports Institute of Chile. Plant and contract officials of the National Institute of Sports of Chile, which are transferred to the Ministry of Sport, will be able to retain their affiliation to the associations of officials of the Institute. Such affiliation shall remain in force until the Ministry of Sport has established its own association. However, after two years from the date of entry into force referred to in Article 5 (5) of the first transitional article, it shall cease, by the sole ministry of the law, its affiliation to the associations of officials of the institution of origin. '; And because I have had to approve and sanction it; therefore, promulgate and take effect as the Law of the Republic. Santiago, 19 August 2013.-SEBASTIÁN PINERA ECHENIQUE, President of the Republic.-Cecilia Pérez Jara, Minister General of Government.-Felipe Larraín Bascunan, Minister of Finance.-Bruno Baranda Ferran, Minister of Social Development. What I transcribe to you for your knowledge and purposes.-Mauricio Lob de la Carrera, Deputy Secretary-General of Government.