APPROVES THE ORGANIC LAW OF THE CIVIL REGISTRATION AND IDENTIFICATION SERVICE Having regard to the fact that the National Congress has given its approval to the following P r o y c t o d e l e y: TITLE I Legal Nature, Object and Functions Article 1 °. Civil Registry and Identification will be a public service, functionally decentralized, with legal personality and own patrimony, subject to the oversurveillance of the President of the Republic through the Ministry of Justice. It shall be governed by the provisions of this law and its accompanying rules. Your address will be the capital of the Republic. Its assets shall be made up of the funds allocated annually by the Budget Law, its own revenue and other assets acquired under any title. Article 2 °.-For the purposes of this law, the following definitions shall apply: b.-By National Director, the Director of the Civil Registry and Identification Service. c.-by Regional Director, the Director of the Regional Directorate of the relevant jurisdiction. d.-By Comptroller, the Internal Controller of the Civil Registry and Identification Service. e.-By Regional Directorate, the one corresponding to the respective jurisdictional territory. f.-By Office, the Office of Civil Registry and Identification of the corresponding constituency. g.-By Civil Officer, the official who has been sworn in at the office of an Office, regardless of the quality of the designation referred to in this law. Article 3.-The Service shall ensure the legal constitution of the family and shall have as its principal object the recording of the acts and essential facts which determine the civil status of the persons and the identification thereof. It will be up to him, too, to carry the records and perform the actions that the law entrusts. Article 4 °.-They are functions of the Service: 1. Forming and keeping updated, by means and |! |in the form that the regulation determines, the following |! | Records: -Of Birth, Marriage and Defunction;-General of Convictions;-Of Passports;-Of Drivers Of Motor Vehicles;-Of Motor Vehicles;-Of Professionals;-Of Disability;-Of Domestic Violence;-Of Consumption And Traffic Of Narcotics, and-The others that entrusts you the law; 2. Register in the corresponding register the |! |births, marriages and deaths; and leave |! |constancy in such inscriptions of the facts and acts |! |legal ones that modify them, complement or cancel; 3. The celebration of marriage, through the |! | Civil Officer, in accordance with the law; 4. Establish and register the civil identity of the |! |persons and grant the official documents that |! |accredit the identity; 5. Bring the criminal affiliation of the persons, the |! |opening, updating and custody of the records |! |criminal and report them to the affected and the |! |authorities that the law establishes; 6. Let's go on record, in the records e |! |enrollments that carry or practice according to the law, |! |of the facts and legal acts that modify them, |! |complement or cancel; 7. Grant certificates giving faith of the facts and |! |legal acts which records that |! |maintains the Service; 8. Safeguard the integrity, permanence and |! |inviolability of the records that the law entrusts you |! |carry, maintaining, by appropriate means, the |! |information contained in the documents that they have given them |! |origin or have served as foundation to the inscriptions, |! |subinscriptions and annotations that under the law |! |must practice; 9. Inform the bodies that the law points out, the |! |statistical data related to the information that |! |carries this Service subject to the law and they are not |! |own competition from other services, and 10. Exercise the other functions that the law |! |entrusts. TITLE II of the Organization Article 5 °.-The Service will be constituted by a National Directorate, based in the capital of the Republic, and by Regional Directorates based in the regional capitals. The National Directorate will be responsible for Regional Directorates; the Subdirections for Operations, Studies and Development, Administration and Finance, and Legal; the Internal Comptroller and the General Secretariat. Paragraph 1 of the National Directorate Article 6 °.-The top management of the Service shall be in charge of an official called the National Director, who shall be the Chief of the Service and shall have his judicial and extrajudicial representation. Article 7 °.-The National Director shall be responsible for the following powers and obligations: a) Ensure compliance with the rules applicable to the Service and take the necessary measures to ensure its normal operation; b) Formulate, in respect of the Service, general policies and approve plans and programmes for compliance (c) Direct, organise, coordinate and administer the Service, taking the decisions it deems necessary for the proper conduct of the Service; (d) to fix and modify the internal organisation of the Service, for the purpose of which it you can create, delete, and merge units, fix their dependency, assign them functions, and personnel necessary to comply with them, without the exercise of this power means to modify the plant of personnel or the structure of the Service established in this law; and) to order, through the administrative route, the rectification of inscriptions that (f) Dictate the orders and resolutions necessary to keep the records and records of the Service up to date and correct; g) Call for public or private proposals and resolve their (h) to be implemented in accordance with the rules in force and the available budgetary resources; acts and conclude the contracts or agreements it deems necessary for the fulfilment of the purposes of the Service, such as: buy, sell, build, repair, lease, lease, enter data, accept donations and maintain all classes of movable and immovable property, subject to other requirements than those laid down by law and budgetary availabilities; (i) To conclude agreements with other public bodies and private entities in order to provide information contained in the public records of the Service, with the limitations that the law establishes in respect of the security and confidentiality of the data. For these benefits, the securities to be established by the Service's resolution shall be charged; (j) Propose the annual draft budget of the Service and administer the resources allocated to it; (k) Delegate to the Regional Directors; Deputy directors and other servants of the Service the powers to resolve specific matters or to make use of some of their powers, in which case they shall act under the formula "By order of the National Director"; plant and contract staff and to conclude, in accordance with the legal provisions governing the matter, contracts for the provision of services to fees, with natural or legal persons, for the execution of specific tasks; (m) Establish and implement policies relating to the staff of the Service; the records, forms and identity documents used by the Service for the performance of their duties. Fix the format of the same and adopt the procedures and measures that ensure their inviolability; n) Order the elimination of those documents and forms that have lost their validity and those that, without having expired, are not (i) to provide certain officials with the authority of the heads of the respective departments of the Service, to authorize the documents which they grant; (p) to advise and inform the Ministry of Justice of the (c) Coordinate and maintain the competence of the Service, where required; (q) Coordinate and maintain the relations of the Service with the Civil Registry and Identification Agencies of other countries and foreign entities, in the matters that are of their own; r) Designate the Civil Officers and the officials who will have the quality of ministers of faith to certify the actions of the Service; s) to establish the schedule of public attention to be met by the Civil Officers, whatever the nature of their designation; t) Create or delete Offices and Suboffices, when the needs of the community so requires, and u) to dictate the resolutions that are necessary for the exercise of their powers. Paragraph 2 ° Of Subdirectorates Article 8 °.-The head office of each Subdirectorate shall correspond to an official called Subdirector. Article 9 °.-The Deputy Directors, in their capacity as direct and immediate collaborators of the National Director and without prejudice to the powers granted to them by this law, shall advise him in matters of their competence, for which they shall recommend and subject to their consideration the measures they consider appropriate for the best course of the Service. They shall also schedule, direct, coordinate and monitor the operation of the Subdirectorate in their capacity subject to the policies and instructions provided by the Director. Article 10.-The Subdirectorate of Operations shall have the following obligations and attributions: (a) To provide the technical support required by the National Directorate in matters relating to the organization of the Regional Directorates and Offices of the Service and the procedures used for the performance of the functions that the law has assigned to the Service or the Civil Officers; b) To analyze the proposals or suggestions from the Regional Directorates, harmonizing them with the policies and plans of the Service, in order to submit them to the consideration of the National Directorate; c) Monitor and evaluate the operation and administrative march of the Regional Directorates and the Offices corresponding to each of the districts of the (d) Report to the National Directorate on requests for the opening or closing of Offices and Sub-offices; (e) Citar to meetings of Regional Directors, when the National Director so provides, and take the respective minutes; (f) Report to the Director National on how to implement the laws and regulations relating to the Service and the incidents which may have in the course of this one which are in the process; g) To elaborate the manuals and instructions necessary for the correct application of the legal norms and procedures related to the Service, in coordination with the Legal Subdirectorate; (h) Propose the models of registers, documents and forms to be used by the Service in its actions, and (i) The other functions entrusted to it by the National Director. Article 11. The Subdirectorate for Studies and Development shall have the following powers and obligations: (a) Directing, supervising and evaluating the operation and administrative progress of the Departments in charge; b) Assessing the National Directorate in the policy formulation and computer development of the Service; c) Managing the resources (d) Propose and monitor the application of the technical standards and procedures for the efficient use of computer resources; and) Propose and monitor the implementation of the technical standards and procedures for the efficient use of IT resources; rules on the use, updating, conservation, custody and security of information (f) to carry out the other tasks entrusted to it by the Director-General. Article 12. The Management and Finance Subdirectorate shall have the following powers and obligations: (a) Provide the technical support required by the National Directorate for the formulation of the policies, plans and programs for the administration of human, material and budgetary resources of the Service; b) Propose the formulation and distribution (c) Develop, coordinate, evaluate and implement personnel and training policies; (d) Monitor the implementation of regulations, standards and instructions related to personnel and their welfare; and) Schedule and evaluate the implementation of the Service budget; (f) Run the procurement process; the supervision and control of the goods for use and consumption of the Service and propose the rules that allow for proper custody, use and conservation; g) Control the efficiency, economy and efficiency with which the resources of the Service are used, and h) Carry out the other duties entrusted to him by the National Director. Article 13. The Legal Subdirectorate shall have the following powers and obligations: a) To study and prepare the reports to be evacuated by the Service at the request of the Courts of Justice and those to be issued in those cases where the law expressly orders to hear the Civil Registry and Identification Service; reports in law on the application of laws and regulations in matters of the Service; c) Prepare reports and consultations directed to the Comptroller General of the Republic and other institutions of the State on the interpretation of Legal and regulatory provisions; d) To study and propose to the National Director (f) to study and report, at the request of the National Director, the draft laws, supreme decrees, and to report, at the request of the National Director, to the National Directorate or other legal provisions relating to the Service, and (g) In general, all other functions which fall within its competence are entrusted to it by the National Director. Paragraph 3 of the Internal Comptroller's Office Article 14.-There will be a Internal Comptroller in charge of exercising the control of the legality of the acts of the authorities of the Service, supervising the income and use of funds and examining the accounts of the to render the persons who have goods in their possession, without prejudice to the privileges of the Comptroller General of the Republic. Article 15. The Internal Comptroller shall be in charge of a Comptroller. Article 16.-The functions and duties of the Internal Comptroller shall be: (a) Establish internal controls, evaluate their functioning on a permanent basis, and recommend measures to improve their effectiveness; b) Verify compliance with the objectives and policies of the Service and the short, medium and long goals (c) Oversee the acquisition, disposal and other legal acts which alter the assets of the Service; (d) Check whether the administrative decisions and the actions to which they give rise are carried out; in accordance with the laws and regulations applicable to them and the objectives and In the case of the Commission, the Commission has been responsible for the implementation of the internal market in the field of the internal market. Paragraph 4 ° Of the General Secretariat Article 17.-There will be a General Secretariat in charge of an official called the Secretary General, who will integrate the plant of the Service. Article 18. The General Secretariat shall have the following powers and obligations: (a) Give the processing to the documentation it receives, by issuing the reports requested and signing the providences and trades of mere processing and those indicated by the National Director; (b) Administer and supervise the General Office of Parts of the Service; (c) Custodian and maintain the archive of all administrative documentation and supervise the removal of documents from the Service; (d) Numbering and recording the resolutions and orders of the Service that the National Director dictates; Authorize, with their signature, the transcripts of the resolutions and orders of service that the National Director; (f) Take the register of delegations of privileges conferred by the National Director and certify its validity; (g) Develop the annual memory of the institution; and (h) direct and guide the policies of institutional image; superguarding the functions of Public Relations and Press. Paragraph 5 of Regional Directorates Article 19.-Each Regional Directorate shall be in charge of a Regional Director. Article 20. The Regional Directors correspond to the following powers and obligations: (a) Organize and direct the Regional Directorate and execute the policies established by the Service in the respective region; b) Monitor the correct performance of the functions of the Service, according to the operating rules provided by the Directorate National and current legislation; c) Manage the assets and resources to be made available to them, in accordance with the general instructions given by the National Director; (d) to account for the funds allocated annually in the Law of Budgets and those collected by the Service in your region; and) Appoint Deputy Civil Officers in the region, accept their resignation, remove them and terminate their functions, and create Suboffices in the region; (f) Conduct the acts and conclude the agreements or contracts that are necessary for the proper functioning of the Service in the respective region; Authorize, recognize, grant, extend and terminate family allowances; holidays; licenses and permits with the benefit of the staff of their dependants; (h) Order the instruction of summary or summary investigations administrative, and to apply disciplinary measures to the staff of their dependency with the exception of (i) to certify the authenticity of the signatures of the Civil Officers performing their duties within the jurisdiction of their respective regions, and (j) to exercise the other powers and functions which the National Director delegates them or the laws assign them. Article 21, paragraph 6.-Each region shall be territorially divided into constituencies. There will be one constituency in each commune in the country. The National Director may, in qualified cases, subdivide a commune into two or more constituencies or assemble two or more communes in the same constituency. Article 22.-The amendment of the boundaries of a constituency, as well as the subdivision of it or its deletion and annexation to the territory of a neighbouring constituency, shall be ordered by the National Director of the Service, subject to a report by the Institute National Statistics. These amendments must be adjusted to the limits determined by the administrative division of the country. Paragraph 7 of the Civil Registry and Identification Offices Article 23.-In each Constituency there will be a dependency on the Service to be called the "Office of the Civil Registry and Identification", which will be based in the locality in which it has its The seat of the respective municipality, or in that which the National Director determines, when the commune is divided into more than one constituency or a constituency comprises more than one commune. Each Office of Civil Registry and Identification shall also bear the name of the city or locality in which it has its seat or the name of the commune corresponding to its constituency. The National Director may exceptionally be able to set up other Offices when, for good service reasons, some of his/her duties need to be unconcentrated. Article 24.-There shall also be an Office of Civil Registry and Identification, which shall be based in the capital of the Republic, which shall carry the records of facts and acts of incorporation The civil status of Chileans, children of Chileans and foreign residents with permanent residence, without prejudice to the provisions of special laws. Paragraph 8 of the Suboffices of Civil Registry and Identification Article 25.-The National Director may create Suboffices when the needs of the Service or the community make it advisable, in the Legal Medical Service, in hospitals or other health entities, within the territorial limits of a constituency. These Sub-offices shall keep records independent of those of the Office of which they are a party and shall include the acts and essential facts relating to the civil status of the persons, occurring within the establishment or institution where they are installed. Article 26. The Director may also set up sub-offices in remote locations which so require, within the territory of an Office, where the administrative division of the territory of the constituency is not advisable. These Sub-offices shall be identified by the name of the constituency of which they are a party and by the name of the locality in which they are based; they shall be assigned a territory and shall keep records independent of those of the Office on which they are based. Such records shall include births, marriages and deaths occurring or held within the radius assigned to the Sub-Office. Paragraph 9 of the Civil Officers Article 27.-An official named Civil Officer shall be in charge of all the functions and performances of the Service that are carried out within the constituency for which he was appointed, which shall remain under his jurisdiction for all the purposes of this law, without prejudice to the provisions of Article 24. Article 28.-The appointment of the Civil Officers shall be carried out prior to the procedure to be administered administratively, to which the officials of the Service may apply, which meet conditions of antig#edad, of suitability and qualification. The National Director shall set the conditions required for each case and appoint the official selected from among the three candidates with the highest scores. Article 29.-Not to be named Civil Officers: 1. Those under 21 years of age; 2. Those who do not have a Chilean nationality; 3. The blind, the deaf, the mute and the persons with oral language difficulties; 4. The dements, even if they are not declared in interdiction; 5. Interdictions; 6. Failed, while they have not been rehabilitated, and 7. Those who are disabled for the exercise of public office or office, or who are convicted or prosecuted for crime or simple crime. Article 30.-In the exercise of his position, the Civil Officer shall cease to have any of the grounds of inability referred to in the previous article. Article 31.-The Civil Officer shall be the Head of the Office of the Civil Registry and Identification of his office, and in such quality shall be responsible for the custody of the records and records of the Office. Article 32.-The Civil Officers are ministers of faith in all the actions that this or other laws entrust to them and that are carried out at any point within their jurisdictional territory. In such a manner, they shall be entitled to authorize the minutes and inscriptions to be signed in their presence, to give evidence of the acts concluded before them, to grant certificates and other actions which the laws may indicate to them. Article 33.-The obligations of the Civil Officers: 1. To register the births and deaths that are required of them and which have taken place within their jurisdiction; to celebrate and to register the marriages which, according to the law, are of their competence; to register and to record, in the records that correspond to, acts and contracts relating to the civil status of persons, which supplement or modify the entries; 2. Save and retain the records of the registrations in their office, keeping them classified by year and type of registration, with their respective alphabetical index; 3. Grant certificates or authorized copies of the entries in the records in his office; 4. Collect the statistical information relating to the facts and acts which are declared or entered in their records; 5. Intervening in the process of civil and criminal affiliation of persons and supervise the correct granting of identity cards, passports and other identification documents which are processed in the Office; 6. Assist your Office during the time it will be open to the public, as determined by the National Director; 7. Propose the appointment of the Office's Deputy Civil Officers, and 8. Fulfill the other functions and duties assigned to them by the laws, in the form and under the instructions given to them by the National Directorate. Article 34. Civil Officers shall be disqualified from: 1. Exercise their duties outside the limits of their constituency, except for the cases expressly indicated by this law; 2. Delegate their duties, without prejudice to legal provisions in force on the subject, and 3. To authorize enrollments or to celebrate acts in which they themselves are interested or who refer to their spouse, ascendants, descendants and collateral, up to the fourth degree of consanguinity and second degree of affinity, both inclusive. Article 35.-Civil Officers of Offices located in constituencies where there is no Notary, will be empowered to intervene as ministers of faith in the authorization of signatures to be stamped in their presence, in documents private, provided that the identity of the comparados and the date on which they are signed are recorded. Article 36.-Civil officers who perform notarial functions are under the disciplinary jurisdiction of the respective Courts of Appeals, applying to them the rules that the Organic Code of Courts establishes for the Notaries, without prejudice to their administrative responsibility. Civil Officers who perform as Notaries or as ministers of faith in functions that are not themselves of the Service, will receive the duties set for the Notaries in the respective commune or group of communes. Paragraph 10 of the Civil Officers Adtogether Article 37.-In each Office of Civil Registry and Identification, at least one Deputy Civil Officer shall be appointed, who shall be the legal subrogant of the holder in all his or her duties and with their own powers and skills, each time the latter is prevented or disabled to exercise his or her duties. Without prejudice to the foregoing, the Deputy Civil Officer who performs in the Office shall have the powers to act in the records interchangeably with the Civil Officer Holder, within the jurisdictional limits of the Constituency. The role of the Deputy in such quality will be limited to recording births and deaths, granting burial passes and authorizing the subinscriptions and documents that the regulation determines. In the event of the vacancy of the titular post, the Deputy Civil Officer who performs at the Office shall take office until the new holder is appointed. Article 38. Each Sub-Office of Civil Registry, opened in a Hospital or other entity, shall be in charge of a Deputy Civil Officer of the office of the Office from which it depends. The role of the Deputy in such quality shall be limited to the registration of births and deaths occurring within the establishment or institution in which they are installed, to the granting of burial passes, and to the authorization of subinscriptions, certificates and other documents to be determined by the regulation. The Deputy Civil Officer shall only be entitled to hold marriages in the death of persons who are admitted to the establishment or institution of health. The marriage that is celebrated under these conditions must be entered in the Register of Marriages of the Office of which it depends, in the manner determined by the regulation. Article 39. Each Sub-Office of Civil Registry and Open Identification in remote locations that require it, shall be in charge of a Deputy Civil Officer of the office of the Office of which the Office is dependent. In such a capacity, the Deputy Civil Officer shall have the right to exercise the functions and actions of the Service that are performed within the judicial radius assigned to the Suboffice, without prejudice to the powers of the Civil Officer appointed in that jurisdiction. Member State shall have the obligations of Article 33, with the exception of that of No 7. Article 40.-The National Director or the Regional Director concerned may, where they deem it necessary, assign the Deputy Civil Officers and those referred to in Article 44, the other functions which are by law, the Official Civil Officers. Article 41.-The appointment of the Deputy Civil Officer shall be made on the proposal of the Civil Officer of the respective Office. If the person proposed does not meet the conditions necessary to perform the function, the Director or Regional Director shall, where appropriate, designate another person who is accredited to meet them without further processing. Article 42.-For the designation of Civil Officers Adtogether govern the impediments and inabilities set forth for Civil Officers in Articles 29 and 30. Article 43.-The Regional Director of the Service, when deemed necessary, may appoint Civil Officers Adjunto with powers to act in one or more of the districts of the region, with the purpose of making visits to the rural sectors or sections of the headquarters of the Office or Sub-office. During these visits, the Deputy Civil Officer shall be entitled to enter into marriages, to register children who have not been registered in due course, to attend to requests for certificates and identity documents and other requirements for Civil Registry actions requested by the local population. Article 44.-In the one-person offices, the appointment of the Deputy Civil Officer may fall to any public official, a designation that will be compatible with the performance of his office. The persons thus appointed shall not have the status of officials of the Service or increase their endowment, and shall act with the powers granted to them in the act of appointment. The remuneration of the Deputy Civil Officer in these cases shall be equal to that of the Civil Officer and shall be paid in proportion to the duration of his performance. This remuneration shall be compatible with that which you are receiving on account of your position. TITLE III Of Staff Article 45.-By the nature of the functions that correspond to the Civil Registry and Identification Service, your staff must keep the proper reservation of the background or documents of which you take knowledge in the the performance of their duties, without prejudice to the information and certifications to be provided by the Service in accordance with the law. Article 46.-Derogase Title VI of Law No 4,808. Transitional Provisions Article 1 °.-The President of the Republic shall be empowered to fix, within one year by a decree with force of law, the contents, procedures and mechanisms of registration and the records and records which he/she Civil Registration Service and Identification must practice and maintain. Article 2.-As long as the decree referred to in the previous article is not given, it will continue in force, in so far as the rules of this law are not opposed, all those provisions that regulate the matter. Article 3.-Within 30 days of the publication of this law, Civil Officers who perform notarial functions shall close and deliver to the respective Judicial Archives, the public records referred to in Article 86 of the Law No 4,808. Article 4.-Transfer to the Civil Registry and Identification Service, by the sole ministry of the law, the movable property and the real estate that the Fisco owns, and which are currently destined for this Service. The Real Estate Conservatives and the Civil Registry and Identification Service shall practice the inscriptions that proceed with the sole merit of this article. The registrations that are made in compliance with this provision will be exempt from all kinds of taxes and duties. Within the year following the publication of this law, the Service will send to the Department of National Goods of the Ministry of National Goods and the Comptroller General of the Republic, an inventory of the movable and immovable property which, by virtue of of this provision, they are transferred. " And because I have had to approve and sanction it; therefore, promulgate and take effect as the Law of the Republic. Santiago, October 15, 1996.-CARLOS FIGUEROA SERRANO, Vice President of the Republic.-Maria Soledad Alvear Valenzuela, Minister of Justice. What I transcribe to you for your knowledge.-Salutes intently to Ud., José Antonio Gómez Urrutia, Assistant Secretary of Justice.