CREATE THE MINISTRY OF PLANNING AND COOPERATION |! | Having present that the H. National Congress |! |has given its approval to the following: Bill of Law: " TITLE I Of the Ministry of Planning and Cooperation (REPEALED) Paragraph I Nature, Purposes and Objectives (REPEALED) ARTICLE 1 °.-Repealed. Article 2 °.-Repealed. Paragraph II Organisation (REPEALED) Article 3 ° -Repealed. Article 4 °.-Repealed. Article 5 °.-Repealed. Paragraph III Of Staff (REPEALED) ARTICLE 6 °.-Repealed. TITLE II Of the Fund for Solidarity and Social Investment Paragraph I Home and Objectives Article 7.-The Solidarity and Social Investment Fund is a functionally decentralised public service with legal personality and heritage The aim is to finance in all or part plans, programmes, projects and special social development activities, which must be coordinated with those carried out by other State departments, in particular with the National Fund Regional Development. He will be under the supervision of the President of the Republic, with whom he will be related through the Ministry of Planning and Cooperation. Article 8 °.-The Solidarity and Social Investment Fund may use the acronym "FOSIS" to identify itself in all its acts and contracts. At each Ministerial Regional Secretariat for Planning and Coordination of the country, there will be an official representative of the Solidarity and Social Investment Fund. Your home is in the city of Santiago, without prejudice to those you establish as such in the country or abroad. Article 9 °.-In accordance with its objectives, the Fund may finance, in particular, activities whose purposes are: (a) To contribute primarily to the eradication of extreme poverty and unemployment; b) To preferentially the situation of groups of lower income and in the state of social risk, especially of young people who are marginalized from the systems (d) Support the participation of the people themselves affected by poverty in the solution of the problem of poverty in the solution of the problem. problems; and) Design and execute efficient programs and projects to solve problems (b) To promote the development of the poorest sectors that live in rural areas, and whose activities are agricultural, fishing, or mining, especially in the on technology transfer, credit assistance, electrification, drinking water, roads, communication systems, health and education, without prejudice to the powers and obligations of the respective Ministries. The allocation of the Fund's resources should, preferably, consider the requirements that come from the regions and localities that present the highest rates of isolation, marginality and poverty. Article 10.-For the purposes of the |! |article 34 of Law No. 18,575, the Fund may deliver |! |the performance of its activities by means of agreements with |! |the public or private sectors. Those legal acts that have by object |! |agree the hiring of natural persons or |! |legal for the performance of activities |! |related to the objectives of the Fund, shall |! |be subject to the following procedure. There will be a public register of natural persons and |! |legal entities qualified to contract with the Fund, in the |! |which will establish the requirements of specialty, |! |experience and management capacity for the different |! |categories of contracts. The supreme decree approving |! |the registration will be published in the Official Journal. The incorporation to the register will be regulated by |! |said supreme decree. The removal of persons |! |incorporated to the register will be made by decree founded of the |! | Ministry of Planning and Cooperation, based on the |! |loss of requirements or in the breach of |! |contractual obligations with the Fund. Any agreement or contract of the Fund that implies |! |transfer of resources to the private sector, must |! necessarily be effected through the record of the |! |natural persons or legal persons mentioned in the incisos |! |precedents. In qualified cases and by supreme decree |! |founded, institutions or persons may be hired |! |other than the registry, when there are no entities |! |with the required capacity or experience. Natural or legal persons who contract with |! |the Fund shall have their domicile and experience |! |institutional in the region of the country in which it is |! |intends to develop the activity of the contract. Just in case of not existing in the region capacity and |! |sufficient experience to assume the obligations that |! |is intended to hire, will resort to people or |! |institutions from other regions. The Mayor of the |! |respective region will certify such a circumstance. It will be the obligation of natural persons or |! |legal persons to contract with the Fund to guarantee, both |! |the faithful execution of their obligations as well as the |! |advances of monies received, by means of a |! |bank guarantee or insurance policy extended in favor |! |from the Fund or any other enough mode and |! |appropriate. The provisions contained in the second cases |! |a seventh of this article, shall not apply to |! |the institutions of the public sector, Municipalities and |! | Universities and Institutes of Higher Education or of |! | Recognized research by the State. The Fund will be able to perform and execute all the acts |! |legal necessary to achieve its objectives. Article 11.-The address of the Fund shall correspond to a Council which shall be the higher authority of the Service. The Council shall be composed of: (a) the Minister for Planning and Cooperation, who shall preside over him; (b) the Deputy Secretary for Regional and Administrative Development, or his representative; (c) a representative of one of the State's agencies; Develop activities related to women, and d) Four members. The members referred to in points (c) and (d) shall be appointed by the President of the Republic, including a representative of a university recognized by the State, a representative of the workers and another of the sector business. Members shall not receive any remuneration in their duties. The Council shall appoint a first and a second Vice-Presidents. The Council shall: (a) exercise the powers, fulfil and enforce the functions set out in Article 9 of this Law and the other functions required by the purpose of the Fund; b) Approve the Fund's annual programme of action and the draft budget; (c) delegating part of their duties and powers to the Executive Director, other Fund officials, and, for specific purposes, committees which, for the purpose of the Fund, constitute with members, officials or even persons other than the Council, (d) Approve the internal organization of the Fund and its modifications; (e) Designate staff In the case of the European Commission, the Commission has been able to make a number of proposals for the implementation of the Single European Act, and to take all the necessary steps to ensure the proper functioning of the Service. Article 12. The Management of the Fund shall be the responsibility of the Executive Director who shall be the Chief of the Service and shall have its legal, judicial and extrajudicial representation. The position of Executive Director shall be the sole confidence of the President of the Republic and shall be provided to the Council. The Executive Director shall be responsible: (a) comply with and enforce the agreements and instructions of the Council, and carry out the acts and functions delegated to it by the Council in the exercise of its powers; b) Propose to the Council the Fund's annual action programme, as well as any other (c) Prepare the draft budget of the Fund for the purpose of submitting it to the Council, implement the project which is definitively adopted, and propose the amendments required during its implementation; Council the internal organization of the Fund and its amendments, by means of resolution agreements to be concluded by the Commission on the creation of divisions, departments, committees or other units or working parties which are believed, modified, merged or removed for the best performance of the tasks of the Service; administratively the Fund, subject to the agreements and instructions adopted by the Council; (f) Attend, with the right to voice, to Council meetings and to adopt the provisions and measures which require their operation; regularly to the Council, on the progress of the institution and on the implementation of its agreements and (h) Without prejudice to the powers of the Council, to appoint and recruit staff, to assign tasks to it and to terminate its services, giving the Council all the power to acquire, dispose, tax and manage all kinds of goods; and execute or conclude any act or contract directly or indirectly to the fulfilment of its object and functions, subject to the agreements and instructions of the Council; occupation, even if they are not officials of the Service and delegating to them the powers of both Article 7 of the Code of Civil Procedure; (k) delegating part of its functions and powers to officials of the Service, and (l) In general, issuing the resolutions and exercising the other powers necessary for the proper conduct of the Service. Article 13.-There shall be a Prosecutor, who shall ensure the legality of the acts of the institution, report in law to the Council and the Executive Director, and shall be the ministr or the Service's faith. The Prosecutor will participate in the Council sessions with the right to speak, of which he will serve as secretary. To be a Prosecutor you will need to have a lawyer's degree. Article 14, Paragraph III.-Set the following plants of the |! |staff of the Solidarity and Social Investment Fund. FUND OF SOLIDARITY AND SOCIAL INVESTMENT (FOSIS) Grade N ° ----- ----- Executive Director 1 C 1 ----- 1 MANAGEMENT PLANT Fiscal 3 1 Head of Department 3 4 Head of Subdepartment 9 1 ----- 6 Professional professionals 4 2 Professionals 5 2 Professionals 6 6 Professionals 7 2 Professionals 8 2 ---- 14 TECHNICIAN PLANT 10 2 Technicians ------ 2 Administrative ADMINISTRATIVE PLANT 10 2 Administrative 12 2 Administrative 14 2 Administrative 15 2 ------ 8 Auxiliary AUXILIARY PLANT 20 2 Auxiliary 21 2 Auxiliary 22 1 Auxiliary 24 1 ---- 6 TOTAL PLANTA 37 Paragraph IV Of Heritage Article 15.-The The assets of the Fund shall consist of the movable and immovable property acquired by it for free or for consideration, and in particular by: (a) Contributions to the Law on the Budget of Entries and Expenditure of the Nation: (b) The contributions of cooperation (c) The fruits of such goods shall be paid to the international community to meet the objectives set out in Article 9, any title, the trusts, the inheritances, legacies and donations accepted by the Council. Article 16. The operations of the Fund and its assets shall be exempt from any tax, direct or indirect, of a fiscal nature. Donations made to you will be exempt from the hint of insinuation. TITLE III Of the International Cooperation Agency of Chile Paragraph I Nature, Address and Objectives Article 17.-The Agency of Cooperation |! | International of Chile is a public service, |! |functionally decentralized, with personality |! |legal and own patrimony, whose purpose is to support |! |the plans, programs, projects and activities of |! |development that the Government promotes, by means of the |! |collection, provision and administration of resources |! |of international cooperation. In those cases in |! |that international cooperation requires a |! |national financial counterpart, this must be |! |approved by the Minister of Finance. In addition, the agency has the purpose of |! |implement, perform, and execute cooperation |! |international for and between developing countries. The Agency is subjected to the oversurveillance |! |of the President of the Republic, through the |! | Ministry of Foreign Affairs. Article 18.-The Cooperation Agency |! | International of Chile may use the acronym "AGCI" |! |to identify itself in all its acts and contracts. Your home is in the city of Santiago, without |! |prejudice to those you establish in the country or in the |! |exterior. The provisions are applicable to the Agency |! |contained in Decree Law No. 1.263, 1975 and its |! |modifications, especially as regards the |! |faculties, procedures and authorizations that said |! |legal body establishes for the hiring of credits |! |external. Likewise, they will be mandatory for the Agency |! |the rules and instructions that, on that matter, |! |dictate the Advisory Committee on External Credits in use of |! |their legal faculties. Article 19.-In compliance with its purpose, the |! | Agency shall have, in particular, the following functions: a) Determine the plans and programs of cooperation |! |international that are required to comply with |! |the policies of development of the Government, and approve and |! |coordinate the corresponding projects; b) Support the transfer, from the foreign, from |! |knowledge that strengthens the scientific system, the |! |technological capacity, the productive process, the |! |foreign trade and the social development of the country; c) Coordinate the fulfillment of the agreements |! |international destined to project capacity |! |scientific, technological, industrial and commercial of |! | Chile, with the purpose of achieving an effective presence |! |international of the country and to promote the processes of |! |integration that the Government is promoting; d) To enable a growing flow of resources |! |financial and technical that contribute to the achievement of the |! |previous goals, and e) Promote, sponsor, manage or coordinate |! |study conventions and training scholarship programs, |! |training or perfecting in the levels of |! |undergraduate, postgraduate and post-title imparted in the country |! |a foreign students and fellows, and f) Manage or run programs, projects |! |and specific activities of international cooperation. |! | Article 20.-The Agency may carry out and execute all the legal acts necessary to achieve its objectives, without prejudice to the powers conferred upon the Ministry of Foreign Affairs under agreements and international treaties. Foreign relations or other bodies of the State. Paragraph II Organization Article 21.-The address of the Agency |! shall be the responsibility of a Council which shall be the authority |! The Council shall be composed of: (a) The Minister of Foreign Affairs, who |! shall preside; (b) a representative of the Minister of Planning; (c) a representative of the Minister of Finance; and (d) Four members appointed by the President |! Republic, must be at least one of them, |! |representative of some university recognized by the |! | State. The Directors will not receive any remuneration in |! |their duties. The Council will appoint a first and |! |a second Vice-Presidents. In addition, you will designate one or more |! |agency officials to perform the |! |function of Council Secretaries in case of |! |impediment or absence of the Prosecutor and his |! |surrogates. The Council shall: a) Exercise the privileges and comply or make |! |fulfill the functions enunciated in article 19 of |! |this law and the others that requires the fulfillment of the |! |object of the Agency; b) Approve the annual program of action and the project |! budget of the Agency and its modifications; c) Delegate part of its functions and attributions in |! |the Executive Director, in the other officials of the |! | Agency and, for specific purposes, in committees that the |! |effect constitutes with councilors, (d) Approve the internal organisation of the Agency and |! |its own resources. modifications; e) Designate managerial and professional staff up to |! |the grade 8 ° of the Single Remuneration Scale of the |! | Public Sector, and f) Adopt all agreements that are required |! |for the proper functioning of the Service. Article 22.-The administration of the Agency |! |shall correspond to the Executive Director, who shall be the Chief |! | Superior of the Service and shall have its legal representation, |! |judicial and extrajudicial. The position of Executive Director |! |will be the exclusive trust of the President of the |! | Republic, will have the rank of Ambassador and will be provided |! |on the proposal of the Council. It shall be the responsibility of the Executive Director; (a) Fulfill and enforce the agreements and |! |instructions from the Council, and carry out the acts and |! |functions delegated to it in the exercise of its |! |attributions; (b) Propose to the Council the annual programme of Action |! |the Service, as well as any other matters that |! |require of your study or resolution; c) Prepare the Agency's draft Budget |! |to submit it to the Council, execute the which |! |definitely be approved, and propose the |! |modifications that are required during execution. d) Propose to the Council the internal organization of the |! | Service and its modifications, sanctioning by means of |! |resolution the agreements that it adopts regarding the |! |creation of divisions, departments, committees or other |! |units or working groups which are created, modified, |! |merge or delete for the best performance of the |! |functions of the Agency; e) Direct and administratively direct the Agency, |! |subject to the agreements and instructions that to the effect |! |adopt the Council; f) Attend, with the right to voice, to the sessions of the |! | Council and adopt the providences and measures (g) Report regularly to the Council on the |! |march of the institution and compliance with its |! |agreements and instructions; (h) Without prejudice to the powers of the Council, |! |appoint and recruit staff, assign functions to you and |! |terminate your services, account for all of this |! |the Council; i) acquire, dispose, tax and manage all |! |class of goods, and execute or celebrate any act or |! |contract directly or indirectly to the |! |fulfillment of their object and functions, holding them to the |! |agreements and instructions of the Council; j) To confer power to lawyers enabled for the |! |exercise of the profession, even if they are not |! |officials of the Service, and, delegate to them the faculties |! |of both incissos of the article 7 ° of the Code of |! | Civil Procedure; k) Delegate part of their functions and attributions in |! |Service officials, and l) In general, dictate the resolutions and exercise the |! |other faculties that are necessary for the good |! |march of the Service. Article 23.-There shall be a Prosecutor, who shall ensure the legality of the acts of the institution, shall inform the Council and the Executive Director in law, and shall be the Minister of Faith of the Service. The Prosecutor will participate in the Council sessions with the right to speak, of which he will serve as secretary. To be a Prosecutor you will need to have a lawyer's degree. Article 24, Paragraph III.-Set the following plants of the |! |staff of the International Cooperation Agency |! |de Chile: |! | CHILE INTERNATIONAL COOPERATION AGENCY (AGCI) Grade N ° ----- ----- Executive Director 1 C 1 ----- 1 MANAGEMENT PLANT Fiscal 3 1 Head of Department 3 6 Head of Sub-department 9 1 --- 8 PLANT OF PROFESSIONAL PROFESSIONALS 4 7 Prof 5 1 Professional 5 1 Professional 6 1 ---- 9 Technical TECHNICIAN PLANT 10 1 --- 1 ADMINISTRATIVE ADMINISTRATIVE PLANT 10 2 Administrative 12 3 Administrative 14 1 Administrative 15 1 ----- 7 Auxiliary AUXILIARY PLANT 20 2 Auxiliary 21 2 ----- 4 TOTAL PLANTA 30 Paragraph IV of the Patrimony Article 25.-The assets of the Agency shall consist of the movable and immovable property which it acquires for free or for consideration, and in particular for: a) The contributions that the Law of the Budget of Entries and Expenditure of the Nation considers; b) The contributions of international cooperation that it receives for the fulfillment of the objectives set out in Article 19, to any title, even the (c) The inheritances, legacies and donations accepted by the Council, and (d) The fruits of such goods. Article 26.-The operations of the Agency and its assets shall be exempt from any direct or indirect tax of a fiscal nature. The donations made to it will be exempt from tax and from the process of innuendo. TITLE IV Final Provisions Article 27.-Repealed. Article 28.-The President of the Republic |! |will establish, through one or more supreme decrees, the |! |organic regulations of the Ministry of Planning |! |and Cooperation, of the Solidarity and Investment Fund |! | Social and the Agency International Cooperation of |! | Chile. Article 29. References that the laws and regulations in force make to the Office of National Planning and to the Minister Director of that Office shall be understood, respectively, to the Ministry of Planning and Cooperation and the Minister of Planning and Cooperation, subject to the provisions of the following paragraph. The President of the Republic shall be empowered to fix the recast of the provisions on international technical assistance and to determine, in these matters, the functions and duties corresponding to the Ministry of Planning and Cooperation and the Agency for International Cooperation. This text must be given within 10 months. The President of the Republic may adjust, coordinate and systematize these provisions without altering their content. Article 30.-The Fisco will be the patrimonial successor of the Office of National Planning. Article 31.-Law No 16,635 and its recast text, fixed by Supreme Decree No 1,415 of 1980, of the Ministry of the Interior; Decree Law No 677 of 1974; Decree Law No 937 of 1975; Decree Law No. 1,169; of 1978, of the Ministry of Finance; Articles 12 and 13 of Decree Law 575, 1974 and Articles 2 and 3 of Law No 18,827. Article 32.-Defeat all the legal norms that give to other ministries and agencies of the State, equal planning functions that the present law gives to the Ministry of Planning and Cooperation. Transitional Provisions First.-The officials of plant at present service in the Office of National Planning will be able to perform in the Ministry of Planning and Cooperation. The typecast to which the provisions set out in the previous paragraph, will not be able to represent a decrease in remuneration. Any difference will be cancelled by an additional payroll, which will be taxable and readjustable in the same way and amounts as the remuneration of the public sector workers. Plant personnel who, as a result of the pigeonage, do not have a location in the new plant due to a lack of requirements and are unable to provide for the benefit of retirement, shall be entitled to the compensation referred to in Article 2. Transitional provisions of Law No 18,972. Second.-The 25 additional posts of the current professional plant of the Office of National Planning that are created in article 6 ° of this law, as well as the Plants of the Fund of Solidarity and Social Investment and of the Agency of Cooperation International rules laid down in Articles 14 and 24, respectively, of this legal body, may only be provided for 1 January 1991. ' And as soon as I have had the right to approve and to sanction it, I shall therefore promulgate and take effect as follows: Law of the Republic. Santiago, July 13, 1990.-PATRICIO AYLWIN AZOCAR, President of the Republic.-Enrique Krauss Rusque, Minister of the Interior.-Alejandro Foxley Rioseco, Minister of Finance. What I transcribe to you for your knowledge.-Salute to you-Belisario Velasco Baraona, Undersecretary of the Interior.