Whereby The Organic Law Establishing Development Plan

Original Language Title: Por la cual se establece la Ley Orgánica del Plan de Desarrollo

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152 OF 1994

(July 15)

Official Journal No. 41.450 of July 19, 1994

For which the Organic Law of the Development Plan is established

THE CONGRESS OF COLOMBIA,

DECRETA:

CHAPTER I.

GENERAL PRINCIPLES

ARTICLE 1o. PURPOSES. This Law is intended to establish procedures and mechanisms for the elaboration, approval, implementation, monitoring, evaluation and control of development plans, as well as the regulation of other aspects referred to in Article 342, and in general by Chapter 2o. of Title XII of the Political Constitution and other constitutional norms relating to the development plan and planning.

Act 388 of 1997; Art. 1, numeral 1o.

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ARTICLE 2o. IMPLEMENTATION OF THE APPLICATION. The Organic Law of the Development Plan will apply to the Nation, the territorial entities and the public agencies of all order.

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ARTICLE 3o. GENERAL PRINCIPLES. The general principles governing the actions of national, regional and territorial authorities in the field of planning are:

a) Autonomy. The Nation and the territorial entities shall freely exercise their functions in the field of planning with strict subjection to the powers that each of them has been specifically assigned in the Constitution and the law, as well as to the provisions and principles contained in this Organic Law;

b) Ordination of competencies. The content of the development plans shall take into account, for the purposes of the exercise of the respective powers, compliance with the criteria for competition, complementarity and subsidiarity;

c) Coordination. The national, regional and territorial authorities must ensure that there is due harmony and consistency between the activities carried out within and in relation to the other bodies. territorial, for the purposes of the formulation, implementation and evaluation of its development plans;

d) Consistency. 9 of Law 1473 of 2011. Rules from 1o. January 2012; see in Previous Legislation the text in force until this date. The new text is as follows: > In order to ensure macroeconomic and financial stability, the spending plans arising from development plans should be consistent with revenue and funding projections, according to the restrictions of the public sector financial programme and financial programming for the entire economy which is consistent with that stability. Consistency with the tax rule contained in the Medium Term Fiscal Framework should be ensured.

e) Priority of social public spending. In order to ensure the progressive consolidation of the general well-being and the improvement of the quality of life of the population, in the elaboration, approval and implementation of the plans for the development of the Nation and the territorial entities must be as a special criterion in the territorial distribution of public expenditure, the number of people with basic unmet needs, population and fiscal and administrative efficiency, and that social public expenditure takes precedence over any other assignment;

f) Continuity. In order to ensure the real implementation of the plans, programmes and projects that are included in the national development plans and the territorial entities, the respective planning authorities will propose because they will have a capstone;

g) Participation. During the process of discussion of the development plans, the planning authorities will ensure that the procedures for citizen participation provided for in this Law are effective;

h) Environmental Sustainability. To enable socio-economic development in harmony with the natural environment, the development plans must consider in their strategies, programs and projects, criteria that allow them to estimate the environmental costs and benefits to define the actions to ensure adequate environmental supply to current and future generations;

i) Harmonic development of the regions. Development plans will provide for the equitable distribution of opportunities and benefits as basic development factors for the regions;

j) Planning process. The development plan shall establish the core elements that comprise planning as a continuous activity, taking into account the formulation, approval, implementation, monitoring and evaluation;

k) Efficiency. For the development of the plan guidelines and in the implementation of the action plans, the use of the necessary financial, human and technical resources must be optimized, taking into account that the relationship between the benefits and the costs that it generates is positive;

l) Viability. The programmes and projects of the development plan must be feasible to achieve, according to, the proposed goals and the time available to achieve them, taking into account the capacity of administration, implementation and the financial resources to which can be accessed;

m) Coherence. Development plan programs and projects must have an effective relationship with the strategies and objectives set out in it;

n) Conforming development plans. In accordance with the provisions of article 339 of the National Constitution, plans for the development of national and territorial levels will be shaped by a general part of the and by an investment plan of an operational nature. For the purposes of drawing up investment plans and with the purpose of ensuring consistency and complementarity in their preparation, the Nation and the territorial entities will have to keep updated programs and project banks.

PARAGRAFO. For the purpose of this article's literal d) it is understood by:

Concurrency. When two or more planning authorities need to develop activities together towards a common purpose, having faculties of different levels their performance should be timely and procuring the greatest efficiency and respecting each other's powers of competence.

Subsidiarity. The planning authorities of the wider level must support those who lack the technical capacity for the timely preparation of the development plan.

Complementarity. In the exercise of the competencies in the field of planning, the authorities will act in collaboration with the other authorities, within their functional orbit in order to develop the Full effectiveness.

CHAPTER II.

THE NATIONAL DEVELOPMENT PLAN

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ARTICLE 4. FORMATION OF THE NATIONAL DEVELOPMENT PLAN. In accordance with the provisions of Article 339 of the Political Constitution, the National Development Plan will be made up of general and an investment plan of public entities in the national order.

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ARTICLE 5o. CONTENT FROM THE GENERAL PART OF THE PLAN. The general part of the plan will contain the following:

(a) The national and sectoral objectives of the medium-and long-term state action as a result of the overall diagnosis of the economy and its main sectors and social groups;

b) The national and sectoral goals of medium-and long-term state action and the general procedures and mechanisms for achieving them;

c) The economic, social and environmental strategies and policies that will guide government action to achieve the goals and goals that have been defined;

d) The pointing out of forms, means and instruments for linking and harmonizing national planning with sectoral, regional, departmental, municipal, district and indigenous territorial entities; and territorial entities which are constituted in accordance with the existing constitutional rules.

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ARTICLE 6o. CONTENT OF THE INVESTMENT PLAN. The investment plan of the public entities of the national order shall include primarily:

(a) The projection of the financial resources available for their implementation and their harmonisation with public spending plans;

(b) The description of the main programmes and sub-programmes, with an indication of their national, regional and sectoral objectives and targets and priority investment projects;

c) The multi-annual budgets by which the costs of the most important public investment programmes referred to in the general part will be projected;

d) The specification of the appropriate mechanisms for their execution.

PARAGRAFO. 10 of Act 1473 of 2011. Rules from 1o. January 2012. The new text is as follows: > The Investment Plan of the National Development Plan Bill should be consistent with the fiscal rule contained in the Medium Term Fiscal Framework.

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ARTICLE 7o. MULTIANNUAL BUDGETS. It is understood by multi-annual budgets that the costs and sources of financing of major public investment programs and projects will be projected, when they require more than one effective implementation. tax.

When the implementation of long-term projects has been initiated in a sector or sectors of public investment, before the start of other projects, it will be ensured that the first ones are guaranteed financing until their completion.

CHAPTER III.

NATIONAL PLANNING AUTHORITIES

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ARTICLE 8o. NATIONAL PLANNING AUTHORITIES AND AUTHORITIES. They are national planning authorities:

1. The President of the Republic, who is the top guide to national planning.

2. The National Council for Economic and Social Policy (Conpes) and the Social Conpes.

3. The National Planning Department, which will exercise the Secretariat of the Conpes, will also develop the planning guidelines provided by the President of the Republic, and coordinate the work of formulating the plan with the ministries, administrative departments, territorial entities, administrative and planning regions.

4. The Ministry of Finance and Public Credit, which will ensure the consistency of the budgetary aspects of the plan with the annual budget laws.

5. The other Ministries and Administrative Departments in their functional area, in accordance with the guidelines of the previous authorities.

National planning instances:

1. The Congress of the Republic.

2. The National Planning Council.

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ARTICLE 9o. NATIONAL PLANNING COUNCIL. The National Planning will be convened by the Government to settle once the President has taken office, and will be composed of those persons appointed by the President of the Republic, lists that submit the relevant authorities and organisations, as follows:

1. On behalf of the territorial authorities their maximum administrative authorities shall:

Four (4) by the municipalities and districts, four (4) by the provinces that will become territorial entities, five (5) by the departments, one by the indigenous territorial entities, and one by each region that I will reach to conform to the provisions of article 307 of the Political Constitution.

PARAGRAFO. The representation of the municipalities and districts, the provinces and departments, will correspond to the territorial jurisdiction of each of the current Corpes, according to terns that for each of these jurisdictions present for the effect.

For these purposes, it should be noted that the governors that are appointed come from departments other than those belonging to the mayors that represent the municipalities and districts.

This criterion will also apply to the case of the provinces.

2. Four on behalf of the economic sectors, chosen from third countries which will develop and present the legally recognized organizations which will send and associate the industrial, agricultural producers, trade, financial institutions, and insurance companies, micro-entrepreneurs and business and service providers.

3. Four on behalf of the social sectors, chosen from third parties who will develop and present the legally recognized organizations that will send or associate the professionals, peasants, employees, workers, independent workers, and informal.

4. Two on behalf of the educational and cultural sector, chosen from third countries presenting the legally recognised national agencies of the universities, the legally recognised organisations which bring together national institutions primary and secondary education of a public or private nature, the legally constituted national organisations, the object of which is scientific, technical or cultural development and the organisations which bring together students at national level university.

PARAGRAFO. There will be at least one representative from the university sector.

5. One on behalf of the ecological sector, chosen from the third country to present the legally recognized organizations whose object is the protection and defense of natural resources and the environment.

6. One on behalf of the Community sector chosen from third countries to submit national agencies, of Community associations with legal status.

7. Five (5) representing indigenous people, ethnic minorities and women; of which one (1) will come from the indigenous, one (1) from the black communities,from the local island communities of the San Andrés, Providencia and Santa Catalina Archipelago, selected from third countries that present the legally recognized national organizations that bring them together, and two (2) women chosen from non-governmental organizations.

PARAGRAFO. The Government shall establish the procedure for the presentation of the lists of the various organizations and entities referred to in this Article for the formation of the National Planning Council, as well as the criteria for its organization and the basic elements of the regulation for its operation.

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ARTICLE 10. QUALITIES AND PERIODS. For the purposes of the designation of members of the National Planning Council, the following criteria shall be taken into account:

The being or having been linked to the activities of the respective sector or territory and possessing technical knowledge or experience in the matters of the sector or region concerned.

Members of the National Planning Council will be appointed for an eight-year term and half of its members will be renewed every four years. In the event in which the number of members of the Council is odd, the number of members to be renewed shall be the equivalent of the equivalent of the ratio to the following integer.

PARAGRAFO. For the purpose of complying with the above, the renewal of half of the members appointed to form the first National Planning Council from the time of this Law will be carried out at the age of four years of being designated, as determined by the National Government.

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ARTICLE 11. DESIGNATION BY THE PRESIDENT. Once the organizations of the authorities and sectors referred to in the previous article submit the corresponding terms for consideration by the President of the Republic, the latter shall appoint the members of the National Planning Council acting as the main criterion of designation, as provided for in Article 10 of this Law. If one (1) month has elapsed since the date on which the National Planning Council has been called to conform, the President of the Republic has not received all the terms of the candidates. requirements that the observance of the designation criteria provided for in the Constitution and the law.

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ARTICLE 12. FUNCTIONS OF THE NATIONAL PLANNING COUNCIL. They are the functions of the National Planning Council:

1. Analyze and discuss the project of the National Development Plan.

2. Organize and coordinate a broad national discussion on the project of the National Development Plan, through the organization of national and regional meetings with the Territorial Planning Councils in which the sectors are involved. economic, social, ecological, community and cultural, in order to effectively guarantee citizen participation in accordance with article 342 of the Political Constitution.

3. Acquit the queries that, on the National Development Plan, formulate the National Government or other planning authorities during the discussion of the plan project.

4. Make recommendations to other authorities and planning bodies on the content and form of the Plan.

5. To conceptualize on the project of the Development Plan developed by the Government.

PARAGRAFO. The National Planning Department will provide the Council with administrative and logistical support that is indispensable for its operation.

CHAPTER IV.

PROCEDURE FOR THE ELABORATION OF THE NATIONAL DEVELOPMENT PLAN.

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ARTICLE 13. PROCESS OF MAKING. The drafting of the National Development Plan, which must be submitted by the Government to the National Congress for the six months following the beginning of the presidential term, will be brought forward in accordance with the provisions of the following items.

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ARTICLE 14. INITIAL FORMULATION. Once the President of the Republic has been elected all the agencies of the administration and in particular, the planning authorities, will lend to him and/or the persons he designates for the effect, the support administrative, technical and information needed to advance the necessary steps to start the development plan formulation.

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ARTICLE 15. COORDINATION OF THE FORMULATION TASKS. The Director of the National Planning Department, will coordinate in accordance with the guidelines given by the President of the Republic, the tasks required to continue the formulation of the development plan, with the ministries, the territorial entities, administrative and planning regions that are organized under the development of article 306 and with the Superior Council of the Judiciary through its Administrative Board.

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ARTICLE 16. ACTIVE PARTICIPATION OF THE TERRITORIAL ENTITIES. The national planning authorities and regional planning entities that will become established will ensure the active participation of the planning authorities of the territorial entities in the plan elaboration process.

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ARTICLE 17. PRESENTATION TO THE CONPES. The Director of the National Planning Department will present to the Conpes the plan of the plan in integral form or by elements or components thereof. The component corresponding to the investment plan must have the previous concept regarding the tax implications of the plan of the plan, issued by the Superior Council of Fiscal Policy, Confis. The Conpes will finally approve a consolidated document containing all the parts of the plan, in accordance with the Constitution and this Law. For these purposes, an expanded Conpes will be held with the members of the Social Conpes and will be invited to participate in representation of the territorial entities, to five (5) governors and five (5) mayors, in correspondence with the jurisdiction of each of the five Corpes that exist today. Likewise, the legal representatives of the regions referred to in Article 307 of the Constitution and the president of the Superior Council of the Judiciary will be invited.

PARAGRAFO. For these purposes, it should be noted that the governors designated come from departments other than those belonging to the mayors representing the municipalities.

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ARTICLE 18. CONCEPT OF THE NATIONAL PLANNING COUNCIL. The plan of the plan, as consolidated document in its various components, will be submitted by the President of the Republic to the consideration of the National Planning Council no later than 15 November, for analysis and discussion of the The Commission is also in the position to give its views on the recommendations it considers appropriate, before 10 January. If, on 10 January, the Council has not acted on all or part of the plan, this requirement shall be deemed to have been set at that date. On November 15, the President of the Republic will send to the Congress a copy of the draft development plan.

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ARTICLE 19. FINAL DRAFT. Oida the opinion of the Council, the Conpes will make the amendments that it considers pertinent after which, the Government through the Ministry of Finance and Public Credit will present the draft to the consideration of the Congress before February 7, for which he will call it extraordinary sessions.

CHAPTER V.

PLAN APPROVAL

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ARTICLE 20. PRESENTATION AND FIRST DEBATE. The project of the National Development Plan will be presented to the Congress of the Republic and will be given first debate in the committees of economic affairs of both Chambers in a joint session, in a term Forty-five day extendable.

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ARTICLE 21. SECOND DEBATE. Based on the report rendered in the first debate, each of the Chambers in plenary will discuss and decide on the project presented in an unextendable term of forty-five days.

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ARTICLE 22. MODIFICATIONS BY CONGRESS. At any time during the legislative process, Congress may introduce modifications to the Public Investment Plan, as long as the financial balance is maintained. For modifications or the inclusion of new programs or investment projects, it will require written approval from the National Government through the Minister of Finance and Public Credit.

When the changes occur in the development of the plenary sessions, it will not be necessary for the project to return to the commissions, but the approval of the other Chamber will always be required. If the latter does not approve them, or introduce modifications, an accidental commission consisting of members of both chambers will be appointed who will address the disagreement and submit the text for approval in the corresponding plenary.

In no case will the modification process extend the term to decide.

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ARTICLE 23. MODIFICATIONS BY THE NATIONAL GOVERNMENT. At any time during the legislative process, the National Government may introduce modifications to any of the parts of the National Development Plan. In the case of amendments to the Public Investment Plan, the same provisions as set out in the preceding article shall be observed, as appropriate.

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ARTICLE 24. PARTICIPATION OF THE NATIONAL PLANNING DIRECTOR. The Director of the National Planning Department will advise the Congress on the analysis of the National Development Plan project and will bring the government's voice to the committee on economic matters, when the president so entrusts him. To this end, it will assist the Constitutional Commissions in order to provide the necessary reports, data and explanations.

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ARTICLE 25. APPROVAL OF THE PLAN BY DECREE. If the National Congress does not approve the National Plan for Public Investments in the three-month term indicated by the Constitution, the government will be able to put into effect, by decree with force of law, the project submitted by the latter.

CHAPTER VI.

PLAN EXECUTION

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ARTICLE 26. PLANTS OF ACTION. Based on the National Development Plan approved by each of the public agencies in every order to which this Law applies, it will prepare its corresponding action plan.

The principles referred to in Article 3or are to be taken into account in the preparation of the action plan and the programming of the expenditure. of this Law, as well as the relevant constitutional and legal provisions.

Plans to be implemented by the national entities with a seat in the territorial entities shall be consulted in advance with the respective planning authorities, in accordance with their powers.

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ARTICLE 27. BANK OF PROGRAMS AND PROJECTS OF NATIONAL INVESTMENT. The Bank of Programs and Projects of National Investment is an instrument for the planning that registers the programs and viable technical, environmental and socio-economic projects, susceptible The financing of the funds from the General Budget of the Nation.

The Ministries, Administrative Departments, the Comptroller's Office, the Office of the Attorney General, the Office of the Prosecutor General, the Office of the Prosecutor General, the Office of the Prosecutor General, and the national authorities will have to prepare and evaluate the programs that will be implemented, in the development of the guidelines for the plan and for the implementation of the action plans.

The National Planning Department will conceptualize such investment programs and register them with the National Investment Programs and Projects Bank.

The National Planning Department will have an obligation to keep updated information that is registered with the National Investment Programs and Projects Bank.

The Bank of National Investment Programs and Projects will be articulated with the Project Management Unit referred to in Article 58 of Law 70 of 1993.

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ARTICLE 28. HARMONIZATION AND SUBJECTION OF OFFICIAL BUDGETS TO THE PLAN. In order to ensure the proper coherence and harmonization between the budget formulation and the National Development Plan, the rules foreseen for the implementation of the plan will be observed. the effect of the organic law of the budget.

CHAPTER VII.

PLAN EVALUATION

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ARTICLE 29. ASSESSMENT. Corresponds to the National Planning Department, as a national planning entity, to design and organize management evaluation systems and management results, both in terms of policies and investment projects, and point out those responsible, terms, and conditions for carrying out the assessment. Such systems shall take into account the fulfilment of the targets, the coverage and quality of the services and the unit costs, and shall establish the procedures and obligations for the provision of the information by the entities.

For the purposes set out in this article, all the national public administration agencies will have to draw up an indicative plan based on the guidelines of the National Development Plan and the functions assigned to it by the law. four-year with annual action plans to be set up at the base for the subsequent evaluation of results.

The National Planning Department will present to the Conpes, in the month of April each year, a report on the outcome of the total evaluations with a document that will be formed in the base for the design of the next investment plan. year.

According to the organization of the system, the main implementing entities will develop their own assessment systems and the DNP will be able to directly or indirectly carry out the evaluation of programs and projects of any kind. responsible national, regional or territorial entity. The organisation of the assessment system shall be established by decree.

PARAGRAFO 1. For the purposes of this article, the principles of efficiency, effectiveness and responsibility shall be applied, as provided by the Organic Law on Territorial Ordinance, as appropriate.

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ARTICLE 30. REPORTS TO CONGRESS. The President of the Republic will present to the Congress, at the beginning of each legislature, a detailed report on the implementation of the National Development Plan and its various components.

Likewise, the President of the Republic, in presenting the income budget and the Appropriations Act to the Congress, will be required to report on the way in which the public investment plan approved in the plan is being implemented. development, supporting the correspondence between this initiative and the National Development Plan.

CHAPTER VIII.

TERRITORIAL ENTITIES DEVELOPMENT PLANS

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ARTICLE 31. CONTENT OF THE DEVELOPMENT PLANS OF THE TERRITORIAL ENTITIES. The development plans of the territorial entities will be shaped by a strategic part and a plan of investments in the medium and short term, in the terms and the conditions that the Departmental Assemblies and the District and Municipal Councils or the administrative authorities that do their times regulate, in accordance with the formulation criteria established in this Law.

The authorities of the indigenous territorial entities will define in the scope and procedures for the elaboration, approval, execution, evaluation and monitoring of the plans, according to their uses and customs, taking into account the principles This Law and making it compatible with the time of presentation and the articulation with the budgetary processes, in such a way that the coordination and coordination of the planning with the authorities of the other territorial entities is achieved and with the Nation.

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ARTICLE 32. SCOPE OF PLANNING IN TERRITORIAL ENTITIES. Territorial entities have autonomy in the area of planning economic, social and environmental management, in the framework of competencies, resources and responsibilities. which has attributed the Constitution and the law to them.

The development plans of the territorial entities, without prejudice to their autonomy, should take into account the policies and strategies of the National Development Plan to ensure coherence.

CHAPTER IX.

PLANNING TERRITORIAL AUTHORITIES AND AUTHORITIES

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ARTICLE 33. AUTHORITIES AND PLANNING AUTHORITIES IN THE TERRITORIAL ENTITIES. They are planning authorities in the territorial entities:

1. The Mayor or Governor, who will be the top planner of the planning in the respective territorial entity.

2. The Council of Municipal, Departmental or District Government, or equivalent dependencies within the administrative structure of the territorial entities that will arise in application of the constitutional norms that authorize their creation.

3. The Secretariat, Administrative Department or Planning Office, which will develop the planning guidelines provided by the Mayor or Governor, will technically direct and coordinate the work of formulating the Plan with the Secretariats and Administrative Departments, and departmental or national decentralized entities operating in the jurisdiction.

4. The other Secretariats, Administrative Departments or Offices specialized in their respective functional scope, in accordance with the guidelines of the preceding authorities.

Are planning instances in territorial entities:

1. The Departmental Assemblies, Municipal Councils, District Councils and Indigenous Territorial Entities, respectively.

2. The Territorial Councils of Municipal, Departmental, District, or Indigenous Territorial Entities, and those equivalent dependencies within the administrative structure of the territorial entities that will arise in application of the constitutional rules authorising its creation.

PARAGRAFO. If new territorial entities arise, the dependencies that within their structures are created and are equivalent to those mentioned in this article, will have the same functional character with respect to those.

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ARTICLE 34. TERRITORIAL PLANNING COUNCILS. The Territorial Planning Councils of the departmental, district or municipal order shall be composed of the persons designated by the Governor or the Mayor of the third party who present the corresponding authorities and organizations, the composition of the Assemblies or Councils, as the case may be.

The territorial councils of the new categories of territorial entities that are believed to be in the development of the current Constitution, will be integrated by the persons who designate their maximum administrative authority, from the terns that present the authorities and organisations, in accordance with the composition defined by the bodies which are equivalent to the administrative corporations existing in the Departments or Municipalities.

These Councils must be integrated by representatives of their territorial jurisdiction in the economic, social, ecological, educational, cultural and community sectors.

The Advisory Council for the Planning of Indigenous Territories will be composed of the traditional indigenous authorities and representatives of all sectors of the communities, designated by the Indigenous Territorial Council, of (a) a list of all sectors of the communities or their organizations.

In order to articulate departmental planning with the city, representatives of the municipalities will participate in the departmental planning council.

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ARTICLE 35. FUNCTIONS OF THE TERRITORIAL PLANNING COUNCILS. These are the functions of the Territorial Planning Councils that are defined for the National Council, as soon as they are compatible, without detriment to others assigned to them. respective administrative corporations.

PARAGRAFO. The planning dependency of the corresponding territorial entity will lend to the respective Council, the administrative and logistic support that is indispensable for its operation.

CHAPTER X.

PROCEDURES FOR TERRITORIAL DEVELOPMENT PLANS

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ARTICLE 36. With regard to the elaboration, approval, implementation, monitoring and evaluation of the development plans of the territorial entities, the same rules as provided for in this Law for the National Plan of Development.

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ARTICLE 37. For the purposes of the corresponding procedure, it is understood that:

a) Instead of the National Department of Planning, the Secretariat, Administrative Department or Planning Office of the territorial entity or the agency will act;

b) Instead of the Conpes, the Governing Council, or the planning authority which is equivalent to it in the other territorial entities, shall act. Instead of the National Planning Council, the respective Territorial Planning Council will be organized in the development of the provisions of this Law;

c) Instead of Congress, the Assembly, Council or the planning instance that is equivalent to it in the other territorial entities.

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ARTICLE 38. THE PLANS OF THE TERRITORIAL ENTITIES. They shall be adopted in order to ensure the efficient use of the resources and the proper performance of their functions. The concertation of the article 339 of the Constitution will proceed when it comes to programs and projects of shared responsibility between the Nation and the territorial entities, or that they must be the subject of co-financing.

The programs and co-financing projects of the territorial entities will have as a priority the social public expenditure and in their territorial distribution will have to take into account the population size, the number of people with basic needs unmet and administrative and fiscal efficiency.

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ARTICLE 39. STATEMENT. For the purpose of drawing up the draft plan, they will be observed as soon as the rules laid down for the National Plan are compatible, but the following must be taken into account in particular:

1. The elected mayor or governor will give the guidelines for the development of the development plans in accordance with the government program presented when registering as a candidate.

2. Once elected the respective Mayor or Governor, all the dependencies of the territorial administration and, in particular, the authorities and planning agencies, will lend to the elected candidates and the people they appoint for the effect, all administrative, technical and information support that is necessary for the preparation of the plan.

The programs and co-financing projects of the territorial entities will have as a priority the social public expenditure and in their territorial distribution the population size, the number of people with basic needs will have to be taken into account (a) Unsatisfied and the fiscal and administrative efficiency.

3. The Mayor or Governor shall present through the secretary of planning or head of the office who does his or her times in the respective territorial entity, for consideration by the Governing Council or the body that does its times, the plan of the plan in integral form or by elements or components thereof.

The Governing Council shall consolidate the document containing all the parts of the plan within two (2) months of the possession of the respective Mayor or Governor in accordance with the Political Constitution and the provisions of the This Law.

4. Simultaneously with the presentation of the draft plan to be considered by the Governing Council or the body that will do its times, the respective territorial administration will convene the Territorial Planning Council.

5. The draft plan as a consolidated document, shall be submitted by the Mayor or Governor for consideration by the Territorial Planning Councils, no later than two (2) months after the date of their possession, for analysis and discussion of it and with the purpose of giving it its concept and formulating the recommendations it deems appropriate.

At the same time, the maximum administrative authority must send a copy of this information to the respective popular choice corporation.

6. The respective Territorial Planning Council shall carry out its work before the end of one (1) month from the date on which the consolidated document of the respective plan has been presented to the Council.

If this month elapses without the respective Territorial Council having met or pronounced on the whole or part of the plan of the plan, it shall consider the requirement on that date to be set.

Both the Territorial Planning Councils, such as the Councils and Assemblies, will verify the correspondence of the plans with the government programs that have been registered at the time of the registration as a candidate for the Mayor or Governor-elect.

PARAGRAFO. The provisions of this article shall apply in respect of the maximum administrative authority and corporation of popular choice of other territorial entities.

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ARTICLE 40. APPROVAL. The plans will be submitted to the consideration of the Assembly or Council within the first four (4) months of the respective term of the Governor or Mayor for approval. The Assembly or Council shall decide on the Plans within the month following its presentation and if that period elapses without taking any decision, the Governor or Mayor may adopt them by decree. For these purposes and if there is a place, the respective Governor or Mayor shall convene extraordinary sessions to the corresponding Assembly or Council. Any modification intended to be introduced by the Assembly or Council must be accepted in advance and in writing by the Governor or Mayor, as the case may be.

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