1995 (January 18)
Official Gazette No. 41679 of January 18, 1995
Whereby provisions for the promotion of sport, recreation, use of leisure time and physical education are taught and the national sports system is created
summary Effective Notes
THE CONGRESS OF COLOMBIA,
DECREES: TITLE I.
PRELIMINARY PROVISIONS CHAPTER I. GENERAL OBJECTIVES AND GUIDING
ARTICLE 1o. The general objectives of this Act are sponsorship, promotion, overcrowding, dissemination, planning, coordination, implementation and advice from the practice of sport, recreation and use of leisure time and promoting formal education of children and youth at all levels and social institutions of the country, developing the right of all people to exercise free access to adequate physical and spiritual training. Likewise, implementation and promotion of physical education to contribute to the integral formation of the person in all ages and facilitate the effective implementation of its obligations as a member of society.
. The special purpose of this Act is the creation of the National Sports System, recreation, use of leisure time, formal education and physical education.
ARTICLE 3. To ensure access of the individual and community knowledge and practice of sport, recreation and use of leisure time, the State shall consider the following guiding objectives:
1o. Integrate education and physical, sports and recreation in the general education system at all levels activities.
2o. Promote, protect, support and regulate the sports association in all its forms as a suitable framework for sports activities and recreation.
3o. Sports management coordinate with the functions of local authorities in the field of sport and recreation and support their development.
4o. Formulate and implement special programs for physical education, sport and recreation for people with physical, psychic, sensory, disabilities, the elderly and the neediest social sectors creating more facilities and opportunities to practice sport, education physical and recreation.
5. Encourage the creation of spaces that facilitate physical activity, sport and recreation as health habit and improving the quality of life and social welfare, especially in the neediest social sectors.
6. Promote and plan the competitive sport and high performance, in coordination with sports federations and other competent authorities, ensuring that it is conducted in accordance with the principles of the Olympic movement.
7. Sort and disseminate knowledge and teaching of sport and recreation, and encourage sports schools for the training and retraining of practitioners and care for sports in school age, continuity and efficiency.
8. Form technically and professionally the need to improve the technical quality of sport, recreation and use of leisure time, with continuous updating and improvement of their specialist knowledge.
9. Ensure compliance with the standards established for the safety of participants and spectators in sporting activities, medical control of athletes and the physical and sanitary conditions of the sports venues.
10. Encourage scientific research in sports sciences, to improve their techniques and modernization of sports.
11. Ensure that the sport is free from violence and any action or statement that would alter the way for extra sports competition results.
12. Planning and scheduling the construction of sports facilities with the necessary equipment, ensuring optimal utilization and use of equipment and materials for the practice of sport and recreation.
13. Ensure that municipalities issued planning rules including reserve sufficient space and minimal infrastructure to meet the social and collective needs of sports and recreational character.
14. Promote the manifestations of sport and recreation in cultural, folkloric or traditional expressions and typical parties, rooted in the country, and all acts that raise awareness of sport and reaffirm the national identity.
15. Compiling, providing and disseminating information and documentation on physical education, sport and recreation and in particular those related to the results of research and studies programs, technical and scientific experiences related to those.
16. Promote adequate social security of athletes and ensure their permanent application.
17. Contribute to the development of family, school and school education of children and youth to use leisure, sport and recreation as fundamental elements in their comprehensive training process both personally and in the community.
18. Especially support the promotion of sport and recreation in indigenous communities at the local, regional and national levels representing their cultures.
CHAPTER II. BASIC PRINCIPLES
ARTICLE 4. SOCIAL LAW. Sports, recreation and use of leisure time, are fundamental elements of education and basic factor in the integral formation of the person. Its promotion, development and practice are an integral part of public education services and public social spending are under the following principles: Effective Jurisprudence
Universality. All inhabitants of the country have the right to sport and recreation and use of leisure time.
Community Participation. The community has the right to participate in consultation processes, control and surveillance of state management in the practice of sport, recreation and use of leisure time.
Citizen Participation. It is the duty of all citizens propender the practice of sport, recreation and use of leisure time, individual, family and community.
Functional integration. Public or private organizations dedicated to the promotion, development and practice of sport, recreation and use of leisure time, will attend a harmonious and concerted to achieve its aims manner, by integrating functions, actions and resources, in the terms established in this Act.
Democratization. The State shall guarantee the democratic participation of the people to organize the practice of sport, recreation and use of leisure time, without discrimination of race, creed, status or sex.
Sports Ethics. The practice of sport, recreation and use of leisure time, preserve healthy competition, self-respect and respect for the rules and regulations of such activities. Sports organizations and participants in the various sporting disciplinary practices should embrace regimes that are themselves subject to the relevant legal responsibilities.
RECREATION, THE USE OF LEISURE AND EDUCATION EXTRACURRICULAR
The 5th ITEM. It is understood that:
recreation. It is a process of participatory and dynamic action, which facilitates understanding life as an experience of enjoyment, creation and freedom in the full development of human potential for implementation and improvement of the quality of individual and social life by physical activities or intellectual recreation.
The use of leisure time. Is the constructive use that man makes him the benefit of personal enrichment and enjoyment of life individually or collectively. Basic functions rest, fun, supplemental training, socialization, creativity, personal development, release in work and sicobiológica recovery.
The formal education. It is used by the leisure, recreation and sport as essential tools for the integral formation of children and young people and to transform the world of youth with the purpose that it would incorporate its ideas, values and its own internal dynamism the development process of the nation. This complements the education provided by the family and school and is performed through organizations, associations or movements for children or youth and non-profit institutions that aim to provide this service to new generations.
ARTICLE 6o. It is mandatory feature of all public and private social institutions, sponsor, promote, implement, manage and control recreational activities, for which elaborate development programs and encouragement of this activity, in accordance with the National Recreation Plan. The greatest responsibility in the field of recreation belongs to the State and the Family Compensation. Similarly, with the support of COLDEPORTES will drive and develop recreation, recreation grassroots organizations and corporations popular recreation.
ARTICLE 7. Departmental and municipal sports authorities coordinate and promote the implementation of recreational programs for the community, in partnership with public or private entities that advance such programs in their respective jurisdiction.
Article 8. Municipal sports bodies run recreation programs in their communities, applying principles of community participation. For this purpose, create a Recreation Committee with interagency participation and allocated specific resources.
Article 9. The Ministry of National Education, COLDEPORTES and local authorities shall promote the development of school education of children and youth. To this effect:
1o. They promote the training of educators in the formal field and the training of youth leaders to promote the creation of associations and movements of children and youth through constructive use of leisure time serve the community and their own training.
2o. They will equip communities with appropriate pedagogical spaces for the development of school education in the environment or different sites of family and school, such as youth centers, specialized cultural youth centers, or centers of social promotion, moreover, sports and recreational facilities.
3o. Public institutions held, directly or through private non-profit, non-formal education programs. For this purpose, contracts may be financed by funds intended for the purpose of dealing with this Law shall be held.
TITLE III. PHYSICAL EDUCATION
Physical Education is understood by scientific discipline whose object of study is the physical expression of man and the incidence of stroke in the integral development and improving the health and quality of life of individuals subject to provisions of Law 115 of 1994
ARTICLE 11. The Ministry of National Education, the responsibility to lead, guide, train and monitor the development of curricula in the area of Physical Education levels Preschool, Basic Primary, Secondary Education and specialized educational institutions for people with physical, psychic and sensory, and identify strategies for training and professional development of human resources disabilities.
ARTICLE 12. It is for the Colombian Sports Institute, COLDEPORTES, the responsibility to lead, guide, coordinate and monitor the development of physical education out of school as a social factor and determine policies, plans, programs and strategies for development, purposes of health, wellness and fitness for children, youth, adults, people with limitations and elderly people.
ARTICLE 13. The Colombian Sports Institute, COLDEPORTES, promote scientific research and intellectual production, for better development of Physical Education in Colombia. Similarly promote the development of national programs to improve the physical condition as well as updating and training events.
ARTICLE 14. The departmental and municipal sports bodies designed jointly with the secretariats of relevant education programs necessary to achieve compliance with the objectives of the Law on General Education and concur financially for the advancement of specific programs, such as centers physical education centers and sports training school initiation recreational festivals and intercollegiate games.
TITLE IV. SPORT
CHAPTER I. DEFINITIONS AND CLASSIFICATION
sport in general, is the specific human behavior characterized by a playful and competitive desire to check or challenge attitude, expressed through body and mental exercise, within established rules and disciplines aimed at generating moral values, civic and social.
ARTICLE 16. Among other things, the ways sport is developed are:
Sport training. It is one that aims to contribute to the integral development of the individual. It comprises the processes of initiation, sports grounds and improvement. It takes place in the programs of formal and non-formal education sector, and in-school programs Schools Training Sports and the like.
Community social Sports. It is the use of sport for recreation, recreation and physical development of the community. Seeks integration, relaxation and creativity. It is done through inter-action and community participation to improve the quality of life.
University Sport. It is one that complements the training of students in higher education. It takes place in academic programs and university educational institutions being defined by Law 30 of 1992. The regulation will be in accordance with the rules governing higher education.
Associated Sport. It is the development of a set of private entities organized hierarchically in order to develop activities and programs competitive sport of municipal, departmental, national and international order which have as their object the high-performance athletes affiliated to them.
Competitive sport. It is the set of competitions, events and tournaments, whose primary objective is to achieve a qualified technician level. Its management corresponds to the organisms that make the sport structure associated.
High performance sport. It is the sports organization and higher level. This includes comprehensive processes towards improving the qualities and techniques of athletes physical conditions, by harnessing scientific and technological advances.
Amateur sport. It is one who accepts payment or compensation to players or competitors other than the amount of actual expenses incurred during the pursuit of the sport.
Professional Sport. It is supported by natural persons as competitors to low pay, in accordance with the rules of the respective international federation.
STANDARDS FOR PROMOTION OF SPORT AND RECREATION
Sports Training and Community is part of the National Sports System and plans, according to the Ministry of National Education, teaching and constructive use of leisure time and education on the environment, personal development and the community service, designing sport and recreation activities for children, youth, adults and seniors.
establishments offering education service levels and degrees will have infrastructure for the development of sports and recreational activities, in accordance with article 141 of Law 115 of 1994.
The Colombian Sports Institute in addition to the technical assistance to be required, it may co-finance structures sportiness and determine the criteria for proper and rational utilization for sports promotion and community participation.
ARTICLE 19. The institutions of higher public and private education, they must have sports and recreational infrastructure itself or through agreements guaranteed appropriate to the student population they serve, within a period not exceeding five (5) years, for which they may use credit lines provided for in Article 130 of Law 30 of 1992. Effective Jurisprudence
ARTICLE 20. The public and private institutions of higher education, will form sports clubs according to their characteristics and resources, to ensure their students initiation and continuity in learning and sports development, contribute to the orderly practice of sport, and support the formation of the highlights for competitive sport and high performance. These clubs will have the support of the legal status of the respective institution of higher education. Effective Jurisprudence
ARTICLE 21. The institutions of higher public and private education, develop school programs for education and sport, following the criteria of the Ministry of National Education and establish special mechanisms that enable high-performance athletes enrolled in its programs academic, exercise and practice of their sport. Effective Jurisprudence
ARTICLE 23. Pursuant to Article 21 of Law 50 of 1990, companies with more than 50 workers scheduled sporting events, recreational, cultural and training directly through the family compensation funds or through an agreement with specialized entities. The boxes should develop programs promoting sports, recreation, use of leisure time and community participation for workers affiliated companies. For the purposes of this Act, the family compensation funds give priority to the conclusion of agreements with the Colombian Institute of Sport - COLDEPORTES, and departmental and municipal sports bodies.
ARTICLE 24. The agencies that comprise the National Sports System will encourage the participation of people with physical, sensory and mental disabilities in their programs of sport, recreation, use of leisure time physical education and guiding them to their rehabilitation and social integration , for which they will work together with the respective organizations. In addition, they will promote regionalization and sports specialization, considering the morphological profiles, idiosyncrasy and cultural trends of communities.
ARTICLE 25. The Colombian Sports Institute will design training programs and competition aimed at members of ethnic groups, preserving their cultural identity. Also promote sport, recreation and use of leisure time farm workers and elderly people.
ARTICLE 26. In accordance with the provisions of Chapter III of Law 9a. 1989, the Director General of the Colombian Institute of Sport may advance directly or through the Governor, Mayor or public entity receiving or linked, the process of voluntary alienation or expropriation of property for the purposes of subparagraph f) of Article 10 the same law.
PARÁGRAFO. Project Construction of Social Infrastructure Recreation and Sport, to be included in the National Development Plan.
ARTICLE 27. Urban Renewal Projects to Article 39 of the 9th Law refers. 1989 and new development projects to be approved after the effective date of this Act, should provide infrastructure for the development of sports, recreation and use of leisure time obeying the needs and sporting community trends in its hinterland, according to the regulations issued by the municipal councils.
ARTICLE 28. The structure and legal regime associated sport, as determined by Decree-Law 2845 of 1984, Decree Law 3158 of 1984, its regulations and other rules rules that modify, add to or complement. Entities sport associated are part of the National Sports System and are holders of the rights of commercial exploitation of transmission or advertising events Competitive Sport organized by them, as well as marketing scenarios, as established by the Act 1991. 16
clubs or professional athletes should be organized as corporations or sports associations, provided for in the Civil Code, or Corporations those provided for in the Commercial Code, in accordance with the requirements set out in this law. PARAGRAPH 1.
. After six (6) months from the entry into force of this law, any person, natural or juridical, shall be entitled to more than one (1) vote, regardless of the number of titles membership rights or contributions which it holds with professional sports clubs organized as corporations or sports associations. PARAGRAPH 2.
. No natural or legal person may have control more than one club in the same sport, directly or through an intermediary. PARAGRAPH 3.
. Clubs with professional athletes who choose to enroll in the National Registry of Securities and Issuers (RNVE) or register their securities in it, will be subject to the standards of the market in its capacity as issuer. Effective Notes
professional sports clubs organized as corporations, should have at least five (5) shareholders.
The minimum number of partners with professional sports clubs organized as corporations or sports associations, will be determined by the sum of the initial contributions, according to the following ranges:
Social Fund number associated
De 100-1000 minimum wage 100
From 1001-2000 minimum wages 500
From 2001-3000 minimum wages 1,000 3,001
From 1500 onwards PARAGRAPH 1.
. Football clubs with professional athletes organized as corporations or associations must have at least five hundred (500) members or contributors. PARAGRAPH 2.
. Notwithstanding the amount of authorized capital, clubs with professional athletes from different disciplines soccer, organized as corporations, in no case may have a subscribed and paid up capital at the date of the constitution or conversion under one hundred (100) monthly minimum wage. PARAGRAPH 3.
. Professional sports clubs with football organized as corporations, in no case may have a subscribed and paid capital at the date of the constitution or conversion less than one thousand (1,000) minimum monthly wage.
PARÁGRAFO 4o. The minimum amount required as social background or subscribed and paid for professional sports clubs with capital regardless of its form of organization, shall be maintained throughout its operation. The violation of this prohibition will lead to the suspension of sporting recognition. The recidivism in this violation will result in the revocation of sporting recognition. This paragraph shall take effect six (6) months after its promulgation. Effective Notes
ARTICLE 31. Individuals or legal persons who purchase inputs and / or shares in clubs with professional athletes, must prove the origin of their capital, to the respective club, this in turn will be obliged to forward it to the Colombian Institute Sports (Coldeportes), who may require other public and private entities the information necessary to verify the origin of these and celebrate inter-administrative agreements that may be required for this purpose. Notwithstanding this information may be required to clubs with professionals from the Superintendency of Companies or the Financial Supervisory developing its oversight athletes. PARAGRAPH 1.
. The information referred to in this article will be reserved and will be maintained by the Colombian Sports Institute (Coldeportes) or any other entity of the State, with such character. PARAGRAPH 2.
. Clubs with professional athletes must submit to the Unit for Information and Financial Analysis (FIAU) of the Ministry of Finance and Public Credit information corresponding to the following reports:
Suspicious Transaction Report (STR). Clubs with professional athletes should submit immediately any relevant information on management of funds whose amount or characteristics unrelated to the economic activity of its partners, associates, shareholders, managers, workers, players, among others; or transactions that by their number, quantities traded or their particular characteristics, may reasonably lead to suspect that they are using the club with professional athletes to transfer, manage, use or invest money or resources from criminal activities and / or terrorist financing.
Rights Report and Transfer of Players Sports. Clubs with professional athletes must submit to the Unit for Information and Financial Analysis (FIAU) of the Ministry of Finance and Public Credit within thirty (30) days of the assignment or transfer of the sporting rights of players, both national and international level, corresponding to those operations.
Report Shareholders or Associates. Clubs with professional athletes must submit semiannually Unit Financial Information and Analysis (FIAU) of the Ministry of Finance and Public Credit corresponding to its shareholders or associated information. For this purpose they must indicate the names and surnames or company name, personal and tax identification, the contribution made, the number of shares, value and percentage of participation in relation to the capital, as well as any developments in this relationship. This notwithstanding the duty to refer them when Unit Financial Information and Analysis (FIAU) request.
The above reports and others according to their competence required Unit Financial Information and Analysis (FIAU) they should be referred to that entity in the manner and under conditions to be specified. Effective Notes
ARTICLE 32. Only clubs with professional athletes or fans may be holders of sports rights of players or athletes. Consequently, it is prohibited to those available by decision of the authorities that the value they receive for such rights owned or delivered to a natural or legal person other club from the same holder. Effective Jurisprudence
In addition to the requirements of each federation for registration is required:
a) express written acceptance player or athlete;
B) Processing of the sport prior record;
C) Employment contract registered with the respective sports federation and the Colombian Institute of Sport - COLDEPORTES.
Clubs must register with the Colombian Sports Institute all the sporting rights of players or athletes entered in their records and transfers thereof are made, within thirty (30) days following completion thereof. Coldeportes establish how clubs should meet this requirement.
Clubs with professional athletes may not be registered as proof amateur athletes who have performed in more than twenty-five (25) parties or 0competencias in professional tournaments or have been part of the professional staff for one (1) year or more .
understood for sporting rights of players or athletes, the exclusive right to have the Sports Clubs to register, register or authorize the performance of a player whose letter of transmittal corresponds, in accordance with the provisions of the respective federation . (No professional club can transfer more than two (2) players or athletes on loan to the same club in the same tournament). Effective Jurisprudence
ARTICLE 35. The agreements concluded between sporting bodies on transfers of professional athletes, are not considered part of the labor contracts. Because of these agreements may not restrict the freedom of work of athletes. Once the contract work is completed, the professional player transferred temporarily return to the owner of the club sports law. If the owner club sports law, not formally offer it a new labor contract or temporary transfer to the player, within no more than six (6) months, the player will be free to negotiate with other clubs, according to the regulations international, without prejudice to labor actions that favor the player. Effective Jurisprudence
TITLE V. SOCIAL SECURITY AND INCENTIVES FOR ATHLETES
ARTICLE 36. The Colombian athletes from the effective date of this Act receive recognition in national, international, Olympic or world championships recognized by COLDEPORTES in categories of gold, silver or bronze, individually or in teams, they will be entitled to following stimuli:
1o. Life insurance, disability.
2o. social security health.
3o. funeral assistance.
These stimuli will be effective from the recognition obtained by the athlete and for the term to remain as owner thereof. To access them, the holder must demonstrate lower earnings than five (5) statutory minimum wages or household incomes less than ten (10) statutory minimum wages.
PARÁGRAFO. The amount of such stimuli will be defined and regulated by the Board of the Colombian Institute of Sport - COLDEPORTES and recognition or payment shall be charged to the budget of the Institute.
ARTICLE 37. The Colombian Sports Institute, COLDEPORTES develop special programs of psychological preparation and social recovery for athletes with official recognition, affected by drug addiction or alcoholism, in order to preserve the use of their sports experience and example citizen .
ARTICLE 38. Public institutions whose purpose is the provision of educational credits, develop special programs for lending to Colombian athletes with awards previously endorsed by COLDEPORTES in national, international or world championships official capacity in the modalities of gold, silver and bronze.
ARTICLE 39. Public institutions of secondary and higher education exonerate payment of all rights of Colombians study that Article 36 of this Law, for the term to remain as owners of sports athletes always recognition they demonstrate own labor income of less than two (2) statutory minimum wages or household incomes below five (5) statutory minimum wages.
ARTICLE 40. The municipalities and departments give job opportunities to Colombian athletes recognized referred to previous articles including obtaining recognition in departmental championships official.
10% the number of graduates recruited for compulsory military service, shall comply with this legal duty by joining the Civic Sports Service of the municipality, coordinated by the command of the National Police of the municipality and the body corresponding municipal sports. For that service will be preferred to high school graduates who are athletes according to official records associated sport.
PARÁGRAFO. The Colombian Sports Institute, COLDEPORTES, this train personnel for the activities and programs of sports and recreational plan of municipalities.