Whereby Provisions For The Promotion Of Sport, Recreation, Use Of Leisure Time And Physical Education Are Taught And The National Sports System Is Created

Original Language Title: Por la cual se dictan disposiciones para el fomento del deporte, la recreación, el aprovechamiento del tiempo libre y la Educación Física y se crea el Sistema Nacional del Deporte

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181 OF 1995

(January 18)

Official Journal No. 41,679 of 18 January 1995

For which provisions are made for the promotion of sport, recreation, the use of free time and Physical Education and the National System of Sport is created

THE CONGRESS OF COLOMBIA,

DECRETA:

TITLE I.

PRELIMINARY RULES

CHAPTER I.

GENERAL OBJECTIVES AND RECTORS OF THE LAW

ARTICLE 1o. The general objectives of this Law are sponsorship, promotion, massification, dissemination, planning, coordination, execution and advice of the practice of sport, the recreation and use of free time and the promotion of the after-school education of children and youth at all levels and social standards of the country, in the development of the right of all persons to exercise free access to a appropriate physical and spiritual training. Also, the implementation and promotion of physical education to contribute to the integral formation of the person at all ages and to facilitate the effective fulfillment of his obligations as a member of society.

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ARTICLE 2o. The special purpose of this Law is the creation of the National System of Sport, recreation, the use of free time, after-school education and physical education.

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ARTICLE 3o. To ensure the access of the individual and the community to the knowledge and practice of sport, recreation and the use of free time, the State shall take into account the following objectives: rectors:

1o. Integrate education and physical, sports and recreational activities into the general education system at all levels.

2o. To promote, protect, support and regulate the sports association in all its manifestations as a suitable framework for sports and recreation practices.

3o. To coordinate sports management with the functions of the territorial entities in the field of sport and recreation and to support the development of these.

4o. Formulate and implement special programs for physical education, sports, and recreation of people with physical, psychological, sensory, elderly and social disabilities, and the most needy social sectors, creating more facilities and opportunities for the practice of sport, physical education and recreation.

5. Encourage the creation of spaces that facilitate physical activity, sport and recreation as a habit of health and improvement of the quality of life and social welfare, especially in the social sectors most in need.

6. Promote and plan competitive and high performance sport, in coordination with sports federations and other competent authorities, ensuring that it is developed in accordance with the principles of the Olympic movement.

7. Order and disseminate the knowledge and teaching of sport and recreation, and encourage sports schools for the training and improvement of practitioners and take care of sports practice in school age, its continuity and efficiency.

8. To train the necessary personnel to improve the technical quality of the sport, the recreation and the use of the free time, with permanent updating and improvement of its knowledge.

9. To ensure compliance with the standards established for the safety of the participants and spectators in the sports activities, for the medical control of the athletes and for the physical and sanitary conditions of the sports scenarios.

10. To stimulate scientific research of the sciences applied to sport, for the improvement of its techniques and modernization of sports.

11. Ensure that sports practice is free of violence and any action or manifestation that can alter the results of the competitions by means of extra sports.

12. Plan and schedule the construction of sports facilities with the necessary equipment, seeking their optimal use and use of equipment and materials for the practice of sport and recreation.

13. Ensure that the municipalities issue urban regulations that include the reserve of sufficient spaces and minimum infrastructures to cover social and collective needs of a sporting and recreational nature.

14. Promote the manifestations of sport and recreation in cultural, folk or traditional expressions and in typical festivals, rooted in the national territory, and in all those acts that create awareness of the sport and reaffirm the national identity.

15. Compile, supply and disseminate information and documentation related to physical education, sport and recreation and in particular those related to the results of research and studies on programmes, technical experiences and Scientific and technical

16. To promote the appropriate social security of sportsmen and women and to ensure their permanent implementation.

17. Contribute to the development of family, school, and after-school education for children and youth to use free time, sport and recreation as fundamental elements in their integral training process. as in the Community.

18. To support in a special way the promotion of sport and recreation in indigenous communities at local, regional and national levels, representing their cultures.

CHAPTER II.

FUNDAMENTAL PRINCIPLES

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ARTICLE 4. SOCIAL RIGHT. Sport, recreation and the use of free time are fundamental elements of education and a basic factor in the integral formation of the person. Its promotion, development and practice are an integral part of the public education service and constitute public social spending, under the following principles:

Universality. All inhabitants of the national territory have the right to the practice of sport and recreation and to the use of free time.

Community participation. The community has the right to participate in the processes of concertation, control and surveillance of the state management in the practice of sport, recreation and the use of free time.

Citizen participation. It is the duty of all citizens to promote the practice of sport, recreation and the use of free time, individually, family and community.

Functional integration. Public or private entities dedicated to the promotion, development and practice of sport, recreation and the use of free time, will contribute in a harmonious and concerted way to the fulfillment of their aims, through the integration of functions, actions and resources, in the terms set out in this Law.

Democratization. The State shall guarantee the democratic participation of its inhabitants in order to organize the practice of sport, recreation and the use of free time, without any discrimination of race, creed, condition or sex.

Sports ethics. The practice of sport, recreation and the use of free time, will preserve the healthy competition, pundonor and respect to the norms and regulations of such activities. Sporting bodies and participants in various sporting practices should be subject to disciplinary regimes of their own, without prejudice to the relevant legal responsibilities.

TITLE II.

OF RECREATION, THE USE OF FREE TIME AND AFTER-SCHOOL EDUCATION

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ARTICLE 5o. It is understood that:

The 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 the potentialities of the human being for its realization and improvement of the quality of life. individual and social, through the practice of physical activities or entertainment intellectuals.

The use of free time. It is the constructive use that the human being makes of him, in the benefit of his personal enrichment and the enjoyment of life in an individual or collective way. It has as basic functions the rest, the fun, the complement of the formation, the socialization, the creativity, the personal development, the liberation in the work and the psychobiological recovery.

After-school education. It is the one that uses free time, recreation and sport as fundamental instruments for the integral formation of children and young people and for the transformation of the youth world with the purpose of incorporating their ideas, values and its own internal dynamism to the nation's development process. This education complements that provided by the family and the school and is carried out through organizations, associations or movements for children or youth and non-profit institutions that aim to provide this service to the new generations.

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ARTICLE 6o. It is a mandatory function of all public and private institutions of a social character, sponsoring, promoting, executing, directing and controlling recreation activities, for which they will develop programs for the development and encouragement of this activity, in accordance with the National Recreation Plan. The greater responsibility in the field of recreation corresponds to the State and the Family Compensation Boxes. Equally, with the support of Coldesports they will drive and develop recreation, popular recreation organizations and popular recreation corporations.

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ARTICLE 7o. Department and municipal sports entities will coordinate and promote the execution of recreational programs for the community, in association with public or private entities that advance this class. of programs in their respective jurisdiction.

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ARTICLE 8. The municipal sports bodies will implement the recreation programs with their communities, applying principles of community participation. For the purpose, they will create a Rec Committee with interagency participation and assign specific resources to it.

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ARTICLE 9o. The Ministry of National Education, Colsports, and local authorities will encourage the development of the after-school education of children and youth. For this effect:

1o. Encourage the training of educators in the after-school field and the training of youth leaders to promote the creation of associations and movements of children and young people that through the constructive use of free time will serve the community and his own training.

2o. They will provide the communities with appropriate pedagogical spaces for the development of after-school education in the environment or different places of family and school, such as youth houses, specialized cultural centers for young people, or social promotion centres, as well as sports and recreational facilities.

3o. Public institutions shall, directly or through non-profit private entities, carry out after-school education programmes. For this purpose, contracts may be concluded which may be financed by means of money intended for the purposes of this Law.

TITLE III.

PHYSICAL EDUCATION

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ARTICLE 10. Entend to Physical Education the scientific discipline whose object of study is the body expression of man and the incidence of movement in integral development and improvement of the health and quality of life of individuals subject to the provisions of Law 115 of 1994.

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ARTICLE 11. Corresponds to the Ministry of National Education, the responsibility of directing, orienting, training and controlling the development of the curricula of the area of Physical Education Pre-school, Primary Basic, Secondary Education and specialized school institutions for persons with physical, psychological and sensory disabilities, and determine the strategies of training and professional improvement of the human resource.

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ARTICLE 12. Corresponds to the Colombian Institute of Sport, Colsports, the responsibility of directing, orienting, coordinating and controlling the development of non-school physical education as a social factor and determine policies, plans, programs and strategies for their development, for health, welfare, and physical condition for children, youth, adults, persons with limitations, and seniors.

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ARTICLE 13. The Colombian Institute of Sport, Colsports, will promote scientific research and intellectual production, for a better development of Physical Education in Colombia. It will also promote the development of national physical condition improvement programs, as well as update and training events.

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ARTICLE 14. The departmental and municipal sports entities will jointly design with the appropriate education secretariats the programs necessary to achieve the objectives of the General Education Law and will compete financially for the advancement of specific programs, such as centers of physical education centers of initiation and sports training school recreational festivals and intercollegiate games.

TITLE IV.

OF THE DEPORT

CHAPTER I.

DEFINITIONS AND CLASSIFICATION

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ARTICLE 15. Sport in general, is the specific human behavior characterized by a playful attitude and a competitive desire to check or challenge, expressed through bodily and mental exercise, within disciplines and pre-established rules aimed at generating moral, civic and social values.

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ARTICLE 16. Among others, the ways in which sport is developed are as follows:

Training Sport. It is the one that aims to contribute to the integral development of the individual. It includes the processes of initiation, foundation and sports improvement. It takes place both in the formal and non-formal education sector programmes and in the deschool programmes of the Sports Training Schools and the like.

Community social sport. It is the use of sport for recreation, recreation and physical development of the community. It seeks integration, rest and creativity. It is carried out through inter-institutional action and community participation for the improvement of the quality of life.

University sport. It is the one that complements the training of higher education students. It takes place in the academic and university welfare programs of the educational institutions defined by Law 30 of 1992. Its regulation will be in accordance with the rules governing higher education.

Associated Sport. It is the development by a set of private entities organized hierarchically in order to develop activities and programs of competitive sport of municipal, departmental, national and international that have as object the high performance of the athletes affiliated to them.

Competitive sport. It is the set of competitions, events and tournaments, whose primary objective is to achieve a qualified technical level. Its management corresponds to the organisms that make up the structure of the associated sport.

High performance sport. It is the sports practice of organization and higher level. It includes integral processes oriented towards the improvement of the physical and technical qualities and conditions of sportsmen and women, through the use of technological and scientific advances.

Amateur sport. It is the one who does not admit payment or compensation in favor of the players or competitors other than the amount of the actual expenses incurred during the exercise of the corresponding sports activity.

Professional sport. It is the one that admits as competitors to natural persons under remuneration, in accordance with the norms of the respective international federation.

CHAPTER II.

RULES FOR THE PROMOTION OF SPORT AND RECREATION

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ARTICLE 17. The Sport and Community Sport is part of the National System of Sport and plans, in agreement with the Ministry of National Education, the teaching and constructive use of time free and education in the environment, for personal improvement and service to the community, designing activities in sport and recreation for children, youth, adults and seniors.

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ARTICLE 18. The establishments that offer the education service by levels and degrees will have infrastructure for the development of sports and recreational activities, in compliance with Article 141 of Law 115 of 1994.

the Colombian Institute of Sport, in addition to the technical advice required, will be able to co-finance the sports structures, as well as to determine the criteria for its proper and rational use for sports promotion purposes. and community participation.

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ARTICLE 19. The institutions of higher education, public and private, must have sports and recreational infrastructure, their own or guaranteed by means of agreements, appropriate to the student population. attend, within a period of no more than five (5) years, for which they may use the lines of credit provided for in Article 130 of Law 30 of 1992.

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ARTICLE 20. The public and private institutions of higher education, will form sports clubs according to their characteristics and resources, to guarantee their students the initiation and continuity in sports learning and development, contributing to the orderly practice of sport, and supporting the training of the most outstanding for competitive and high performance sport. These clubs may have the backing of the legal personality of the respective institution of higher education.

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ARTICLE 21. The institutions of higher education, public and private, will develop extracurricular programs for sports teaching and practice, following the criteria of the Ministry of National Education and shall establish special mechanisms to enable high performance athletes registered in their academic programmes, the exercise and practice of their sporting activities.

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ARTICLE 22.

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ARTICLE 23. In compliance with Article 21 of Law 50 of 1990, companies with more than 50 employees will program sports, recreation, cultural and training events directly through the family compensation cases or by agreement with specialised entities. The boxes will have to develop programs to promote sport, recreation, the use of free time and community participation for workers of affiliated companies. For the purposes of this Law, family compensation cases will give priority to the conclusion of agreements with the Colombian Institute of Sport-Colsports, and with departmental and municipal sports entities.

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ARTICLE 24. The bodies that make up the National System of Sport will encourage the participation of people with physical, sensory and mental limitations in their sports programs, recreation, The use of free time and physical education, 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, idiosyncrasies and cultural trends of the communities.

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ARTICLE 25. The Colombian Institute of Sport will design training and competition programs aimed at members of ethnic groups, preserving their cultural identity. It will also promote sport, recreation and the use of free time in agricultural workers and seniors.

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ARTICLE 26. Pursuant to the provisions of Chapter III of Law 9a. In 1989, the Director General of the Colombian Institute of Sport will be able to bring forward directly or through the Governor, the Mayor or the public entity receiving or related, the process of voluntary disposal or expropriation of buildings for the effects of Article 10 (f) of the same law.

PARAGRAFO. The Recreation and Sport Social Infrastructure Construction Project must be included in the National Development Plan.

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ARTICLE 27. The Urban Renewal Projects referred to in Article 39 of Law 9a. of 1989 and the new urbanization projects that will be approved as of the validity of this Law, will have to contemplate infrastructure for the development of sports, recreational activities and the use of the free time that obey to the community sports needs and trends in their area of influence, in accordance with regulations issued by the Municipal Councils.

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ARTICLE 28. The structure and legal status of the associated sport is determined by Decree-Law 2845 of 1984, Decree-Law 3158 of 1984, its regulatory norms and other rules that modify it, or complement. The entities of the associated sport are part of the National System of Sport and are holders of the rights of commercial exploitation of transmission or advertising in the events of the Competitive Sport organized by them, as well as of the placing on the market of the scenarios, as established by Law 16 of 1991.

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ARTICLE 29. 1 of Law 1445 of 2011. The new text is as follows: > Clubs with professional sportsmen should organize themselves or as Corporations or Sports Associations, as provided in the Civil Code, or as Limited Companies, as provided for in the Code of Commerce, in accordance with the requirements set out in this Law.

PARAGRAFO 1o. After the end of six (6) months counted from the entry into force of this law, no natural or legal person shall be entitled to more than one (1) vote, regardless of the number of titles Membership, rights or contributions you have in the clubs with professional athletes organized as Corporate or Sports Associations.

PARAGRAFO 2o. No natural or legal person may have control in more than one club of the same sport, either directly or by person.

PARAGRAFO 3o. Clubs with professional sportspersons who decide to register or register their securities in the National Registry of Securities and Issuers (RNVE) will be subject to the rules of the market of values in your sender condition.

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ARTICLE 30. 2 of Law 1445 of 2011. The new text is as follows: > Clubs with professional sportspersons organised as joint stock companies must have at least five (5) shareholders.

The minimum number of club members with professional sportspersons organized as corporations or sports associations, will be determined by the sum of the initial contributions, according to the following ranges:

Social Fund
Number of
100 to 1,000 minimum wages 100
from 1,001 to 2,000 minimum wages 500
from 2,001 to 3,000 minimum wages 1,000
From 3.001 onwards 1,500

PARAGRAFO 1o. Football clubs with professional sportspersons organized as Corporations or Associations must have at least five hundred (500) affiliates or contributors.

PARAGRAFO 2o. Without prejudice to the amount of the authorized capital, clubs with professional athletes from different disciplines of football, organized as Limited Societies, may in no case have a subscribed capital and paid to the date of the constitution or conversion of less than one hundred (100) current minimum statutory statutory wages.

PARAGRAFO 3o. Clubs with professional football sportspersons organized as Limited Companies, in no case may have a subscribed capital and paid to the date of the constitution or conversion less than a thousand (1,000) current monthly minimum legal wages.

PARAGRAFO 4o. The minimum amount required as a social fund or subscribed and paid capital for clubs with professional athletes, regardless of their organizational form, should be maintained throughout their operation. The violation of this ban will result in the suspension of sports recognition. The recidivism in such violation will result in the revocation of the sports recognition. This paragraph shall begin to rule six (6) months after its enactment.

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ARTICLE 31. 3 of Law 1445 of 2011. The new text is as follows: > Individuals or legal persons who acquire contributions and/or actions in the clubs with professional athletes, must prove the origin of their capital, before the respective club, this in turn will have the the obligation to send it to the Colombian Institute of Sport (Coldeportes), who may require the other public and private entities to provide the information necessary to verify the origin of the same and to conclude the interadministrative agreements that there is a place for that purpose. Without prejudice to the fact that this information may be required for clubs with professional sportspersons by the Superintendence of Societies or the Financial Superintendency in the development of their supervisory functions.

PARAGRAFO 1o. The information referred to in this article will be reserved and maintained by the Colombian Institute of Sport (Coldeportes) or by any other State entity, with such character.

PARAGRAFO 2o. Clubs with professional athletes will be required to refer to the Financial Analysis and Information Unit (UIAF) of the Ministry of Finance and Public Credit. reports:

Suspicious Operations Report (ROS). Clubs with professional sportspersons shall immediately forward any relevant information on the management of funds the amount or characteristics of which do not relate to the economic activity of their partners, partners, shareholders, directors, workers, players, among others; or about transactions which, by their number, by the quantities transacted or by their particular characteristics, can reasonably lead to suspect that they are using the club with professional sportsmen to transfer, manage, take advantage of or invest money or resources arising from criminal activities and/or the financing of terrorism.

Player Transfer and Sports Rights Report. Clubs with professional sportspersons must submit to the Financial Information and Analysis Unit (UIAF) of the Ministry of Finance and Public Credit within thirty (30) days following the transfer or transfer of the rights (a) the information relating to such operations, both at national and international level, of the players.

Shareholders or Associates report. Clubs with professional athletes will have to submit semi-annually to the Financial Information and Analysis Unit (UIAF) of the Ministry of Finance and Public Credit the information corresponding to their shareholders or associates. For this purpose, they must indicate the names and names or social reasons, the personal and tax identification, the contribution made, the number of shares, the value and percentage of the participation in relation to the social capital, as well as any novelty in this relationship. This is without prejudice to the duty to send them when the Financial Information and Analysis Unit (UIAF) requests it.

The previous reports and the others that according to their competence require the Unit of Financial Information and Analysis (UIAF) must be transmitted to that entity in the form and under the conditions that it establishes.

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ARTICLE 32. Only clubs with professional or amateur athletes, may be holders of the sports rights of the players or athletes. Consequently, it is prohibited for those who have a decision of their authorities that the value they receive for such rights belongs or is given to natural or legal person other than the same owning club.

In addition to the requirements required by each federation, registration is required:

a) Express and written acceptance of the player or sportsperson;

b) Previous processing of the sports tab;

c) Contract of work registered with the respective sports federation and the Colombian Institute of Sport-Colsports.

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ARTICLE 33. Clubs must register with the Colombian Institute of Sport the totality of the sports rights of the players or athletes registered in their records, as well as the transfers that of the same are made, within thirty (30) days following the realization of these. Colsports will establish how clubs will have to meet this requirement.

Clubs with professional athletes will not be able to register as amateur athletes who have acted in more than twenty-five (25) matches or 0competitions in professional tournaments or have been part of the staff. professional for one (1) year or more.

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ARTICLE 34. Understand the sports rights of the players or athletes, the faculty exclusive that the Clubs have Sport of registering, registering or authorizing the performance of a player whose transfer letter corresponds to him, in accordance with the provisions of the respective federation. (No professional club may transfer more than two (2) players or sportspersons on loan to the same club, within the same tournament.

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ARTICLE 35. Conventions that are concluded between sports bodies on transfers of professional athletes are not considered as part of the employment contracts. In the light of these conventions, the freedom of work of sportsmen and women will not be possible. Upon completion of the work contract, the temporarily transferred professional player will return to the club that owns his or her sports right. If the club owns the sports right, it will not formally offer a new labor contract or temporary transfer to the player, within a period of no more than six (6) months, the player will be free to negotiate with other clubs, in accordance with international regulations, without prejudice to the labor actions that favor the player.

TITLE V.

SOCIAL SECURITY AND STIMULUS FOR SPORTSPEOPLE

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ARTICLE 36. Colombian sportsmen and women who, as of the validity of this Law, receive recognition at national, international, Olympic or world championships recognized by Coldesports in categories of Gold, silver or bronze, individually or by equipment, shall be entitled to the following stimuli:

1o. Life insurance, invalidity.

2o. Social security in health.

3o. Funeral aid.

These stimuli will be effective from the recognition obtained by the sportsman and during the term that is maintained as the holder of the same. In order to access them, the holder must demonstrate income below five (5) minimum legal wages in force or family income below ten (10) minimum legal wages in force.

PARAGRAFO. The amount of these stimuli will be defined and regulated by the Board of Directors of the Colombian Institute of Sport-Colsports and their recognition or payment will be made from the budget of the same Institute.

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ARTICLE 37. The Colombian Institute of Sport, Coldesports will develop special programs of psychological preparation and social recovery for athletes with official recognition, affected by the drug addiction or alcoholism, in order to preserve them in the use of their sports experience and citizen example.

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ARTICLE 38. The public institutions whose object is the granting of educational credits, will develop special programs for the granting of credits to Colombian sportsmen and women with recognitions. previously endorsed by Colsports at national, international or official world championships, in the gold, silver and bronze modalities.

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ARTICLE 39. The public institutions of secondary and higher education will exonerate the payment of all the rights of study to the Colombian athletes referred to in the article 36 of this Act, during the term that they are held as holders of the sports recognition as long as they demonstrate their own working income of less than two (2) current minimum legal wages or income family less than five (5) current minimum legal wages.

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ARTICLE 40. Municipalities and departments will give job opportunities to recognized Colombian sportsmen and women who refer to previous articles including those who obtain recognition in championships. Official character departmental.

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ARTICLE 41. 10% of the number of baccaleres recruited for compulsory military service, will comply with this legal duty, by joining the Civic Sports Service of its municipality, coordinated by the command of the National Police of the municipality and the corresponding municipal sports body. For such a service, the high school students who are athletes according to the official records of the associated sport will be preferred.

PARAGRAFO. The Colombian Institute of Sport, Coldesports, will train this staff for the activities and programs of the sports and recreational plan of the municipalities.

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