Act 435 1998

Original Language Title: LEY 435 de 1998

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435 OF 1998

(February 10)

Official Journal No. 43,241 of 19 February 1998

For which the exercise of the profession of architecture and its auxiliary professions is regulated, the National Professional Council of Architecture and its auxiliary professions is created, the Code of Professional Ethics is dictated, establishes the Disciplinary Regime for these professions, restructures the National Professional Council of Engineering and Architecture in the National Professional Council of Engineering and its auxiliary professions and other provisions.

Vigency Notes Summary

COLOMBIA CONGRESS

DECRETA:

TITLE I.

OF THE ARCHITECTURE PROFESSION AND ITS AUXILIARY PROFESSIONS

ARTICLE 1o. DEFINITIONS. For all the legal effects, understand by architecture, the profession at the university level, whose training consists in the art of designing and creating spaces, of building material works for the use and comfort of human beings, whose field of action is fundamentally developed with a set of technical and artistic principles that regulate such art.

The professional exercise of architecture is the activity developed by architects in terms of design, construction, expansion, preservation, alteration or restoration of a building or group of buildings. This professional exercise includes strategic planning and land use, urban planning and urban design. In the development of the above activities, the architect can carry out preliminary studies, designs, models, drawings, specifications and technical documentation, coordination of technical documentation and activities of other professionals specialized, planning, economics, coordination, administration and monitoring of the project and the construction.

They are auxiliary professions of architecture, those covered by the academic title of technical vocational training, technological, conferred by institutions of higher education, legally authorized and having relation to the execution or the development of the tasks, works or activities of the architecture in any of its branches.

TITLE II.

EXERCISING THE PROFESSION OF ARCHITECTURE AND ITS AUXILIARY PROFESSIONS

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ARTICLE 2o. . For the purposes of this law, it is understood by the exercise of the profession of architecture, the activity developed by the Architects in terms of:

a) Architectural and urban design, preliminary studies, models, drawings, technical documentation and specification, drawing up of plans of basic schemes, pre-projects and architectural and urban projects;

b) Realization of construction budget, cost control, contract management, and project management;

c) Construction, expansion, restoration and preservation of works of architecture and urbanism, comprising among others the execution of programs and the control of them, whatever the contractual modality used, as long as they are circumscribe within its action field;

d) Interventory of projects and constructs;

e) Management of architectural and urban works;

f) Studies, advice and consultations on urban, regional and territorial development plans;

g) Studies, formalities and issuance of planning and construction licenses;

h) Elaboration of avalanches and expertise in architectural materials to buildings;

i) Architecture teaching;

j) The others that are exercised within the field of the profession of architecture.

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ARTICLE 3o. REQUIREMENTS FOR THE EXERCISE OF THE PROFESSION OF ARCHITECTURE AND ITS AUXILIARY PROFESSIONS. To exercise the profession of architecture it is necessary to accredit its academic training and professional suitability, by presenting the respective title in accordance with the law and obtain the Professional Matriculation Card issued by the National Professional Council of Architecture and its auxiliary professions.

To exercise any of the auxiliary professions of architecture, it is necessary to accredit their academic training and professional suitability, by presenting the respective title as professional technician or technological training as to the law and obtain the certificate of professional registration issued by the National Professional Council of Architecture and its auxiliary professions.

PARAGRAFO 1o. Professional license plates issued to architects and professional registration certificates awarded to architecture auxiliaries by rules prior to the validity of this law, they retain their validity and are presumed to be authentic.

PARAGRAFO 2o. While the National Professional Council of Architecture and auxiliary professions, the professional registration card of architects and the certificate of professional registration of the Auxiliary architecture, will be issued by the National Professional Council of Engineering and Architecture and its auxiliary professions, restructured in the National Professional Council of Engineering and its auxiliary professions.

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ARTICLE 4. FROM THE PROFESSIONAL REGISTRATION CARD OF THE ARCHITECTS. You can only obtain the Professional Matriculation Card from Architect, practice the profession and use the respective title within the national territory, who:

a) Hayan acquired or acquired the title of Architect, awarded by officially recognized higher education institutions;

(b) Hayan acquired or acquired the title of Architect in higher education institutions operating in countries with which Colombia has concluded treaties or conventions on the reciprocity of diplomas;

(c) Hayan acquired or acquired the title of Architect in higher education institutions operating in countries with which Colombia has not concluded treaties or conventions on the equivalence of diplomas, provided that they have complied with the requirement for approval and validation of the title with the competent authorities in accordance with the rules in force.

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ARTICLE 5o. OF THE CERTIFICATE OF PROFESSIONAL REGISTRATION FOR THE AUXILIARY PROFESSIONALS OF ARCHITECTURE. They will only be able to obtain the Certificate of Professional Enrollment, to practice the profession and to use the respective title within the Colombian territory, who:

a) Hayan acquired or acquired the title of professionals in any of the auxiliary areas of Architecture, awarded by institutions of higher education at the technical or technological level officially recognized;

b) Hayan acquired or acquired the title of professionals in any of the auxiliary areas of architecture that operate in countries with which Colombia has concluded treaties or conventions on the reciprocity of titles;

c) Hayan acquired or acquired the title of professionals in any of the auxiliary areas of architecture in higher education institutions operating in countries with which Colombia has not concluded treaties or agreements on equivalence of certificates, provided that they have complied with the requirement for approval and validation of the title with the competent authorities in accordance with the rules in force.

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ARTICLE 6o. REQUIREMENTS FOR TAKING OFFICE, ENTERING INTO CONTRACTS OR MAKING TECHNICAL OPINIONS ON ACTIVITIES RELATING TO ARCHITECTURE AND ITS ANCILLARY PROFESSIONS. To take possession of a public or private office, which requires knowledge or the exercise of the Architecture or auxiliary professions of the same or to make opinions that understand technical aspects in those areas to state bodies or persons of private, legal or natural character, it is required to present the Professional Certificate of Architect or Certificate of Professional Registration as appropriate, indicating their respective number in the minutes or contract, in accordance with each particular situation.

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ARTICLE 7o. OF THE SPECIAL TEMPORARY LICENSE FOR FOREIGN-REGISTERED PROFESSIONALS RESIDING ABROAD AND WITH EMPLOYMENT LINKS IN COLOMBIA. Those who hold the professional title of Architects, are domiciled abroad and are They will have to obtain, for this purpose, a special temporary license that will be issued by the National Professional Council of Architecture and its professions. auxiliary, which will be valid for one (1) year and may be renewed at the discretion of the National Professional Council of Architecture and its Auxiliary Professions.

PARAGRAFO. The competent authority shall grant the respective visa without prejudice to the temporary license referred to in this Article, in order to legally exercise the profession in the country.

TITLE III.

OF FOREIGN PROFESSIONALS

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ARTICLE 8o. PARTICIPATION OF FOREIGN PROFESSIONALS AT THE STATE AND PRIVATE LEVEL. The participation of foreign professionals in the construction, studies, facilities, assemblies, interventories, consultants and other related works with the profession of Architecture and its auxiliary professions, in the field of state and/or private, will be made subject to the precept in the Colombian labor law in force, with observance of the requirements that this law establishes.

TITLE IV.

THE NATIONAL PROFESSIONAL ARCHITECTURE COUNCIL AND ITS AUXILIARY PROFESSIONS

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ARTICLE 9o. NATIONAL PROFESSIONAL COUNCIL OF ARCHITECTURE AND ITS AUXILIARY PROFESSIONS. Create the National Professional Council of Architecture and its auxiliary professions, as the state organ responsible for the promotion, promotion, control and supervision of the exercise of the profession of architecture and ancillary professions, which shall be composed of the following members:

(a) The Minister of Economic Development or the Deputy Minister of Housing and Drinking Water or a delegate of the Minister of Development, who shall be an Architect;

b) 64 of Act 962 of 2005 > The Minister of National Education or his delegate to be Architect;

c) The National President of the Colombian Society of Architects;

(d) A representative of the universities with National Architecture Faculties at national level, appointed by the majority of the decans of these faculties, to be convened by the President of the Council for this purpose;

(e) A representative of the auxiliary professions of the architecture, appointed by the majority of the presidents of these associations, to be convened by the President of the Council for this purpose;

f) The Rector of the National University or its delegate who must be the Dean of one of its Faculty of Architecture.

PARAGRAFO 1o. The period of Board members elected on board, will be two (2) years and may be re-elected for up to one (1) time.

Vigency Notes
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ARTICLE 10. FUNCTIONS OF THE NATIONAL PROFESSIONAL COUNCIL OF ARCHITECTURE AND ITS AUXILIARY PROFESSIONS. The National Professional Council of Architecture and its Auxiliary Professions will be domiciled in Santa Fe de Bogota, D. C., and its functions are:

a) Dictate your own regulations and that of the Professional Professional Councils of Architecture and its Auxiliary Professions;

b) Approve or deny Professional Enrollment and Professional Enrollment Certificates;

c) Exorder the corresponding professional registration certificate and professional registration cards;

(d) Resolve on the cancellation or suspension of professional registration of architecture and/or certificate of professional registration for faults in the Code of Ethics and the correct professional practice;

e) Exorder and cancel the special temporary licenses that the item 7treats or. of this law;

f) Encourage the exercise of the profession of architecture and auxiliary professions within the postulates of professional ethics;

g) To report to the competent authorities the violations of the legal provisions governing the professional exercise of the architecture and auxiliary professions;

h) Solve resources on decisions that dictate the Sectional Councils in the second instance;

i) Develop and maintain an up-to-date registry of architects and architectural professionals;

j) Issue concepts related to these professions, when requested, for any effect;

k) Define the requirements to be met by architects and auxiliary professionals of the architecture to obtain professional registration or professional registration certificate;

l) Set the registration fees and professional registration certificates in a balanced and reasonable manner to cover the costs incurred by the operation of the National Council and the respective sectionals. Rights which may not exceed the sum equivalent to one (1) monthly statutory minimum wage. The Comptroller General of the Republic shall exercise due control over these resources;

m) Approve your own budget and that of the respective sectional councils;

n) Promote the updating, training, research, and academic quality of the auxiliary architecture and professions;

o) To monitor and control the professional practice of architects and auxiliary architecture professionals;

p) Create the Sectional Councils of Architecture and Auxiliary Professions.

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ARTICLE 11. . The National Council may create Regional Councils where the conditions will be determined.

TITLE V.

THE ILLEGAL EXERCISE OF THE ARCHITECTURE PROFESSION AND ITS PROFESSIONS

AUXILIARIES

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ARTICLE 12. . Understand for the illegal exercise of the Profession of Architecture and/or Ancillary Professions any activity carried out within the field of competence indicated in this law by those who do not have the quality of Architects and/or Professionals Auxiliaries of Architecture, as the case may be, and are not duly authorized to perform as such.

The Profession of Architecture and/or Ancillary Professions are also unlawfully exercised by those who advertise by means of notices, propagandas, plates, murals and other means of advertising without meeting the requirements of this law.

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ARTICLE 13. PENALTIES FOR THE EXERCISE OF THE ARCHITECTURE AND ITS AUXILIARY PROFESSIONS. Who unlawfully exercises the Profession of Architecture and/or Ancillary Professions of Architecture, violates any of the provisions of this Law or, authorise, facilitate, sponsor, cover the illegal exercise of the Architecture and the Ancillary Professions, incur the penalties that the law sets for cases of illegal exercise without prejudice to disciplinary, ethical, civil, and administrative procedures to take place.

TITLE VI.

OF THE CODE OF ETHICS FOR THE EXERCISE OF ARCHITECTURE AND ITS PROFESSIONS

AUXILIARIES

CHAPTER I.

GENERAL PROVISIONS

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ARTICLE 14. . The exercise of the Profession of Architecture and its auxiliary Professions must be guided by criteria, concepts and high ends that propenden to enaltecer their professions, therefore, they are obliged to adjust their professional performances to the provisions of the following rules which constitute its Code of Professional Ethics.

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ARTICLE 15. . The Architects in all their various specialties and the professionals of their respective Ancillary Professions, for all the purposes of the Code of Professional Ethics and its disciplinary regime contemplated in this law, will be called the professional.

CHAPTER II.

DUTIES IMPOSED BY ETHICS ON PROFESSIONALS FOR SOCIETY

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ARTICLE 16. . They are ethical duties of the Professionals of those who deal with this Code for the society:

a) Interested in the public good in order to contribute their knowledge, capacity and experience to serve humanity;

b) Cooperating for the progress of society by contributing its intellectual and material collaboration in cultural works, technical illustration, applied science and scientific research;

c) Apply the maximum of their effort in order to achieve a clear expression towards the community of the technical aspects and matters relating to their respective professions and their exercise;

d) To carefully study the environment that will be affected in each task proposal, assessing the environmental impacts on the ecosystems involved, urbanized or natural, including the socioeconomic environment, selecting the best alternative to contribute to environmentally sound and sustainable development, with the aim of achieving the best quality of life for the population;

e) Reject all kinds of recommendations in works that involve avoidable damage to the human environment and nature both in open spaces and in the interior of buildings assessing their environmental impact, both in the short and long term;

f) Exercise the profession without making its concepts or professional criteria subject to partisan activities;

g) selflessly offer your professional services in case of public calamity;

h) Protect the lives and health of community members, avoiding unnecessary risks, in the execution of jobs;

i) Refrain from issuing professional concepts, without having the absolute conviction to be properly informed about it;

j) Velar for the protection of the integrity of the national heritage.

CHAPTER III.

DUTIES OF PROFESSIONALS FOR THE DIGNITY OF THEIR PROFESSIONS

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ARTICLE 17. . They are the duties of the professionals of those who treat this Code for the dignity of their professions:

(a) Contribute with their professional conduct and with all the means at their disposal, that in the public consensus an exact concept of the meaning of these professions in society is preserved, of the dignity that accompanies them and of the high respect that deserve;

b) Respect and enforce all laws and regulations that have an impact on these professions, as well as denounce all their transgressions;

c) Veloing for the good prestige of these professions;

d) Cooperate for the advancement of these professions, by exchanging information on their knowledge, and contributing their work in favour of associations, societies, institutions of higher education and other organs of technical and scientific disclosure;

e) Not to offer or accept work against the current legal provisions, nor to accept tasks that exceed the business that gives it its title or its own preparation;

(f) Not to provide for free or onerous signing, to authorize plans, specifications, opinions, memoirs, reports and other professional documentation, which have not been studied, controlled or personally executed by them;

(g) Not to subscribe, to issue or to contribute to the issue of certificates, diplomas, licences, professional registration cards or professional registration certificates for persons who do not fulfil the essential requirements for exercising such qualifications. professions;

h) Do not appear to be named in advertisements, letterheads, stamps, propagandas and other similar means, together with other persons who are not, appear as professionals;

i) The propaganda media must conform to the rules of prudence and professional decorum, should not be used by those means of advertising with exaggerated warnings that give rise to mistakes about professional performance;

j) Not receiving or granting commissions, participations or other benefits, in order to manage, obtain or agree professional designations or professional work.

CHAPTER IV.

DUTIES OF PROFESSIONALS FOR OTHER PROFESSIONALS IN THOSE AREAS

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ARTICLE 18. . They are the duties of the Professionals of those who are dealing with this Code for the other professionals of these branches:

(a) Not to use without authorization from their legitimate authors and for their application in their own professional work, plans and other documentation pertaining to those except that the professional task so requires;

b) Not to defame, denigrate or unfairly criticize his colleagues, or to contribute directly or indirectly to damaging his reputation or his projects or businesses on the occasion of his professional performance;

c) Do not use methods of unfair competition with colleagues;

d) Do not designate or influence to be appointed in technical positions to be performed by professionals with Professional Matriculation Card or Professional Enrollment Certificate to persons lacking the qualifications and qualities corresponding;

e) To refrain from publicly issuing adverse judgments about the performance of colleagues, pointing out professional errors in which they incur, unless they measure some of the following circumstances:

1. This is essential for unavoidable reasons of general interest.

2. That they have been given the opportunity to recognize and rectify those actions and errors, making these professionals ignore it.

f) To work with the utmost prudence and diligence when issuing concepts on the actions of any of the professionals;

g) Set up for colleagues who act as collaborators or employees their remuneration or compensation appropriate to the dignity of the professions and the importance of the services they provide;

h) Do not propose services with price reduction after having known proposals from other professionals;

i) Do not review work of another professional without prior knowledge and acceptance of those, unless that professional has completely separated from such work;

j) Respect and recognize the intellectual property of any of the professionals about their designs and projects.

CHAPTER V.

DUTIES OF PROFESSIONALS FOR THEIR CLIENTS AND THE GENERAL PUBLIC

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ARTICLE 19. . They are the duties of the Professionals of those who are dealing with this Code for their clients and the general public:

(a) Not to offer, the provision of services whose object, for any reason of technical, legal, regulatory, economic or social order, is of doubtful or impossible compliance or that for personal circumstances it cannot satisfy;

(b) Not to accept in their own benefit commissions, discounts, bonuses or other similar ones offered by suppliers of materials, artifacts or structures by contractors and/or by other persons directly interested in the execution of the jobs that professionals project or direct;

c) Maintain secrecy and reservation in respect of any circumstances related to the client and the work that is performed for it, except legal obligation;

d) To manage with the utmost honesty, discretion and cleanliness, the funds the client gives to him for disbursements required by the work carried out by the professional and to render clear, precise and frequent accounts, all independently and without prejudice to the laws in force;

e) Dedicate all your fitness and attend to the utmost diligence and probity of your client's affairs;

f) Professionals who lead the performance of contracts between their clients and third parties are first and foremost advisers and guardians of the interests of their clients; but in no case is it lawful for them to act with bias to the detriment of those or third parties.

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ARTICLE 20. . It is the duties of the professionals of those who are dealing with this Code to perform in public or private functions, the following:

(a) The professionals in the exercise of the public function must refrain from participating in the process of evaluating professional tasks of colleagues, with whom they have a relationship of kinship, to the degree established by the current norm. for the case, or societarian relationship in fact or in law. Violation of this rule will also be charged to the professional who accepts such an assessment;

(b) Professionals who are responsible in the public or private sector for setting, preparing or evaluating tender conditions for tenders or contests shall in all cases be impartial;

c) All professionals referred to in this law who are linked by hierarchy to each other, whether in the public or private administration, are mutually independent and without prejudice to that relationship, respect and treatment imposed by the condition of colleagues;

(d) Hierarchical senior professionals should refrain from proceeding in a way that disrepute or detracts from professionals who hold subordinate positions to their own;

(e) Senior hierarchical professionals shall respect the fundamental rights of their subordinates and employees in respect of civil and individual liberties, without discrimination for political, economic reasons, sexual, religious or association;

(f) Any professional must refrain from committing, permitting or contributing to acts of injustice to the detriment of another professional. Such as removal, replacement, reduction of category, application of disciplinary penalties, without proven and fair cause.

PARAGRAFO. The duties of the professionals in their contractual actions will be governed by the legislation in force in this field.

CHAPTER VII.

OF PROFESSIONAL DUTIES IN COMPETITIONS

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ARTICLE 21. . It is the duties of the Professionals of those who are dealing with this Code in the contests, the following:

(a) Professionals who have become part of a competition by public or private invitation and consider that the grounds of the contest may be transgressed by the rules of professional ethics, must resign before the Professional Council respective, the existence of such transgression;

b) Professionals are required to observe the strictest discipline and the utmost respect for the consultant, the members of the jury and the other participants in the contest;

(c) Professionals who have acted as advisers in a competition must refrain from intervening directly or indirectly in the professional tasks required for the development of the work which gave rise to it, unless their intervention was established on the basis of the competition.

PARAGRAFO. For the purposes of the contests, the professionals will adhere to the precept in the current legislation.

CHAPTER VIII.

OF SKILLS AND INCOMPATIBILITIES IN THE EXERCISE OF THE PROFESSION

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ARTICLE 22. . Incurrran in the absence of the regime referred to in this Chapter:

(a) Professionals acting simultaneously as technical representatives or advisors of more than one company developing identical activities and on the same subject, without the express consent and authorisation of such activities for such action;

(b) The professional who, in the exercise of his public or private activities, has intervened in a given matter, cannot then act or advise directly or indirectly to the contrary party on the same issue;

c) The professional should not intervene as a expert or to annex in matters that understand the general incompatibilities and incompatibilities of the law.

PARAGRAFO. In the tenders and in the case of their contractual relations, the professionals will be subject to the incompatibilities established in the legislation in force.

CHAPTER IX.

OF OTHER FAULTS AGAINST PROFESSIONAL ETHICS

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ARTICLE 23. . Incurren in faults against the Professional Ethics the Professionals of those who are dealing with this Code, who violate any of the duties set forth in this Law.

TITLE VII.

DISCIPLINARY procedure

Editor Notes
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ARTICLE 24. DISCIPLINARY PROCEDURE. The National Professional Council of Architecture and its Auxiliary Professions may sanction the Architects and the auxiliary professionals of this profession with written admonition, suspension in the exercise of the occupation for up to five (5) years and cancellation of the registration or certificate of professional registration as the case may be.

PARAGRAFO.

Editor Notes
Effective Case-law
Previous Legislation

TITLE VIII.

OF THE NATIONAL PROFESSIONAL ENGINEERING COUNCIL AND ITS AUXILIARY PROFESSIONS

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ARTICLE 25. . Restructure the National Professional Council of Engineering and Architecture in the National Professional Council of Engineering and its Auxiliary Professions.

Vigency Notes
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ARTICLE 26. . The National Professional Council of Engineering and its Auxiliary Professionswill be integrated as follows:

(a) The Minister of Transport or his delegate, who shall preside over it;

b) 64 of Act 962 of 2005 > The Minister of National Education or his delegate;

Vigency Notes

c) The Rector of the National University or the Dean of the Faculty of Engineering of the same;

d) The President of the Colombian Society of Engineers;

e) A representative of the Private Universities, elected on board of deans of the corresponding faculties or schools, convened for this purpose by the President of the Council.

3 of Law 1325 of 2009. The new text is as follows: > From now on, in addition to the members who currently make up the Copnia, they will be part of their National Board of Directors, the Minister of Agriculture or their delegate who must be professional of one of the professions. referred to in Article 1or this law. Likewise, it will also be part of the National Board of Directors of the Copnia, the National President of one of the guilds of these professions other than the Colombian Society of Engineers, elected in a meeting called by the Copnia for this purpose, for a period of two years.

Vigency Notes

PARAGRAFO 1o. Universities may only have one representative per one who can only be a Dean of the Faculty of Engineering.

PARAGRAFO 2o. The period of the members of the Council shall be two (2) years and may be re-elected for one time.

Vigency Notes
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ARTICLE 27. . 78 of Law 842 of 2003, on the topic see article 27> The National Professional Council of Engineering and its Ancillary Professions may create Sectional Engineering Councils where conditions determine.

Editor Notes

TITLE IX.

FINAL PROVISIONS

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ARTICLE 28. OF THE ASSETS AND REMNANTS. The remaining assets with which the National Professional Council of Engineering and Architecture counts, must be liquidated within three (3) months, starting from the validity of this Law by its Fiscal Reviewer, as follows:

A third party (1/ 3) for the National Professional Council of Architecture and its Auxiliary Professions and two thirds (2/ 3) for the National Professional Council of Engineering and its Auxiliary Professionals.

Vigency Notes
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ARTICLE 29. VALIDITY. This Law governs from the date of its publication in the Official Journal and repeals all provisions that are contrary to it, especially Law 64 of 1978 and its regulatory and complementary decrees, only in the concerning the profession of the Architecture and Ancillary Professions of the same and in that matter of the profession of engineering and its auxiliary professions, which are replaced or modified expressly in this.

The President of the honorable Senate of the Republic,

AMYLKAR ACOSTA MEDINA.

The Secretary General of the honorable Senate of the Republic,

PEDRO PUMAREJO VEGA.

The President of the honorable House of Representatives,

CARLOS SQUIRLA BALLESTEROS.

The Secretary General of the honorable House of Representatives,

DIEGO VIVAS TAFUR.

COLOMBIA-NATIONAL GOVERNMENT

Publish and execute.

Dada en Santa Fe de Bogota, D. C., on 10 February 1998.

ERNESTO SAMPER PIZANO

The Deputy Minister for Urban Development, who is in charge of the Office's functions

from the Minister of Economic Development,

PATRICIA TORRES ARZAYUS.

The Minister of National Education,

JAIME CHILD TEN.

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