Key Benefits:
LAW 790
(December 27)
Official Journal No. 45,046 of 27 December 2002
For which provisions are issued to advance the program of renewal of the public administration and grant extraordinary powers to the President of the Republic.
COLOMBIA CONGRESS
DECRETA:
MERGING OF NATIONAL AND MINISTRY ENTITIES OR BODIES.
ARTICLE 1o. OBJECT. This law aims to renew and modernize the structure of the executive branch of the national order, in order to ensure, within a framework of financial sustainability of the Nation, adequate compliance with the of the State with speed and immediacy in the attention of the needs of the citizens, according to the principles established in article 209 of the C.N. and developed in the Law 489 1998.
The following criteria will be considered for the effect:
a) Problems of duplicity of functions and collision of competition between bodies and entities should be addressed;
b) An outcome management should be sought in order to improve productivity in the exercise of public function. For this purpose, management indicators shall be established to enable the performance of the functions of the Entity and its responsible persons to be assessed;
c) Greater citizen participation in monitoring and evaluation in the implementation of the Public Service will be ensured;
d) The principles of solidarity and universality of public services will be strengthened;
e) The process of administrative decentralization will be deepened by shifting the competencies of the national order to the Territorial Order;
f) A rational relationship between the missionary and support employees will be established and maintained, depending on the type of Entity and organism;
g) To develop management criteria for development in public management
ARTICLE 2o. MERGER OF NATIONAL ENTITIES OR BODIES. The President of the Republic, as the supreme administrative authority, in accordance with the provisions of Article (15 of the Political Constitution, may provide for the merger of entities or administrative bodies of the national order, with related objects, created, organized or authorized by law, when at least one of the following causes is present:
(a) When the acquiring institution has the legal, technical and operational capacity to develop the objectives and functions of the merged entity, in accordance with the technical assessments;
b) When for reasons of fiscal austerity or administrative efficiency it is necessary to concentrate complementary functions on a single entity;
(c) When costs for meeting the objectives and functions of the entity being absorbed, in accordance with the technical assessments, do not justify their existence;
d) Where there is duplicity of functions with other entities of the national order;
e) When technical evaluations establish that the objectives and functions of the respective entities or bodies should be met by the acquiring entity;
f) When the merger is advisable as a preventive measure to avoid the liquidation of the entity being absorbed. In the case of public financial institutions, the principles laid down in the Organic Statute of the Financial System shall be addressed.
PARAGRAFO 1o. The absorbent entity will comply with the object of the absorbed entity, in addition to its own. The nature of the merged entity, its procurement regime and the labor regime of its public servants, shall be those of the absorber.
The President of the Republic, when ordering the merger, will harmonize the elements of the structure of the entity resulting from it, in order to make its functioning efficient.
PARAGRAFO 2o. In no case, the costs for meeting the objectives and functions by the absorbing entity may exceed the sum of the costs of each of the entities involved in the merger. When the merger involves the creation of a new entity or body, the costs of the new entity or body will not be able to exceed the costs incurred by the merged.
ARTICLE 3o. MERGER OF THE MINISTRY OF THE INTERIOR AND THE MINISTRY OF JUSTICE AND OF LAW. 22 of Law 1444 of 2011 >
ARTICLE 4. MERGER OF THE MINISTRY OF FOREIGN TRADE AND THE MINISTRY OF ECONOMIC DEVELOPMENT. The Ministry of Foreign Trade and the Ministry of Economic Development will be merged and the Ministry of Commerce, Industry and Tourism will be formed. The objectives and functions of the Ministry of Development and Trade shall be those established for the merged ministries.
When one of the functions of the merged Ministries is to be performed by another national public entity, the President of the Republic may reassign those functions in exercise of the extraordinary powers referred to in the Article 16 of this law.
PARAGRAFO. The formulation of policies regarding land use and urban planning, drinking water and basic sanitation, territorial and urban development, as well as the comprehensive housing policy needed to give compliance with article 51 of the Political Constitution, will be the functions of the Ministry of Environment, Housing and Territorial Development. The bodies attached to and related to these functions will become part of the Ministry of Environment, Housing and Territorial Development.
ARTICLE 5o. MERGER OF THE MINISTRY OF LABOR AND SOCIAL SECURITY AND THE MINISTRY OF HEALTH. 22 of Law 1444 of 2011 >
ARTICLE 6o. ATTACHMENT AND LINKAGE. 22 of Law 1444 of 2011 >
ARTICLE 7o. NUMBER, DENOMINATION, ORDER AND PRECEDENCE OF MINISTRIES. 22 of Law 1444 of 2011 >
PROFESSIONAL AND TECHNICAL REHABILITATION.
ARTICLE 8o. ECONOMIC RECOGNITION FOR PROFESSIONAL AND TECHNICAL REHABILITATION. Public employees for the free appointment and removal of the hierarchical levels different from management and persons linked by provisional appointment to positions of administrative career in the agencies and entities of the executive branch of the national order, which are withdrawn from the service for the suppression of the post in development of the Program of Renewal of the Public Administration, will receive an acknowledgment The economic and technical rehabilitation of the workforce.
This economic recognition shall consist of a sum of money equivalent to a percentage of not less than fifty per cent (50%) of the basic allocation corresponding to the deleted charge, which shall be paid in monthly instalments greater than twelve (12) months, under the terms and conditions laid down by the regulations issued by the National Government.
According to the regulations that the National Government will establish for the effect, former employees will have the right to receive the aforementioned economic recognition when they credit any of the following circumstances:
a) Being linked to a technical or professional training or formal or informal training programme; or
b) Being employed by a private employer, in a post created or recently supplied by the employer, and which actually involves a new job starting from the entry into force of this law. In this case, such recognition shall be directly provided to the new employer provided that such employment relationship is through an indefinite term contract or a contract at a term of not less than two (2) years.
The economic recognition that this article deals with does not constitute a salary or wage factor for any effect and the payment of the same does not result in a labor relationship.
ARTICLE 9o. CONTRIBUTION TO THE HEALTH PROMOTING ENTITY. During the period in which the recognition referred to in the previous article is received, the former employee and the employing entity to whom the latter was linked, shall pay equal shares to the (a) the general system of social security in health, calculated on the monthly sum to be recognised to the former employee.
ARTICLE 10. CONDITIONS FOR RECOGNITION. The right to receive the economic recognition that is dealt with in Article 8or. of this law is lost in the event in which the former employee does not accredit monthly one of the two circumstances listed in the literals a) and b) of the article 8or. of this law.
ARTICLE 11. PROGRAMS FOR THE IMPROVEMENT OF WORK SKILLS. The National Government will adopt, with the competition of public or private institutions, programs to seek the improvement of the labor competences of the former employees to which it refers this law.
ARTICLE 12. SPECIAL PROTECTION. In accordance with the regulations established by the National Government, will not be able to be removed from the service in the development of the Public Administration Renewal Program family without an economic alternative, people with physical, mental, visual or hearing limitation, and servers that meet all requirements, age and service time, to enjoy their retirement or retirement pension old age within three (3) years counted from the enactment of this law.
ARTICLE 13. APPLICATION IN TIME. C-991-04 > The provisions of this Chapter shall apply to the public servants withdrawn from the service as from 1. of September 2002, within the Program of Renewal of the Public Administration of the national order, and until the expiration of the extraordinary powers that are conferred in the present law.
ONLINE GOVERNMENT.
ARTICLE 14. GOVERNMENT ONLINE. The National Government will promote the development of technologies and procedures called e-government or online in the executive branch entities of the national order and, consequently, will promote and make the changes administrative, technological and institutional related to the following aspects:
a) Developing public procurement with electronic support;
b) Development of information portals, service delivery, and
c) Citizen participation and development of information-flow systems.
The National Government will develop and adopt the scientific, technical and administrative advances of the electronic government must be carried out under criteria of transparency, efficiency and effectiveness of public management, and of promotion of the social, economic and territorial development-balanced mind.
PARAGRAFO. The Government will technically support the legislative information pages of the Congress of the Republic, the ministries and the decentralized entities of the national order and will involve them, as far as possible, in the online government program.
JUDICIAL DEFENSE OF THE NATION.
ARTICLE 15. National Government will strengthen the Directorate of Judicial Defense of the Nation of the Ministry of the Interior and Justice, which will develop in its functions the prevention of the anti-legal damage, professionalization of the defense of the litigious interests of the State and the recovery of the money that the State, as well as those of its officials, has paid in the case of the intentional or seriously culpable conduct of its officials or former officials coordination, monitoring and control of the activities of the proxies defending the State in the entities of the national order, through the implementation and consolidation of a comprehensive information system that in a cross-sectional manner gives rise to the judicial eventualities to which the State is exposed. In any case, the Directorate of Judicial Defense of the Nation will directly assume the coordination of the defense of the State in all the processes that involve an amount greater than two thousand (2,000) monthly minimum legal salaries in force.
EXTRAORDINARY POWERS.
ARTICLE 16. EXTRAORDINARY POWERS. Pursuant to Article 150 numeral 10 of the Political Constitution, review the President of the Republic of precise powers, by the term of six (6) months from the date of publication of this law, for:
a) Delete and merge Administrative Departments, determine their name, number, and order of precedence.
The act by which the merger is available will determine the objectives, the organic structure and the order of precedence of the Administrative Department resulting from the merger.
The act by which the deletion is available will determine the order of precedence for the remaining Administrative Departments;
b) Determine the objectives and organizational structure of the Ministries;
c) Reassign organic functions and competencies among entities and bodies of national public administration;
d) Escindir entities or administrative bodies of the national order created or authorized by law;
(e) Point out, modify and determine the objectives and the organic structure of the entities or bodies resulting from mergers or divisions and those of those entities or bodies to which the f untions of the deleted are transferred;
(f) Create the entities or bodies that are required to develop the objectives that the entities or bodies that are being deleted, spun off, merged or transformed, when there is a place;
g) Determine the membership or linkage of the national decentralised public entities.
PARAGRAFO 1o. The extraordinary powers conferred on the President of the Republic in this article to renew the structure of the National Public Administration will be exercised for the purpose of rationalizing the organisation and operation of the Public Administration or in order to ensure the financial sustainability of the Nation.
PARAGRAFO 2o. When for any cause, an entity or body is dissolved, the President of the Republic, prior to the Ministry of Finance and Public Credit, must indicate the maximum term in which he or she must to be brought forward and completed, in its entirety, liquidation. That term may in no case be less than one (1) year and no more than three (3), so that its liquidators and administrators are liable in the terms of the law.
FINAL PROVISIONS.
ARTICLE 17. PERSONNEL PLANTS. The plant structure of the Ministries, Administrative Departments and the public authorities or agencies of the national order shall have the necessary charges for their operation. In no case shall the Ministries, the Administrative Departments and the agencies or the public entities be able to conclude service delivery contracts in order to permanently comply with the functions of the existing compliance with the respective plant decrees.
In the event in which it is necessary to conclude contracts for the provision of personal services, the Minister or the Director of the Administrative Department head of the respective sector, semestrally will present a report to the Congress on the particular.
PARAGRAFO. As of the entry into force of this law, entities may not conclude service delivery contracts with natural persons, in order to replace charges that are deleted within the the renewal programme of the public administration.
ARTICLE 18. REMOVAL OF VACANT POSTS. Until 2006, the charges that remain vacant as a result of the retirement or old-age pension of the public servants that will perform them, will be abolished in accordance with the number of the number of 14 of Article 189 of the National Constitution, except that the charge is necessary in accordance with the technical study to justify it.
ARTICLE 19. RESTRICTION ON PUBLIC SPENDING. Until 2005, the annual increase in the cost of the personnel plant of the Ministries, Administrative Department and public entities of the national order, will not be higher than the inflation of the year. immediately before. In addition, annual operating costs may not be increased by higher than the rate of inflation.
PARAGRAFO.
ARTICLE 20. ENTITIES THAT WILL NOT BE DELETED. Under the development of the Public Administration Renewal Program, the National Government will not be able to abolish, liquidate or merge the National Learning Service (SENA), the Colombian Institute of Welfare Family (ICBF), Social Insurance Institute (ISS), INCI, INSOR, Caro and Cuervo Institute, and Nasa Kiwe Corporation, the latter until the mission for which it was created is not completed. The savings made in the process of restructuring these entities shall be intended to cover more coverage of the services provided by them.
Educational entities that depend on the Ministry of Education will be decentralized and/or converted into autonomous entities. In such a case, the National Government shall ensure with resources from the general budget of the nation other than those from the general system of participations and transfers, its financial viability.
ARTICLE 21. FOLLOW-UP COMMISSION. Integra a follow-up commission to the use of the extraordinary powers granted to the National Government through this law, which will have as a function to evaluate the application of the criteria contained in the first paragraph of article 16 of this law, in the respective legislative decrees that develop it.
It will consist of four (4) members representing the honorable Congress, two (2) for each House appointed by the Board of Directors of the First Commissions, and four (4) representing the National Government. The Minister of the Interior and Justice, the Minister of Finance and Public Credit, the Director of the National Planning Department, and the Director of the Administrative Department of the Civil Service, will be represented by the Government. position shall be the Technical Secretariat of the Commission.
The Monitoring Committee of the Minister of the Interior and Justice shall meet for one year in an ordinary bimonthly form and in an extraordinary manner when the Government so requests or at the request of the two (2) members in representation of Congress.
VALIDITY.
ARTICLE 22. VALIDITY. This law governs from the date of its enactment.
The President of the honorable Senate of the Republic,
LUIS ALFREDO RAMOS BOTERO.
The Secretary General of the honorable Senate of the Republic,
EMILIO RAMON OTERO DAJUD.
The President of the honorable House of Representatives,
WILLIAM VELEZ MESA.
The Secretary General of the honorable House of Representatives,
ANGELINO LIZANO RIVERA.
COLOMBIA-NATIONAL GOVERNMENT
PUBLISH AND EXECUTE.
Dada en Bogotá, D. C., at December 27, 2002.
ALVARO URIBE VELEZ
The Minister of Justice and Law, in charge of the functions of the
Office of the Minister of the Interior,
FERNANDO LONDOÑO HOYOS.
The Minister of Finance and Public Credit,
ROBERTO JUNGUITO BONNET.
