ACT 790 OF 2002
Official Gazette No. 45,046 of December 27, 2002
By which provisions are issued to advance the renewal program of public administration and extraordinary powers granted the President of the Republic. Summary
THE CONGRESS OF COLOMBIA DECREES: CHAPTER I.
MERGER OF ENTITIES OR NATIONAL AGENCIES AND MINISTRIES.
ARTICLE 1o. OBJECT. This law aims to renovate 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 enforcement of the state's objectives quickly and immediacy in the addressing the needs of citizens, in accordance with the principles set out in Article 209 of the CN and developed in Law 489 of 1998.
For this purpose the following criteria will be considered:
a) must address issues of duplication of functions and conflict of jurisdiction between agencies and entities;
B) is intended to help ensure results management in order to improve productivity in the exercise of public functions. For this purpose should be established management indicators to assess the performance of the functions of the entity and its responsible;
C) greater citizen participation will be ensured in monitoring and evaluation in the implementation of the civil service;
D) the principles of solidarity and universality of public services will be strengthened;
E) the process of administrative decentralization by transferring powers of the national order to the Territorial order will be deepened;
F) establish and maintain a rational relationship between the missionary and support employees, by type of institution and body;
G) Efforts will be made to develop criteria for development management in public administration
. MERGER OF ENTITIES OR NATIONAL AUTHORITIES. The President of the Republic as supreme administrative authority, in accordance with the provisions of paragraph 15 of Article 189 of the Constitution, you may provide for the merging entities or administrative bodies national level, with related objects, created, organized or authorized by law, presented at least one of the following reasons:
a) if the acquiring institution has the legal, technical and operational capacity to develop the objectives and functions of the merged according to the technical evaluations ;
B) If for reasons of fiscal austerity or administrative efficiency necessary to concentrate complementary functions into a single entity;
C) When costs for the fulfillment of the objectives and functions of the merged entity, according to the technical evaluations, do not justify their existence;
D) Where there is duplication of functions with other national entities;
E) When technical evaluations stated that the objectives and functions of the respective entities or bodies must be met by the acquiring entity;
F) When the merger is advisable as a preventive measure to avoid the liquidation of the absorbed entity. In the case of public financial institutions, the principles established in the Organic Statute of the Financial System will be addressed. PARAGRAPH 1.
. The surviving entity will fulfill the purpose of the absorbed entity, in addition to its own. The nature of the merged entity, its contracting regime and the labor regime of public servants, are those of the absorbent. Effective Jurisprudence
The President of the Republic, by ordering the merger will harmonize the elements of the structure of the entity resulting therefrom, in order to make efficient operation. Effective Jurisprudence
. In any case, the costs of meeting the objectives and functions by the acquiring 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, it costs to fulfill the objectives and functions may not exceed the costs that were merged. Effective Jurisprudence
ARTICLE 3. MERGER OF THE MINISTRY OF INTERIOR AND THE MINISTRY OF JUSTICE AND LAW. Effective Notes
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ARTICLE 4. MERGER OF THE MINISTRY OF FOREIGN TRADE AND ECONOMIC DEVELOPMENT MINISTRY. Fusiónese the Ministry of Foreign Trade and the Ministry of Economic Development and the Ministry of Commerce conform, Industry and Tourism. The objectives and functions of the Ministry of Development and Trade will be established for the merged ministries.
When any of the functions of the merged ministries should be carried out by other national public entity, the President of the Republic may reallocate these functions in the exercise of the special powers to which Article 16 of this law refers.
PARÁGRAFO. The formulation of policies on land use and urban planning, clean water and basic sanitation, territorial and urban development, as well as comprehensive housing policy needed to comply with Article 51 of the Constitution, the functions of the Ministry of Environment, Housing and Territorial Development. The subsidiary and related bodies related to these functions will become part of the Ministry of Environment, Housing and Territorial Development. Editor's Notes
The 5th ITEM. MERGER OF THE MINISTRY OF LABOR AND SOCIAL SECURITY AND THE MINISTRY OF HEALTH. Effective Notes
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ARTICLE 6o. AFFILIATION AND LINKING. Effective Notes
ARTICLE 7. NUMBER, NAME, ORDER AND PRECEDENCE OF MINISTRIES. Effective Notes
PROFESSIONAL AND TECHNICAL REHABILITATION. Editor's Notes
Article 8. RECOGNITION FOR ECONOMIC VOCATIONAL REHABILITATION AND TECHNICAL. Public employees whose appointment and removal of different hierarchical levels to managers and people linked by interim appointment to administrative career posts in agencies and entities of the executive branch of the national order, they are removed from service for removal from office Renewal Program development Public Administration, will receive a financial reward intended for labor, professional and technical upgrading. Effective Jurisprudence
This economic survey should consist of a sum of money equivalent to not less than fifty percent (50%) of the basic charge for the deleted percentage allocation, which will be paid in monthly installments over a period not exceeding twelve (12 ) months, under the terms and conditions established by the regulations issued by the National Government.
According to the regulations for the purpose by the National Government, former employees will be entitled to receive said economic recognition when proving any of the following circumstances:
a) be linked to a technical training program or professional or formal or informal training; or
b) being employed to a private employer, a charge created or recently supplied by the employer, and that really involves a new job after the entry into force of this law. In this case, such recognition will be directly delivered to the new employer provided that the employment relationship is through an indefinite term contract or a contract for a term not less than two (2) years.
The economic recognition referred to in this article is not to effect salary or wage payment factor and does not generate employment. Editor's Notes
Article 9. QUOTE TO HEALTH PROMOTING ENTITY. During the period in which the recognition referred to in the preceding article, the former employee and the employing entity to which this was linked, paid equally monthly payments corresponding to the general system of social security health calculated is received on the monthly amount to be recognized former employee. Editor's Notes
ARTICLE 10. CONDITIONS FOR RECOGNITION. The right to receive economic recognition that is article 8. of this law it is lost in the event that the former employee does not prove monthly one of the two circumstances listed in subparagraphs a) and b) of Article 8. of this law. Editor's Notes
programs to improve labor skills. The National Government shall, with the assistance of public and private institutions, programs to ensure the improvement of labor skills of former employees that this law concerns. Editor's Notes
ARTICLE 12. SPECIAL PROTECTION. In accordance with the regulations established by the National Government, may not be withdrawn from service in the development of Renewal Program Public Administration of single mothers with no economic alternative, people with physical, mental, visual or hearing impairment, and servers that meet all the requirements, age and length of service, to enjoy your retirement or old-age within three (3) years from the promulgation of this law. Editor's Notes
ARTICLE 13 APPLICATION IN TIME. The provisions of this Chapter to retired public servants of Service will apply as of 1. September 2002, within the Renewal Program Public Administration of the national order, and until the expiration of the extraordinary powers granted by this law. Editor's Notes
ARTICLE 14. GOVERNMENT ONLINE. The National Government will promote the development of technologies and procedures called e-government or online at entities of the executive branch of the national order and, consequently, promote and perform administrative, technological and institutional changes related to the following aspects:
a) Development of public procurement electronically;
B) Development of information portals, services, and
c) Citizen participation and development of systems intraguber-governmental information flow.
The Government will develop and adopt scientific, technical and administrative e-government advances must be made according to criteria of transparency, efficiency and effectiveness of public administration, and to promote social, economic and territorial-mind balanced development.
PARÁGRAFO. The Government technically support the legislative information pages Congress, ministries and decentralized national entities and involve, where possible, the government online program.
JUDICIAL DEFENSE OF THE NATION.
ARTICLE 15. JUDICIAL DEFENSE OF THE NATION. The National Government will strengthen the Judicial Defense of the Nation of Ministry of Interior and Justice, which develop within its functions the prevention of unlawful damage, professionalization of the defense of the disputed state interests and the recovery of monies that on the occasion of the willful or seriously negligent of its officials or former behaviors officials paid by the State, as well as the coordination, monitoring and control of the activities of the attorneys who defend the state in the national entities through implementation and consolidation of an integrated information system that cuts alert on judicial eventualities that the State is exposed. In any case, the Judicial Defense of the Nation directly assume the coordination of the defense of the state in all processes involving an amount exceeding two thousand (2,000) minimum legal monthly wages.
Matches CHAPTER V.
POWERS ARTICLE 16. EXTRAORDINARY. In accordance with Article 150, paragraph 10 of the Constitution, revístese the President of the Republic of specific extraordinary powers for a period 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 becomes available, determine the objectives, organizational structure and order of precedence of the Administrative Department resulting from the merger.
The act by which the removal is available, determine the order of precedence of the remaining administrative departments;
B) Determine the objectives and organizational structure of the ministries;
C) Reallocate organic functions and powers between the entities and agencies of the national government;
D) cleaving entities or administrative bodies at the national or authorized by law; Effective Jurisprudence
E) Report, modify and determine the objectives and organizational structure of the entities or bodies resulting from mergers or demergers and those entities or bodies to which the anointing of the deleted f is transferred; Effective Jurisprudence
F) Create entities or agencies that are required to develop the objectives met entities or bodies are removed, cleaved, they merge or transform, when it applicable; Effective Jurisprudence
G) Determine the secondment or linking of decentralized national public institutions. Effective Jurisprudence
Matches PARAGRAPH 1.
. The extraordinary powers granted to the President of the Republic in this Article to renew the structure of the National Public Administration shall be exercised for the purpose of streamlining the organization and functioning of public administration or in order to ensure the financial sustainability of the Nation . PARAGRAPH 2.
. When for any reason, an entity or body remains dissolved, the President of the Republic, prior concept of the Ministry of Finance and Public Credit, shall indicate the maximum term that should be brought forward and culminate, in full settlement. This term, in no case be less than one (1) year nor more than three (3), failing which their liquidators and administrators accountable in terms of law.
Matches Effective Jurisprudence
ARTICLE 17. PERSONAL PLANTS. The plant structure of the ministries, administrative departments and public agencies or national entities have the necessary charges for operation. In any case the ministries, administrative departments and agencies or public entities may enter into contracts to provide services to meet permanently the characteristics of existing charges in accordance with the respective decrees of plant functions.
In the event that it is necessary to conclude contracts for personal services, the Minister or the Director of the Administrative Department of the respective sector head, half-yearly report to Congress on the subject.
PARÁGRAFO. From the entry into force of this law, institutions may not enter into contracts to provide services to individuals, in order to replace charges are abolished within the program of renewal of public administration.
ARTICLE 18. SUPPRESSION
POSITIONS VACANT. Until 2006, the positions become vacant due to retirement or pension age of public servants that desempeñaren shall be dismantled in accordance with the provisions of paragraph 14 of Article 189 of the Constitution, unless the charge It becomes necessary under technical study so warrants. Effective Jurisprudence
ARTICLE 19. RESTRICTION TO PUBLIC SPENDING. Until 2005 the annual increase in the cost of the staffing of the Ministries, Administrative Department and public national entities, may not exceed the inflation of the previous year. In addition, annual operating costs will not increase exceeding the rate of inflation amount.
PARÁGRAFO. Editor's Notes
ARTICLE 20 ENTITIES not deleted. Developing the Renewal Program of Public Administration National Government may not remove, liquidate or merge the National Learning Service (SENA), the Colombian Institute of Family Welfare (ICBF), the Social Security Institute (ISS), the INCI the INSOR, the Instituto Caro y Cuervo or Kiwe Nasa Corporation, the latter does not culminate until the mission for which it was created. Savings in the restructuring of such entities, will be used to greater coverage of services provided by them. Effective Jurisprudence
The educational entities under the Ministry of Education will be decentralized and / or converted into autonomous entities. In this case, the Government will ensure resources of the general budget of the nation than those from the general system of investments and transfers, financial viability.
ARTICLE 21. Monitoring Commission. Integrase a committee monitoring the use of the extraordinary powers granted to the national government by this law, which shall be designed to assess the implementation of the criteria contained in the first paragraph of Article 16 of this Law, in the respective legislative decrees that develop.
It will be composed of four (4) members representing the honorable Congress, two (2) per Chamber Appointed by the Board of First Committees, and four (4) representing the National Government. On behalf of the Government attended by the Minister of 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 Public Service, whose charge is the Technical Secretariat of the Commission .
The Monitoring Committee convened by the Minister of Interior and Justice will meet for a year in regular bimonthly form and in special session when the Government so request or at the request of two (2) members representing the Congress.
ARTICLE 22. EFFECTIVE DATE. This law applies 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,
EMILIO RAMÓN OTERO DAJUD.
The President of the honorable House of Representatives, WILLIAM
The Secretary General of the honorable House of Representatives, ANGELINO
REPUBLIC OF COLOMBIA - NATIONAL GOVERNMENT PUBLISHED AND RUN
Given in Bogotá, DC, on December 27, 2002.
The Alvaro Uribe Minister of Justice and Law, responsible for functions
Office of the Minister of Interior,
Fernando Londono Hoyos.
The Minister of Finance and Public Credit, Roberto Junguito