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Whereby Provisions On Streamlining Administrative Requirements And Procedures Of Agencies And State Entities And Individuals Exercising Public Functions Or Provide Public Services Are Delivered

Original Language Title: Por la cual se dictan disposiciones sobre racionalización de trámites y procedimientos administrativos de los organismos y entidades del Estado y de los particulares que ejercen funciones públicas o prestan servicios públicos

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LAW 962 OF 2005

(July 8)

Official Journal No. 46.023 of 6 September 2005

2.

Version original published in Official Journal No. 45.963 of 08 July 2005 >

For which provisions are made regarding the rationalization of formalities and administrative procedures of the agencies and entities of the State and of individuals who exercise public functions or provide public services.

Vigency Notes Summary

The Congress of Colombia

DECRETA:

TITLE I.

GENERAL RULES.

CHAPTER I.

COMMON RULES FOR ALL PUBLIC ADMINISTRATION.

ARTICLE 1o. PURPOSE AND GUIDING PRINCIPLES. This law is intended to facilitate the relations of individuals with the public administration in such a way that the actions to be taken before it for the exercise of activities, rights or compliance with obligations are developed in accordance with the principles set out in Articles 83, 84, 209 and 333 of the Policy Letter. In this respect, the following principles will be mandatory as the guiding principles of the policy of rationalisation, standardization and automation of procedures, in order to avoid unjustified requirements to those administered:

1. Legal reserve of permits, licenses, or requirements. For the exercise of activities, rights or performance of obligations, only authorizations, requirements or permits that are provided for in the law or are expressly authorized by the law may be required. In such cases the public authorities may not require certifications, concepts or constances.

The public authorities may not establish formalities, requirements or permits for the exercise of activities, rights or obligations, unless they are expressly authorized by law; nor will they be able to request the presentation of competition documents from other authorities.

2. Procedure for establishing the formalities authorized by law. 39 of Decree 19 of 2012. The new text is as follows: > Public entities and private individuals who exercise an administrative function expressly authorized by law to establish a procedure, must first submit it to the Department for consideration. Administrative of the Civil Service, attaching the manifestation of the regulatory impact, with which the justification, efficiency, efficiency and the costs of implementation will be accredited for the forced to fulfill it; likewise it will have to credit the the existence of budgetary and administrative resources necessary for its implementation. In case of finding it reasonable and appropriate with the policy of simplification, rationalization and standardization of procedures, the Administrative Department of the Civil Service.

To fulfill this function, the Administrative Department of the Civil Service will have the support of the Sectoral and Intersectoral Committees created for this purpose. It may also establish mechanisms for citizen participation in order for interested parties to express their views.

The Director of the Administrative Department of the Civil Service shall report to the First Commissions of each Chamber at the beginning of each regular session on the issue of the new procedures that have been adopted.

PARAGRAFO 1. The procedure provided for in this Article shall not apply in the case of the adoption of formalities authorized by the decrees issued during the states of exception, on the occasion of the declaration of a State of disaster or natural emergency or where immediate adoption of sanitary measures is required to preserve human or agricultural health.

PARAGRAFO 2. Departmental Assemblies and District or Municipal Councils may only adopt, by ordinance or agreement, the measures required for the implementation or application of the procedures. created or authorized by the Law.

Vigency Notes
Previous Legislation

3. Information and publicity. Without prejudice to the general requirements for the advertising of administrative acts, any requirement, in order to be chargeable to the one administered, must be entered in the Single System of Procedures Information, SUIT, which works coordinate the Administrative Department of the Civil Service; entity that will verify for the purposes of the registration that it has the respective legal support.

Every entity and body of the Public Administration has an obligation to report on the requirements that are required before it, without it being able to demand the physical presence of the administered entity. You must also inform the legal standard that supports it, as well as the date of its official publication and its registration in the Single System of Procedure Information, SUIT.

4. Technological strengthening. In order to articulate the actions of the Public Administration and to reduce the times and costs of the administration of the procedures, the use of integrated technological means will be encouraged, for which the Administrative Department of the Civil Service, in coordination with the Ministry of Communications, will guide the technical support required by the entities and agencies of the Public Administration.

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ARTICLE 2o. APPLICATION OF THE APPLICATION. This law shall apply to the administrative procedures and procedures of the Public Administration, the public service companies of any order and nature, and the individuals who perform the duties administrative. The disciplinary and fiscal procedure of the Attorney General's Office and Comptroller's Office, respectively, are excepted.

For the purposes of this law, it is understood by "Public Administration", the definition contained in Article 39 of Law 489 of 1998.

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ARTICLE 3o. People, in their relationships with public administration, have the following rights which they will exercise directly and without proxy:

To obtain information and guidance about the legal or technical requirements that the current provisions impose on requests, actions, requests or complaints that they intend to make, as well as to carry them out.

To know, at any time, the state of the processing of the procedures in which they have the status of data subjects and to obtain copies, at their cost, of documents contained in them.

To refrain from filing documents that are not required by the legal rules applicable to the procedures in which you deal with the management.

Access to Public Administration records and files in terms of the Constitution and laws.

To be treated with respect by the authorities and public servants, which must facilitate the exercise of their rights and the fulfilment of their obligations.

To require compliance with the responsibilities of the Public Administration and the staff at their service, where appropriate legally.

Any other that recognizes the Constitution and the laws.

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ARTICLE 4. DISCLOSURE AND GRATUITOUSNESS OF OFFICIAL FORMS FOR THE PRESENTATION OF DECLARATIONS AND MAKING PAYMENTS. 26 of Decree 19 of 2012. The new text is as follows: > Where applicable, the recipients to whom this Decree-Law applies, must provide the necessary mechanisms to make the defined format available free of charge officially for the respective period in which the duty or legal obligation is to be fulfilled, using for the effect printed, magnetic or electronic forms.

Public entities and private individuals exercising administrative functions shall, at the disposal of individuals, place in electronic means all forms whose diligence is required by law. In any case, in order for a form to be required of the citizen, the respective entity must publish it in the Portal of the Colombian State. The authorities shall have a period of three months from the date of publication of this decree to publish the existing forms.

For all legal purposes, copies of forms that are obtained from electronic media will be understood to have the character of official forms.

Vigency Notes
Previous Legislation
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ARTICLE 5o. Notice. Any natural or legal person who requires the notification of an administrative act, may delegate to any person the act of notification, by proxy, which shall not require personal presentation, the delegate shall only be the right to receive the notification and any manifestation which it makes in relation to the administrative act shall be, in full, not carried out. The other actions shall be carried out in the manner in which the right of application is regulated in the relevant administrative procedure. The notification of the recognition of a right under public resources, of a public nature or of social security, is exempted from the provisions of this Article.

Editor Notes

ARTICLE 6o. TECHNOLOGICAL means To deal with the procedures and procedures of its competence, the bodies and entities of the Public Administration will have to put them in the knowledge of the citizens in the form foreseen in the provisions in force, or, in addition, any technological means or electronic document at their disposal, in order to make effective the principles of equality, economy, speed, impartiality, publicity, morality and effectiveness in the administrative function. For this purpose, they may implement the security conditions and requirements for each case, without prejudice to the powers of some specialised entities in this field.

The substantiation of the actions and the issue of the administrative acts will take place in the form provided for in the provisions in force. For the processing, notification and publication of such actions and events, media, media and electronic applications may be used.

Everyone may submit petitions, complaints, complaints, or appeals, through any technological or electronic means available to the Public Administration entities and bodies.

In cases of requests related to the recognition of an economic benefit in any case, the physical documents that support the claim that are claimed must be allowed.

The use of electronic means shall be governed by the provisions of Law 527 of 1999 and the rules that supplement, add or modify it, in accordance with the provisions of Chapter 8 of the Title XIII, Third Section, Second Book, Articles 251 to 293, of the Code of Civil Procedure, and other applicable rules, provided it is possible to verify the identity of the sender, as well as the date of receipt of the document.

PARAGRAFO 1o. Public Administration entities and bodies shall make public the technological or electronic means at their disposal to enable them to be used.

PARAGRAFO 2o. In any case, the use of technological and electronic means to advance the procedures and competencies of the Public Administration must guarantee the principles of authenticity, availability and integrity.

PARAGRAFO 3o. When the substantiation of the actions and administrative acts is carried out by electronic means, the autograph signatures that they require may be replaced by a digital certificate that ensure the identity of the subscriber, in accordance with what the National Government establishes for the purpose.

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ARTICLE 7o. ELECTRONIC ADVERTISING OF RULES AND GENERAL ACTS ISSUED BY THE PUBLIC ADMINISTRATION. The Public Administration shall make available to the public, through electronic means, laws, decrees and administrative acts of a nature general or public interest documents relating to each of them, within five (5) days of publication, without prejudice to the legal obligation to publish them in the Official Journal

Reproductions made shall be deemed authentic for all legal purposes, provided that the content of the act or document is not altered.

As of the validity of this law and for the purposes of bringing forward any administrative procedure, it will not be mandatory to prove the existence of general rules of national order, before any agency of the Administration Public.

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ARTICLE 8o. DELIVERY OF INFORMATION. As soon as this law is in force, all public administration bodies and entities shall be made available to the public, through printed or electronic means, at their disposal, or by means of telephone or by mail, the following information, duly updated:

Basic rules that determine your competence.

Functions of your various organs.

Services you provide.

Regulations, procedures and procedures to which the actions of individuals are subject to the respective body or entity, specifying in detail the documents to be supplied, as well as the responsible agencies and the terms in which they must meet the expected stages in each case.

Localization of dependencies, work schedules, and other indications that are necessary for people to be able to fulfill their obligations or exercise their rights to them.

Dependency, charge, or name to address in case of a complaint or complaint.

On specific regulatory projects and their actions in the execution of their functions in the respective entity of their competence.

In no case will the person's personal presence be required to obtain this information, which must be supplied, if so requested by any means at the expense of the data subject.

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ARTICLE 9o. OF THE OBLIGATION TO ATTEND TO THE PUBLIC. 309 of Law 1437 of 2011. Governs from 2 July 2012. The text in force until this date is as follows: > Public entities will not be able to close the office to the public until they have attended to all the users who have entered the normal hours of care, which must be at least eight (8) hours a day, without prejudice to the implementation of special hours of care for the public at events in which the respective public entity does not have staff specialized for the effect. These entities shall implement a shift system in accordance with the new technologies used for this purpose. The Ministry of Foreign Affairs will point out the schedule at the offices of nationality, treaties and visas, for the specialty and complexity of the issues that it is up to to attend to the attention of the telephone and the e-mail permanent.

Vigency Notes
Matches
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ARTICLE 10. USE OF MAIL FOR SENDING INFORMATION. amend Article 25 of Decree 2150 of 1995, which will be as follows:

"Article 25. Using mail for sending information. Public Administration entities shall facilitate the receipt and dispatch of documents, proposals or requests and their respective responses by means of certified mail and by e-mail.

In no case may applications or reports sent by natural or legal persons received by mail within the national territory be rejected or inadmitted.

The requests of the administered or the users will be understood as the day of incorporation to the mail, but for the purposes of the computation of the term of answer, they will be understood radicalized the day in which the document arrives to the entity and not the day of their incorporation into the mail.

The requests made to the administered or users referred to in this article, and sent by mail, must be answered within the term that the communication itself points out, which will begin to be counted from the date of receipt of the same at the address of the consignee. Where it is not possible to set the date of receipt of the document at the address of the addressee, ten (10) days of the date of dispatch shall be presumed in the mail.

Likewise, the petitioners may request the mailing of documents or information to the public entity, for which they shall attach to their request an envelope with paid and duly completed transport.

PARAGRAFO. For the purposes of this article, the mailing by registered mail is valid, as long as the address is correct and clearly diligent ".

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ARTICLE 11. PROHIBITION OF REQUIREMENT OF PREVIOUSLY ACCREDITED REQUIREMENTS. amend Article 14 of Decree 2150 of 1995, which will remain so:

" Article 14. In relation to the actions to be taken before the Public Administration, it shall prohibit the requirement of any proof or document attesting to the performance of a sold-out administrative action, when an ongoing procedure assumes that the was regularly completed.

You may also not be able to request documentation of administrative acts offered by the same authority under which the respective action is being processed.

Administrative authorities of any order will not be able to revive formalities or requirements that are eliminated or modified by the legislator or the National Government. "

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ARTICLE 12. PROHIBITION OF REQUIREMENT OF VERIFICATION OF, PRIOR PAYMENTS. amend Article 34 of Decree 2150 of 1995, which will remain so:

" Article 34. Prohibition of prior payment checking requirement. In relation to payments to be made to the Public Administration, the requirement for payment vouchers made with prior to accepting a new payment, unless the latter involves the clearing of debts with balances in favour or overpayments, or the cases in which the payment of late periods to the System of Integral Social Security ".

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ARTICLE 13. PROHIBITION OF THE REQUIREMENT OF PERSONAL PRESENTATIONS TO PROVE SURVIVAL. No authority may require personal presentations to prove survival when no more than one (1) year has elapsed from the last Survival presentation. This term will be three (3) months in the case of entities that are part of the Integral Social Security System, unless the person is resident outside the country where there is no Colombian consular representation, in whose case will operate the term of six (6) months.

PARAGRAFO. The certificate of survival may only be required where the amount of the benefit is paid on account of current or savings accounts, opened in the name of the benefit holder, or when it is charged through a third party.

Editor Notes

ARTICLE 14. OFFICIAL REQUEST BY PUBLIC ENTITIES 16 of Decree-law 2150 of 1995, shall be as follows:

" Article 16. Official request by public entities. When the entities of the Public Administration require to verify the existence of a necessary circumstance for the solution of a procedure or request the individuals, who are in another public entity, shall request the entity to send such information. In such a case, the load of the test will not be the responsibility of the user.

The exchange of information between different official entities will be allowed, in application of the principle of collaboration.

The sending of the information by fax or any other means of electronic transmission, coming from a public entity, will give sufficient merit and will serve as proof in the performance in question as long as it is properly digitally certified by the entity that issues it and has been requested by the senior official of the entity to whom the procedure is attributed.

When a public entity requires information from another entity of the Public Administration, it will give priority to the attention of those requests, and must resolve them in a term not greater than ten (10) days, for which they must proceed to establish compatible telematics systems to integrate and share frequently used information by other authorities. "

Matches
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ARTICLE 15. RIGHT OF DUTY. The bodies and entities of the National Public Administration that know of petitions, complaints, or complaints, must strictly respect the order of their presentation, within the criteria mentioned in the the right of petition to deal with article 32 of the Administrative Code, without regard to the nature of the petition, complaint or claim, unless they have legal precedence. Special procedures governed by the law shall be treated in accordance with the law. If the right of duty is not enshrined in the special law, the provisions of this law shall apply.

In all entities, dependencies and public offices, a document filing record must be kept, in which all the written, requests and resources that are presented by the users will be kept on record, in such a way that They may verify the strict respect of the right of shift, within the criteria mentioned in the regulation mentioned in the previous paragraph, which shall be public, as well as the registration of the matters established in the entity or body. Both the regulation and the register will be kept at the disposal of the users in the office or mechanism of attention to the user.

When it comes to payments to be served by the Public Administration, they will be subject to budgetary normativity.

Vigency Notes
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ARTICLE 16. NON-AUTHORIZED CHARGES. No body or entity of the National Public Administration may charge, for the performance of its functions, any value for the purposes of fees, contributions, forms or price of services that are not expressly authorised by law with force of law or by standard issued by competent authority, which determines the resources with which the entity or body shall count to fulfil its purpose.

Vigency Notes

9 of Law 1212 of 2008 >

Vigency Notes
Previous Legislation
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ARTICLE 17. In no case will the administration's actions be able to provide incentives to public servants for the imposition of fines or penalties, and the amount or value of the same, either may be taken into account for the assessment of their performance.

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ARTICLE 18. REMOVAL OF COLLECTION ACCOUNTS. Article 19 of Decree-Law 2150 of 1995, shall be as follows:

" Article 19. Deleting the collection accounts. For the payment of contractual obligations incurred by public entities, or private entities that perform public functions or administer public resources, the filing of collection accounts by the public authorities shall not be required. contractor.

Orders for the purchase of items or services, which are accompanied by the offer or quotation presented by the offeror and accepted by the competent official, shall not require the signature of the acceptance of the proposer.

The above, without prejudice to the obligation to issue the invoice or any other equivalent document when the International Treaties or the laws so require. "

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ARTICLE 19. ADVERTISEMENT AND NOTIFICATION OF ACTS OF REGISTRATION AND TERM FOR USE. For the purposes of Articles 14, 15 and 28 of the Administrative Contentious Code, entities responsible for carrying public records may inform interested persons about actions consistent with requests for registration, through the publication of the same in public electronic means, in the which shall indicate the date of the application and the object of the registration.

The acts of registration referred to in this Article shall be deemed to be notified to the interveners in the performance and to third parties on the day on which the corresponding entry is made.

When the performance of registration is published in the manner provided for in the first or the first paragraph of this article, the resources that come against the act of registration may be brought within five (5) days after the date of the registration. respective record.

ARTICLE 20. DELETION OF STAMPS the development of Public Administration actions, whether or not individuals are involved, the use of stamps, whatever the mode or technique used, is prohibited in the granting or processing of documents, except for those required for security reasons.

The signature and the name of the charge will be sufficient information for the issue of the respective document. Prohibit public servants from registering a notarial record of any stamp drawn up for the use of public administration. Public Notaries are also prohibited from establishing such records, as well as issuing certifications on them.

PARAGRAFO. This stamp deletion does not apply to products that require health registration, when required by the rules as mandatory, and to the stamps established on the basis of the Agreements and Treaties. International commercial nature signed by Colombia.

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ARTICLE 21. COPIES OF THE CIVIL STATUS RECORDS. Copies of the civil status records issued by the National Registry of the Civil State or the Notaries by means of magnetic and optical means shall have full probative value. The value of the same will be assumed by the citizen taking into account the rate that the National Registrar of the Civil State will fix annually which will be fixed according to the constitutional and legal norms and in no case the price fixed will be able exceed the cost of the playback.

PARAGRAFO. Copies of the civil birth register shall be valid for all purposes, regardless of the date of their issue. Accordingly, no public or private entity may require this document with a given date of issue, except for the pension procedure, health insurance affiliation, occupational risks and pensions and for the conclusion of the marriage, events in which the corresponding civil registration may be requested with an updated date of issue, in no case less than three (3) months.

Concordant Case-law
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ARTICLE 22. UNIQUE NUMBER OF PERSONAL IDENTIFICATION. Create the Unique Personal Identification Number, NUIP, which will be assigned to Colombians by the National Registry of the Civil State at the time of registration of the civil registry of birth issued by the officials who carry the Civil Registry. The NUIP shall apply to all acts and acts affecting the civil status of persons, and to all documents issued by public authorities.

The NUIP will be assigned by each office of civil registry and its administration corresponds to the National Registry of the Civil State, which will determine the composition and structure of the same. For the elderly when this law is issued, the NUIP is understood to be the number of citizenship cards for each Colombian.

The NUIP will not change at any time and when document changes exist, the original NUIP will be retained.

The National Registry of the Civil State will be able to create the mechanisms for the issuance of documents that allow for the full identification of minors and the elderly.

The NUIP will be valid as a universal identification number in all the entities of the Integral Social Security System. "

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ARTICLE 23. PROHIBITION ON WITHHOLDING DOCUMENTS. amend Article 18 of Decree 2150 of 1995, which will be as follows:

" Article 18. Ban on withholding documents. No authority will be able to retain the citizenship card, the foreign card, the passport, the driving license, the judicial past, the military notebook, or any other document of the persons. If a person is required to be identified, she will fulfill the obligation by displaying the corresponding document. It is forbidden to retain them to enter any public or private dependency. "

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ARTICLE 24. PRESUMPTION OF VALIDITY OF SIGNATURES. 36 of Decree 19 of 2012. The new text is as follows: > The signatures of private persons imposed on private documents, which must act in proceedings before public authorities, will not require authentication. Such signatures shall be presumed to be of the person in respect of which they are claimed. Such presumption shall be dismissed if the person of whom the signature is said belongs, the tacha of false, or if, by means of duly proven technological methods, the falsehood of the signature is determined.

Documents involving transaction, withdrawal and, in general, the provision of rights, shall be submitted and provided to the administrative processes and procedures in accordance with the applicable special rules. In the same way, the documents related to the integral social security system and those of the teachers are excepted.

Vigency Notes
Previous Legislation
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ARTICLE 25. PROHIBITION OF EXTRAJUDICIAL STATEMENTS. amend Article 10 of Decree 2150 of 1995, which will be as follows:

" Article 10. Ban on extrajudicial statements. In all proceedings or administrative proceedings, the extrajudicial statements before a judge or authority of any kind shall be deleted as a requirement. For these purposes, the statement made by the individual before the public entity shall be sufficient, which shall be understood as the gravity of the oath. Where witnesses are required to prove facts before an administrative authority, the declaration that they are held shall be sufficient under the seriousness of the oath, to the same authority, either in a verbal or written statement separately, without prejudice to the fact that the person concerned with the decision of the administration may exercise the right of contradiction on the testimony.

PARAGRAFO. The provisions of this Article shall not govern cases in which the Public Administration acts as a social security or forecasting entity or as a responsible for the recognition or payment of pensions, or for the cases provided for in the General System of Social Security in Health and occupational risks, nor for those related to Social Protection established by the National Government. "

CHAPTER II.

STREAMLINING OF PROCEDURES FOR THE EXERCISE OF ACTIVITIES BY INDIVIDUALS.

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ARTICLE 26. ELECTRONIC INVOICE. For all legal purposes, the electronic invoice may be issued, accepted, filed and generally taken using any available technology, provided that all legal requirements are met. established and the respective technology that guarantees their authenticity and integrity from their expedition and throughout the time of their conservation.

The possibility of charging a service based on the issuance of an electronic invoice shall be subject to the express, informed and written consent of the user or consumer of the good or service.

Effective Case-law

ARTICLE 27. REQUIREMENTS FOR THE OPERATION OF TRADING ESTABLISHMENTS The corresponding public authorities and servants shall be subject only to the provisions of Law 232 of 1995; by which rules for the operation of commercial establishments are dictated, as regards the requirements for the opening and functioning of trading establishments.

The compliance with the legal requirements for the issue of concepts, certificates or constances that are not expressly listed in that law may not be conditioned.

The location of the types of establishments will be determined within the POT, issued by the respective municipal councils, taking into account that in no case may activities be carried out whose object is illegal in accordance with the laws.

Editor Notes

ARTICLE 28. STREAMLINING OF THE CONSERVATION OF BOOKS AND TRADING PAPERS merchant's books and papers shall be kept for a period of ten (10) years from the date of the last seat, document or voucher, which may be used for the purpose, at the discretion of the trader, for his or her preservation on paper or in any technical, magnetic or electronic means guaranteeing his/her exact reproduction.

The same term applies in relation to persons, non-merchants, who are legally required to keep this information.

This is without prejudice to the minor terms enshrined in special rules.

Effective Case-law

CHAPTER III.

OF TERRITORIAL ENTITIES ' REGULATIONS, PROCEDURES AND PROCEDURES.

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ARTICLE 29. SIMPLIFICATION OF THE DESLINDE AND AMOJONAMIENTO PROCEDURE OF TERRITORIAL ENTITIES. <Article repealed by article 14 of Law 1447 of 2011>

Vigency Notes
Previous Legislation
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ARTICLE 30. AMOJONAMIENTO, ALINDERATION AND PROVISIONAL LIMIT OF TERRITORIAL ENTITIES. <Article repealed by article 14 of Law 1447 of 2011>

Vigency Notes
Previous Legislation

CHAPTER IV.

OF THE REGULATIONS, PROCEDURES AND PROCEDURES OF THE INTERIOR AND JUSTICE SECTOR.

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ARTICLE 31. SINGLE FORM FOR TERRITORIAL ENTITIES. In order to minimize the amount of forms that the territorial entities must carry out at the request of the entities of the national order, the Ministry of the Interior and Justice will coordinate in the term of ninety (90) days from the enactment of this law, the design and application of a common format, when several of them request information of the same nature.

The requesting entities will be required to apply the format they agree to with the Ministry of Interior and Justice.

Editor Notes
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ARTICLE 32. SIMPLIFICATION OF THE REGISTRATION PROCEDURE IN THE DISPLACED BENEFITS PROGRAM. Article 32 of Law 387 of 1997, will be as follows:

" Article 32. They shall be entitled to receive the benefits enshrined in this law, the Colombians who are in the circumstances provided for in Article 1° of it and who have declared those facts before the Attorney General of the Nation, or the Ombudsman's Office, or the Municipal or District Persons, in a unique format designed by the Social Solidarity Network. Any of those bodies which receive the said declaration shall forward a copy of the said declaration, not later than the following working day, to the Social Solidarity Network or to the office designated by it at the departmental, district or municipal level, for its enrollment in the benefit program.

PARAGRAFO. When it is established that the facts declared by the person alleging the status of displaced persons are not true, this person will lose all the benefits granted by this law, without prejudice to criminal sanctions. where there is a place. "

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ARTICLE 33. EXAMINATION FOR THE EXERCISE OF THE OFFICE OF OFFICIAL TRANSLATOR AND INTERPRETER. amend Article 4 of Decree 382 of 1951, which shall be as follows:

" Article 4o. An examination for the exercise of the official translator and interpreter. Everyone who aspires to perform the Official Translator and Interpreter's office must approve the examinations which are available to them. public and private universities which have the power of languages duly accredited and recognised by the ICFES or the entity holding such recognition.

The document issued by the Universities in which the corresponding examination is approved, that is, the suitability for the exercise of the trade, constitutes a license to perform as an official translator and interpreter.

PARAGRAFO. The licenses issued prior to the entry into force of this law will continue to apply.

Who by the date of entry into force of this law have passed the examination to prove the quality of the Official Translator or Interpreter, and have not applied for the respective license to the Ministry of the Interior and Justice, shall be governed as set out in this Act. "

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ARTICLE 34. DIVORCE BEFORE NOTARY. It may be agreed before notary, by mutual agreement of the spouses, through a lawyer, through public deed, the cessation of the civil effects of any religious marriage and the divorce of civil marriage, without prejudice to the jurisdiction assigned to the judges by law.

Divorce and cessation of civil effects before notary will have the same effects as the judicially decreed.

PARAGRAFO. The Family Defender will intervene only when there are minor children; for this purpose you will be notified of the agreement to which the spouses have arrived in order to give their concept in what has to be to see with the protection of minor children.

Effective Case-law
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ARTICLE 35. SIMPLIFICATION OF THE REGISTRATION PROCEDURE FOR ASSOCIATIONS OF LOBBYISTS AND/OR TRADITIONAL INDIGENOUS AUTHORITIES. amend Decree 1088 of 1993 in Articles 11, 12 and 14 in the following terms:

Article 11 will remain so:

Item 11. Association record. Once the association has been formed, it must be registered with the Department of the Interior and Justice Ministry, which will inform the local authorities of this fact for the purpose of facilitating institutional coordination.

Article 12 will remain so:

Article 12. Requirements. The registration request must contain the following documents:

Copy of the Association's Conformation Act, subscribed by the representatives of each associated lobby.

Copy of the Act of Choice and Recognition of the Cabildo or Indigenous Authority by the respective Community.

Copy of association statutes.

Article 14 will remain so:

Article 14. In the non-regulated aspects, Decree 2164 of 1995 and/or the uses and customs of indigenous peoples will apply. In no case will no legally intended requirements be required.

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ARTICLE 36. Modify the paragraph of article 82 of Decree 2150 of 1995, which will remain so:

PARAGRAFO. " ... In no case will the certificate on the lack of reports on drug trafficking be issued to those who request it without a specific purpose. Without prejudice to the provisions of Article 87 of Decree 2150 of 1995, the National Narcotics Directorate may issue the certificate on the lack of reports on drug trafficking to entities, (a) a public body or agency where it is required by the latter, for which the express and written request of its legal representative or of the person to whom the latter has delegated responsibility for such formalities shall be sufficient. '

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ARTICLE 37. Also, the following matters shall be of competence of the notaries: constitution of the patrimony of the unembargable family; capitulations, constitution, dissolution and liquidation of the society Permanent colleagues ' estate; civil marriage and inventory of child's property under parental authority when parents are administering them and want to marry.

CHAPTER V.

OF FOREIGN RELATIONS REGULATIONS, PROCEDURES AND PROCEDURES.

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ARTICLE 38. PROOF OF NATIONALITY. Amend article 3° of Law 43 of 1993, which will remain so:

" Article 3o. Proof of nationality. For all legal purposes, it will be considered as proof of Colombian nationality, the citizenship card for those over eighteen (18) years, the identity card for the oldest of fourteen (14) years and under eighteen (18). years or the civil registration of birth for minors of fourteen (14) years, issued under the organization and direction of the National Civil Registry, accompanied by proof of domicile where the case is.

PARAGRAFO. However, people who have met the conditions set out in Article 96 of the Political Constitution to be Colombian by birth and the documents proving the nationality, in accordance with the provisions of this Article, have not been issued to them, may, for the purposes of renouncing the Colombian nationality, present the respective application accompanied by the documentation to verify that the person is a Colombian national and the compliance with the requirements set out in the aforementioned article of the Political Constitution. "

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ARTICLE 39. REQUIREMENTS FOR THE ACQUISITION OF COLOMBIAN NATIONALITY BY ADOPTION. Amend article 5° of Law 43 of 1993, which will remain so:

" Article 5o. Requirements for the acquisition of Colombian nationality by adoption. Only Nature Charter or Enrollment Resolution may be issued:

To foreigners referred to in literal (a) of article 96 of the Political Constitution than during the five (5) years immediately preceding the date of filing of the application has been domiciled in the country on a continuous basis and the foreign resident visa holder. In the event in which the aforementioned foreigners are married, or are permanent companions of Colombian national, or have Colombian children, the term of continuous domicile will be reduced to two (2) years.

Effective Case-law

To Latin Americans and the Caribbean by birth that during the year immediately prior to the filing date, have been domiciled in the country continuously, taking into account the principle of reciprocity. using existing international treaties.

Effective Case-law

The children of foreigners born in the Colombian territory to whom no State recognizes their nationality, proof of nationality is the civil registry of birth without the requirement of domicile. However, it is necessary for foreign parents to certify through the certification of the diplomatic mission of their country of origin that the country does not grant the nationality of the parents to the child by consanguinity.

PARAGRAFO 1o. The above provisions shall apply without prejudice to the particular status of nationality in international treaties in which Colombia is a party.

PARAGRAFO 2o. For the purposes of this article, it is understood that foreigners are domiciled when the National Government issues the respective Resident Visa. Therefore, the terms of domicile will be counted from the issuance of the said visa.

PARAGRAFO 3o. Pursuant to Article 20 of the San Jose Pact of Costa Rica, the Convention on the Rights of the Child and article 93 of the Political Constitution, the children of foreigners born in Colombian territory to whom no State recognizes their nationality, will be Colombians and will not be required proof of their domicile, and in order to prove that no other State recognizes them. the nationality shall be required to be declared by the Diplomatic or Consular Mission of the State of the nationality of the parents.

Effective Case-law
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ARTICLE 40. INTERRUPTION. Amend article 6° of Law 43 of 1993, as amended by article 77 of Decree 2150 of 1995, which will remain so:

" Article 6o. Home break. The absence of Colombia for a term equal to or greater than one (1) year, interrupts the period of continuous domicile required in the previous article.

Only the President of the Republic with the signature of the Minister of Foreign Affairs will be able to reduce or exonerate the term of domicile provided for in the literals a) and b) of the previous article, when in his judgment it is considered of convenience for Colombia.

You may also exempt from the requirements stated in Article 9° of Law 43 of 1993, when you consider it to be of convenience for Colombia. The provisions of Articles 1 and 5 of that Article shall be exempt from this provision. '

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ARTICLE 41. DOCUMENTATION. Amend article 9° of Law 43 of 1993, reformed by article 79 of Decree 2150 of 1995, which will remain so:

" Article 9o. Documentation. For the issuance of the Nature Charter or Enrollment Resolution as Colombians for adoption, the foreigner must present the following documents:

Memorial addressed to the Minister of Foreign Affairs requesting Colombian nationality, with their respective motivation.

Accreditation of the satisfactory knowledge of the Spanish language, when this is not his mother tongue. For indigenous people who share border territories that speak one or more of Colombia's official indigenous languages, knowledge of the Spanish language will not be a requirement. It is also excepted to credit this requirement to those who have completed their secondary or university studies in Colombia and those over sixty-five (65) years old.

Accreditation of basic knowledge of the Colombian Constitution and general knowledge of the country's history and geography. The exception of this requirement is that those who have completed their secondary or university studies in Colombia and those over sixty-five (65) years old.

Accreditation of profession, activity or trade that it exercises in Colombia with certification issued by competent authority.

Accreditation, by appropriate document, of the place and date of birth of the applicant.

Valid Marriage Civil Registry in Colombia in case the applicant is married (a) to Colombian (or), or the court judgment proffered by the family judge to prove the conformation of the marital union in fact.

Birth registration of children born in Colombia, if applicable.

Photocopy of the current foreign card.

PARAGRAFO 1o. The petitioner who is unable to accredit some of the requirements outlined in this article must accompany the nationalization application for an explanatory letter of the reasons that prevent him from doing so, addressed to the Ministry of Foreign Affairs, which in its judgment will consider authorizing the submission of the extra evidence of the case.

PARAGRAFO 2o. People who obtain Colombian nationality by adoption will define their military situation in accordance with national law, unless they have established that they have defined such a situation in accordance with the law of their country of origin.

PARAGRAFO 3o. Knowledge exams cannot be done with multiple selection questions.

PARAGRAFO 4o. If the foreigner loses the knowledge exams, they can be repeated six (6) months after the start date of the initial examinations, as long as the interested party communicates in writing. The Ministry of Foreign Affairs is interested in repeating them.

PARAGRAFO 5o. In the opinion of the Ministry of Foreign Affairs, the applicant may be given an interview by the officials of the Legal Advisory Office (Area of nationality). "

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ARTICLE 42. REPORT ON THE APPLICANT. Amend article 10 of Law 43 of 1993, which will remain so:

" Article 10. Report on the applicant. The Ministry of Foreign Affairs may request the respective official authority, the information necessary to have full knowledge of the background, activities of the applicant and other relevant information for the purposes provided for in this law. The Ministry will request the Administrative Department of Security, DAS, information on the activities of the foreigner, if the latter has a Jewish background and any other information that this entity considers important. In any case, the report shall contain the information provided by the respective International Bureau of Police, Interpol. The report sent by the Administrative Department of Security, DAS and the DIAN, if this is the case, will be reserved. At the event that the concept is not satisfactory, the Ministry of Foreign Affairs may, without further processing, deny the request for nationality. "

CHAPTER VI.

OF THE REGULATIONS, PROCEDURES AND PROCEDURES OF THE PUBLIC CREDIT AND FINANCE SECTOR.

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ARTICLE 43. CORRECTION OF ERRORS AND INCONSISTENCIES IN STATEMENTS AND RECEIPTS FOR PAYMENT. When in the verification of compliance with the obligations of the taxpayers, persons responsible, holding agents, and other declarants of the taxes are detected inconsistencies in the filing of the forms prescribed for the effect, such as omissions or errors in the concept of the tax which is cancelled, year and/or taxable period; these may be corrected ex officio or at the request of a party, without sanction, so that the real truth about the formal, generated by mistake prevails, as long as the inconsistency does not affect the value to be declared.

Under these same budgets, the Administration may correct without penalty, NIT errors, imputation or arithmetic errors, as long as the modification is not relevant to define in depth the determination of the tribute or the discrimination of retained values for the case of the monthly statement of retention at source.

The correction may be made at any time, modifying the information in the systems that the entity manages for that purpose, adjusting records and the financial statements to which there is a place, and shall inform the data subject of the correction.

The statement, thus corrected, supersedes for all legal effects the one filed by the taxpayer, responsible, holding agent or declarant, if within the month following the notice the interested party has not submitted in writing any objection.

ARTICLE 44. INFORMATION ABOUT CONTRIBUTORS The Tax Administration may not require information and evidence that has been previously provided by the respective taxpayers and other taxpayers. In the event that the individual may do so, he may refrain from submitting it without any penalty for such a fact.

The requirements for information and evidence related to investigations conducted by the national tax administration must be made to the principal address of the required taxpayers.

PARAGRAFO. For the purposes set out in this Article, information is understood to be provided, inter alia, to information contained in the tax declarations, in the magnetic media delivered with exogenous information and the delivery by virtue of tax inspection requirements and visits.

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ARTICLE 45. CONSECUTIVE NUMBERING REQUIREMENTS FOR THE BILLING CASE USING CASH REGISTERS. Add the following paragraph to Article 617 of the Tax Statute:

" Article 617. Tax Status.

(...)

" Paragraph. The use of daily or periodic numbering shall be admissible in the case of invoicing by registered machines, provided that it corresponds to a system in a row which allows the individual to be individually identified and distinguished. invoiced, either by numerical, alphabetic or alphanumeric prefixes or similar mechanisms. "

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ARTICLE 46. RATIONALIZATION OF THE CONSERVATION OF SUPPORTING DOCUMENTS. The period of retention of information and evidence referred to in Article 632 of the Tax Statute shall be for the period of time. the income statement to be supported in the documents stated in the documents is signed. The retention of information and evidence must be carried out at the taxpayer's main address.

Matches
Concordant Case-law
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ARTICLE 47. FIXING TAX REFUND PROCEDURES. Addition to Article 855 of the Tax Statute, with a final paragraph of the following wording:

" Article 855. (...)

The term provided for in this Article applies equally for the return of taxes paid and not caused or overpaid.

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ARTICLE 48. FILING OF NATIONAL AND LOCAL TAX RETURNS. Without prejudice to the provisions of Article 606 of the Tax Statute, national tax returns shall be filed for each natural or legal person, without the possibility of requiring the declaration by each of its establishments, branches or agencies.

In the case of territorial taxes, it must be presented in each territorial entity, and for each tribute, a single declaration, that covers the different establishments, branches or agencies, that the responsible has in the respective entity territorial, except in the case of the pre-dial tax.

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ARTICLE 49. Article 144 of Law 446 of 1998, will remain so:

" The jurisdictional processes to be brought forward to the Superintendence of Industry and Commerce in the field of unfair competition, will be followed in accordance with the provisions of the abbreviated process provided for in Chapter I, Title XXII, Third Book of the Code of Civil Procedure. In the event of compensation claims, they shall be processed within the same process.

TRANSIENT PARAGRAPH. In the case of unfair competition known to the Superintendence of Industry and Commerce which have been initiated before the entry into force of this Law, in the event of a claim for damages, once the Decision of the Superintendency of Industry and Commerce regarding the conduct of unfair competition, the affected will have fifteen (15) working days to request the liquidation of the corresponding damages, which will be resolved as a incidental processing as provided for in the Code of Civil Procedure. "

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