ACT 1014 2006
Official Gazette No. 46164 of 27 January 2006 COLOMBIA CONGRESS
De promotion of entrepreneurship culture. Summary
THE CONGRESS OF COLOMBIA DECREES:
CHAPTER I. GENERAL PROVISIONS.
ARTICLE 1o. DEFINITIONS.
A) Culture: A set of values, beliefs, ideologies, habits, customs and norms shared by individuals in the organization and arising from social interaction, which generate collective behavior patterns that establishes an identity among its members and identifies another organization;
B) Entrepreneur: A person with capacity to innovate; understood as the capacity to generate goods and services in a creative, methodical, ethical, accountable and effective;
C) Entrepreneurship: A way of thinking and acting oriented wealth creation. It is a way of thinking, reasoning and acting focused on the opportunities, posed with a global vision and carried out by means of a balanced leadership and management of a calculated risk, the result is the creation of value that benefits the company, the economy and the society;
D) Entrepreneurship: Deployment of the creative ability of the person on the reality around him. It is the capacity that every human being to perceive and interact with their environment, mediating for this entrepreneurial skills;
E) Training for entrepreneurship. Training for entrepreneurship seeks to develop entrepreneurship culture with actions seeking among other basic skills training, job skills, citizenship skills and business skills within the formal and non-formal education system and its articulation with the productive sector;
F) Business Plans. It is a written document that clearly defines the objectives of a business and describes the methods to be employed to achieve the objectives.
Education must incorporate in the theoretical and practical training, the most advanced science and technology, so that the student is able to create his own company, adapt to new technologies and the advancement of science , likewise must act as an entrepreneur from his job.
. PURPOSE OF THE LAW. This law aims:
a) To promote the entrepreneurial spirit in all the educational institutions of the country, which is propenda and work together on the principles and values established by the Constitution and those established in this law;
B) Have a set of regulatory principles that lay the groundwork for a state policy and a legal and institutional framework to promote entrepreneurship and business creation;
C) Establish an interagency framework to promote and develop the culture of entrepreneurship and business creation;
D) Establish mechanisms for the development of enterprise culture and entrepreneurship by strengthening a public system and the creation of a network of productive development instruments;
E) Create a link of the education system and national production system through training in basic skills, job skills, citizenship skills and business skills through a cross-chair of entrepreneurship; understood as such, the training developed in all programs of an educational institution in the levels of preschool education, basic education, basic primary education, secondary basic education and secondary education, to develop the culture of entrepreneurship;
F) Induce the establishment of better conditions of institutional environment for the creation and operation of new businesses;
G) Tend productive development of micro and small innovative companies, creating for them conditions of competition on equal opportunities, expanding the productive base and their entrepreneurial capacity, in order to release the creative potential of generating better quality work , to contribute to the maintenance of productive resources and a more balanced and autonomous territorial development;
H) To promote and address the country's economic development promoting productive activity through creation processes relevant companies, articulated with chains and relevant to the region real productive clusters and a high level of planning and long view term;
I) Strengthen the business processes that contribute to local, regional and territorial development;
J) Searching through networks for entrepreneurship, support and sustainability of new businesses in a safe, controlled and innovative.
ARTICLE 3. GENERAL PRINCIPLES. The principles by which all are governed entrepreneurial activity are as follows:
a) Comprehensive training in aspects and values such as human development and community self-esteem, autonomy, sense of belonging to the community, teamwork, solidarity, partnership and development of the taste for innovation and encouraging research and lifelong learning;
B) Strengthening associative processes and team work around productive projects with social responsibility;
C) Recognition of conscience, the right and responsibility of developing as individuals and as members of a community;
D) Support for sustainable enterprise processes from the social, cultural, environmental and regional perspective.
ARTICLE 4. STATE OBLIGATIONS. They are obligations of the State to ensure the effectiveness and development of this law, the following:
1. Promote in all formal and informal educational institutions, the link between the educational system and the production system to boost efficiency and quality of training services.
2. Find the allocation of public resources to support entrepreneurship networks duly registered with the Ministry of Commerce, Industry and Tourism.
3. Find the allocation of public resources for support and periodic sustainability of entrepreneurship networks duly registered with the Ministry of Commerce, Industry and Tourism.
4. Seek agreements with financial institutions to make business plans of new entrepreneurs serve as collateral for lending.
5. Establish agreements with financial institutions to make business plans of new entrepreneurs serve as collateral for lending, with the backing, support and commitment tracking any of the members that make up the National Network for Entrepreneurship.
6. Create conditions for funds in regions angel investors, seed capital funds and venture capital funds to support new businesses arise.
The 5th ITEM. NATIONAL NETWORK FOR ENTREPRENEURSHIP. The National Network for Entrepreneurship under the Ministry of Commerce, Industry and Tourism, or his substitute, shall be composed of delegates from the following institutions:
1. Ministry of Commerce, Industry and Tourism who will preside.
2. Ministry of National Education.
3. Ministry of Social Protection.
4. The Directorate General of the National Apprenticeship Service, Sena.
5. National Planning Department.
6. Colombian Institute for the Development of Science and Technology "Francisco José de Caldas" Colciencias.
7. Presidential Colombia Joven program.
8. Three representatives of the Institutions of Higher Education, appointed by their respective associations: Universities (Ascun) Technological Institutions (Aciet) Technical Professionals and Institutions (Acicapi) or his substitute.
9. Colombian Association of Small and Medium Enterprises, Acopi.
10. National Federation of Traders, Fenalco.
11. A representative of the Development Bank and Microcredit.
12. A representative of the Association of Young Entrepreneurs, appointed by the Ministry of Commerce, Industry and Tourism.
13. A representative of the Family Compensation.
14. A representative of the Foundations dedicated to entrepreneurship.
15. A representative of business incubators in the country. PARAGRAPH 1.
. Delegates should be permanent, formal delegation by the legal representative of the institution or sector association that represents and shall exercise functions related to the object of this law. PARAGRAPH 2.
. The National Government will once it is in operation and properly regulated "Network for Entrepreneurship", creating an institution of mixed character of the national order, in coordination with departmental public and private entities, fully develop the objectives and functions set articles in 7th and 8th of this law respectively.
ARTICLE 6o. REGIONAL NETWORK FOR ENTREPRENEURSHIP. The Regional Network for Entrepreneurship, attached to the Interior Department, or his substitute, shall be composed of delegates from the following institutions:
1. Departmental Government who will preside.
2. Regional Directorate of the National Apprenticeship Service, Sena.
3. Chamber of Commerce of the capital city.
4. Mayor of the capital city and a representative of the mayors of the other municipalities appointed from among themselves.
5. A representative of the youth department offices.
6. A representative of the Institutions of Higher Education in the region designated by the Regional Centre for Higher Education, CRES.
7. A representative of the Family Compensation department.
8. A representative of the Association of Young Entrepreneurs, with presence in the region.
9. A representative of the Development Bank and microcredit presence in the region.
10. A representative of the unions with a presence in the region.
11. A representative of business incubators presence in the region.
PARÁGRAFO. Delegates should be permanent by formal delegation of the legal representative of the institution, or sector union that represents and shall exercise functions related to the object of this law.
ARTICLE 7. OBJECT OF NETWORKS FOR ENTREPRENEURSHIP. Entrepreneurship networks are created for the purpose of:
a) Establish policies and guidelines aimed at promoting culture for entrepreneurship;
B) Develop a national strategic plan for the comprehensive development of culture for entrepreneurship;
C) To establish the working groups according to article 10 of this law;
D) Be articulators of organizations that support innovative ventures and activities that generate employment in the country;
E) Develop joint actions between various organizations to harness synergies and enhance efforts to promote business ventures;
F) Any other necessary for its proper functioning.
Article 8. NETWORK FUNCTIONS FOR ENTREPRENEURSHIP. Networks for Entrepreneurship have the following functions:
a) To establish the permanent observatory processes entrepreneurship and business creation "hisses company," which will serve as system monitoring and business support;
B) To propose the inclusion of plans, programs and projects related to entrepreneurship;
C) Order and inform public and private supply of venture taking advantage of technological resources that already have the entities of the network;
D) To propose instruments to evaluate the quality of programs aimed at promoting entrepreneurship and entrepreneurial culture in formal and non-formal education;
E) Articulate national and regional efforts towards events that foster entrepreneurship and entrepreneurial activity and facilitate the growth of productive projects;
F) Establish guidelines to facilitate cost reduction and procedures related to the formalization of enterprises (trademarks, patents, Invima, health, records etc.);
G) To promote the creation of networking between investors, entrepreneurs and related institutions in order to develop productive projects;
H) To propose instruments that allow standardize information and requirements for access to resources in financing governmental entities;
I) Standardize quality criteria for the development of processes and procedures in all phases of entrepreneurship;
J) issue guarantees to business plans concursen for obtaining state resources through any of the entities of the network.
Article 9. TECHNICAL SECRETARY. The Technical Secretariat will be the operational instrument of entrepreneurship networks responsible for coordinating all actions of an administrative nature, and must meet among others the following features:
1. Plan and monitor the implementation of the planned strategy for the development of entrepreneurship.
2. Submit monthly reports to the members of the network on the actions and programs carried out around the enterprise.
3. Promote the development of the functions assigned to the network.
4. Promote the development of diagnostic and Entrepreneurship studies.
5. Management indicators to monitor the development of entrepreneurial activity in the region.
6. Other assigned by the network.
PARÁGRAFO. The Technical Secretariat for each network will be responsible for their own funding, organization and implementation of their respective headquarters.
WORKBENCHES ENTREPRENEURSHIP NETWORK. The workshops are a space for discussion and analysis for all the institutions that make up the network, feel involved and achieve develop actions based on the guidelines set out by them. They may become valid interlocutors of the institutions responsible for the operation.
ARTICLE 11. PURPOSE OF THE WORKING. Work tables made up of entrepreneurship networks have the following object:
1. Sensitization: Working in the design and implementation of a unified, aimed at motivating people to get involved in entrepreneurship discourse. Message massification achieve a more efficient use of resources.
2. Training: Unify training criteria. Train Trainers. Extend the training to public and private schools.
3. Preincubation (Business Plans): Identify Business Opportunities and propose a methodology Business Plan aimed at simplifying processes in the region and bring them into the decision-making of investors and the financial sector.
4. Financing: To promote and collect in a system of funding sources for projects developed in the region, allowing move from feasibility studies to companies in the real sector. They must also propose new viable mechanisms for structuring financier to (seed capital, venture capital, loans, financing and investors) at national and international level.
5. Entrepreneurship: The initiation of operations of the companies to reach their maturity in the short term and ensure self-sustainability. Find mechanisms to solve marketing problems and encourage research into new markets and new products.
6. Business Training and Sustainability: Design and energize a model to diagnose management companies (markets, finance, technical, etc.) and facilitate action plans that allow continuous improvement of the same and its sustainability in the long term.
7. Information Systems: Articulate and structure all the information generated in the Working Groups in an information system, facilitating the work of the participating institutions of the Network and to the benefit of entrepreneurs, providing information on costs and processing times of entrepreneurship by offeror entity. This information will be an input for training programs for entrepreneurs.
PARÁGRAFO. Networks may agree with how they work to set various parameters in each region and implement new working groups according to their needs.
PROMOTION OF CULTURE OF ENTREPRENEURSHIP.
ARTICLE 12. SPECIFIC OBJECTIVES OF TRAINING FOR ENTREPRENEURSHIP. The specific objectives of training for entrepreneurship:
a) Achieving comprehensive development of people in their personal, civic, social and as productive beings aspects;
B) Contribute to improving the capabilities and skills in people, enabling them to undertake initiatives to generate self-employment income;
C) Promote alternatives to the approach of educational institutions to the productive world;
D) Promote the culture of cooperation and savings as well as guidance on the various forms of association.
ARTICLE 13. COMPULSORY EDUCATION. In all official or private establishments that provide formal education is compulsory in levels of preschool education, basic education, basic primary education, secondary basic education and secondary education, meet:
1. Defining a specific area of training for entrepreneurship and generating companies, which should be incorporated into the curriculum and develop throughout the curriculum.
2. Transmit at all school levels knowledge, form favorable attitude entrepreneurship, innovation and creativity and develop skills to generate business.
3. Design and disseminate specific business-related modules called "Chair Business" which constitute a ntal FUNDAME support educational programs of secondary basic preschool education, basic education, basic education, primary education, secondary education, in order to train student in the development of entrepreneurial skills to generate business with a clear vision of their environment that allows you to take on challenges and responsibilities.
4. Promote business activities such as exhibitions, forums, seminars, business macro rounds, competitions and other activities aimed at promoting culture for entrepreneurship according to the parameters established in this law and with the support of the Associations of Parents.
PARÁGRAFO. To comply with the provisions of this article, educational institutions vocational media accredited to the Ministry of National Education basic primary education, basic secondary and should harmonize the relevant Institutional Education Projects (PEI) in accordance with the provisions of Law 115 General of Education.
ARTICLE 14. SYSTEM OF INFORMATION AND CAREER GUIDANCE. The Ministry of Education in coordination with the Colombian Institute for the Promotion of Higher Education, Icfes, the National Apprenticeship Service, Sena, the Colombian Institute for the Development of Science and Technology, Colciencias, and the productive sector, establish within a maximum period of one (1) year, an Information System and Vocational Guidance, Occupational and research that contributes to rationalization in the formation of human resources, according to the requirements of national and regional development.
ARTICLE 15. TRAINING TRAINERS. The National Apprenticeship Service, Sena, coordinated through networks for Entrepreneurship and Entrepreneurship Fund and its affiliated entities, plans and programs for the training of trainers aimed at developing culture for entrepreneurship in accordance with the principles set out in this law.
OPTION TO WORK DEGREE. Public and private universities and officially recognized technical and technological training, may establish without prejudice to their autonomy regime, the alternative development of business plans in accordance with the principles established in this law, replacing jobs grade.
ARTICLE 17. CORPORATE VOLUNTEERS. The Chambers of Commerce and business associations can create opportunities to establish corporate volunteering with partners in order that they are mentors and perform support in business creation processes.
promotional activities. In order to promote the culture of entrepreneurship and new business initiatives, the national government through the Ministry of Commerce, Industry and Tourism, the President's Young Colombia Programme and the National Apprenticeship Service, Sena, give priority to the following activities :
1. Fair youth work: commercial and academic component.
2. Business Matchmaking for new entrepreneurs: Contacts between supply and demand.
3. Macro rounds of investment for new entrepreneurs: Contacts between proponents and investors and financial system.
4. Competitions for social and business entrepreneurs (Ventures).
5. Contests to facilitate access to credit or seed capital funds to those outstanding projects.
6. Co-financing programs to support programs of entrepreneurship units and institutions supporting the creation of companies: Financial support for the development of training programs, promotion, technical assistance and advice, running Foundations, Chambers of Commerce, Universities, business incubators and NGOs.
PARÁGRAFO. Means. The National through the various entities Government, governorates, municipal and district mayors and metropolitan areas, may budget and allocate annually, the resources needed to carry out advocacy and support entrepreneurship of new innovative companies .
The resources allocated by the municipality or district may include the promotion, organization and evaluation of activities, prior approval and inclusion in the development plans.
ARTICLE 19. BENEFITS FOR ENTREPRENEURS TO LINK UP NETS. Those linked with entrepreneurial projects through national or regional network of entrepreneurship, will have an incentive priority to access and virtual vocational training programs offered by the National Apprenticeship Service, Seine, preferential access to tools that provides the Ministry of Commerce, Industry and Tourism, through the direction of promotion and corporate culture, as entrepreneurship program Colombia. Similarly
you may preferentially access to services and resources managed by the entities of the networks.
ARTICLE 20. PROMOTION PROGRAMMES AND SUPPORT FOR THE CREATION, EXECUTION AND SUSTAINABILITY OF NEW COMPANIES. In order to promote entrepreneurship and business creation in the regions, chambers of commerce, business incubators develop programs promoting entrepreneurship from an early age, orientation processes, training and consulting for entrepreneurs and new entrepreneurs as well as guidance for formalization. Chambers also facilitate the entrepreneur, means for marketing their products and / or services, as well as guidance and preparation for access to credit lines for entrepreneurs and existing programs of public and private institutional support.
ARTICLE 21. DISSEMINATION OF CULTURE FOR ENTREPRENEURSHIP IN PUBLIC TELEVISION. The National Television Commission or his substitute shall grant spaces on public television for programs that encourage entrepreneurship culture in accordance with the principles established in this law are broadcast.
CONSTITUTION ARTICLE 22. NEW BUSINESS. The new companies incorporated from the effective date of this law, whatever its kind or type, in accordance with the provisions of Article 2 of Law 905 of 2004, have a personal plant no more than ten ( 10) workers or total assets value less than five hundred (500) monthly statutory minimum wage, will be constituted in compliance with the standards of the sole proprietorship, in accordance with the provisions of Chapter VIII of Law 222 of 1995. the statutory reforms carried out in these companies are subject to the same formalities under Law 222 of 1995 for sole proprietorships.
PARÁGRAFO. In any case, in the case of Limited Partnership it will be observed and plurality requirement under Article 323 of the Commercial Code. Effective Notes
ARTICLE 23. REGULATIONS. It urges the Government to through the respective Ministries, regulates all matters concerning the operation of networks for Entrepreneurship during the three (3) months after the enactment of this law.
ARTICLE 24. EFFECTIVE DATE. This law will come into force from its promulgation.
The President of the honorable Senate,
CLAUDIA BLUM Barberi.
The Secretary General of the honorable Senate,
EMILIO RAMÓN OTERO DAJUD.
The President of the honorable House of Representatives
GALLARDO JULIO E. ARCHBOLD.
The Secretary General of the honorable House of Representatives, ANGELINO
REPUBLIC OF COLOMBIA - NATIONAL GOVERNMENT
published and enforced.
Given in Bogotá, DC, on January 26, 2006.
The Alvaro Uribe Deputy Minister of Foreign Trade, in charge of the functions of the Office of the Minister of Commerce, Industry and Tourism EDUARDO