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1014 OF 2006

(January 26)

Official Journal No. 46.164 of 27 January 2006

COLOMBIA CONGRESS

To foster the culture of entrepreneurship.

COLOMBIA CONGRESS

DECRETA:

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 the social interrelation, which generate patterns of behavior collectives that establish an identity among its members and identify them from another organization;

b) Entrepreneur: Is a person with the ability to innovate; understood as the ability to generate goods and services in a creative, methodical, ethical, responsible and effective way;

c) Entrepreneurship: A way of thinking and acting towards wealth creation. It is a way of thinking, reasoning and acting focused on the opportunities, presented with a global vision and carried out by a balanced leadership and the management of a calculated risk, its result is the creation of value that benefits the company, the economy and society;

d) Businessman: Deploying the person's creative ability to the reality around him. It is the capacity of every human being to perceive and interrelate with their environment, thereby mediating the entrepreneurial skills;

e) Training for entrepreneurship. The training for entrepreneurship seeks to develop the culture of entrepreneurship with actions that seek among others training in basic skills, work skills, Citizens ' competencies and entrepreneurial skills within the formal and non-formal education system and their 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 that are to be used to achieve the objectives.

Education must incorporate, in its 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 advance science, the same way you must act as an entrepreneur from your job.

ARTICLE 2o. OBJECT OF LAW. This law is intended to:

a) Promote entrepreneurship in all educational establishments in the country, in which it is proposed and worked together on the principles and values established by the Constitution and those established in this law;

b) Dispose of a set of normative principles that lay the foundations for a State policy and a legal and institutional framework, that promote entrepreneurship and the creation of enterprises;

c) Create an inter-institutional framework to foster and develop the culture of entrepreneurship and business creation;

d) Establish mechanisms for the development of enterprise culture and entrepreneurship through the strengthening of a public system and the creation of a network of productive development instruments;

e) Create a link between the education system and the national productive system through training in basic skills, work skills, citizen skills and entrepreneurial skills through a transversal chair of entrepreneurship; understood as such, the formative action developed in the totality of the programs of an educational institution in the levels of preschool education, basic education, elementary basic education, secondary basic education, and middle education, in order to develop the culture of entrepreneurship;

f) Driving the establishment of better institutional environment conditions for the creation and operation of new enterprises;

g) To promote the productive development of innovative micro and small enterprises, generating conditions of competition for them on equal opportunities, expanding the productive base and their entrepreneurial capacity, in order to free them creative potential to generate better quality work, to contribute to the sustainability of productive sources and to a more balanced and autonomous territorial development;

h) Promote and address the economic development of the country by promoting productive activity through the creation of competent companies, articulated with real productive chains and clusters relevant to the region and with a high Long-term planning and vision level;

i) Strengthening business processes that contribute to local, regional and territorial development;

j) Search through the networks for entrepreneurship, the accompaniment and sustainability of new companies in a safe, controlled and innovative environment.

ARTICLE 3o. GENERAL PRINCIPLES. The principles for which all entrepreneurship activity will be governed are as follows:

a) Integral training in aspects and values such as the development of the human being and its community, self-esteem, autonomy, sense of belonging to the community, teamwork, solidarity, associativity and the development of the taste for innovation and encouragement to research and lifelong learning;

b) Strengthening of associative and team work processes around productive projects with social responsibility;

c) Recognition of the awareness, right and responsibility of the development of individuals as individuals and as members of a community;

d) Support for sustainable entrepreneurship processes from a social, cultural, environmental and regional perspective.

ARTICLE 4. OBLIGATIONS OF THE STATE. They are State obligations to ensure the effectiveness and development of this law, the following:

1. Promote in all formal and non-formal educational institutions the link between the education system and the productive system to stimulate the efficiency and quality of the training services.

2. To seek the allocation of public resources for support for entrepreneurship networks duly registered with the Ministry of Commerce, Industry and Tourism.

3. Seek the allocation of periodic public resources for the support and sustainability of the enterprise networks duly registered with the Ministry of Commerce, Industry and Tourism.

4. Seek agreements with financial institutions to make the business plans of the new entrepreneurs serve as a guarantee for the granting of loans.

5. Establish agreements with financial institutions to make the business plans of the new entrepreneurs serve as a guarantee for the granting of credit, with the endorsement, support and commitment to follow up any of the members who make up the National Network for Entrepreneurship.

6. Create conditions for the regions to emerge funds from angel investors, seed capital funds, and venture capital funds for support for startups.

CHAPTER II.

INSTITUTIONAL FRAMEWORK.

ARTICLE 5o. NATIONAL NETWORK FOR ENTREPRENEURSHIP. The National Network for Entrepreneurship, attached to the Ministry of Commerce, Industry and Tourism, or who does its own times, will be composed of delegates from the following entities and institutions:

1. Ministry of Commerce, Industry and Tourism who will chair it.

2. Ministry of National Education.

3. Ministry of Social Protection.

4. The Directorate General of the National Learning Service, Sena.

5. National Planning Department.

6. Colombian Institute for the Development of Science and Technology "Francisco José de Caldas", Colciencias.

7. Presidential Program Colombia Joven.

8. Three representatives of the institutions of higher education, appointed by their respective associations: Universities (Ascun), Technological Institutions (Aciet) and Technical Institutions (Acicapi) or who do their times.

9. Colombian Association of Small and Medium-sized Enterprises, Acopi.

10. National Federation of Traders, Fenalco.

11. A representative of the Development Bank and Microcredit.

12. A representative of the Associations of Young Entrepreneurs, appointed by the Ministry of Commerce, Industry and Tourism.

13. A representative of the Family Compensation Boxes.

14. A representative of the Foundations dedicated to entrepreneurship.

15. A representative of the country's business incubators.

PARAGRAFO 1o. Delegates shall be permanent, by means of a formal delegation of the legal representative of the sectoral institution or guild representing and carrying out functions related to the object of the institution. law.

PARAGRAFO 2o. The National Government, may once be in operation and duly regulated "the Network for Entrepreneurship", create a mixed institution of the national order, which in coordination with the public and private entities attached, fully develop the objectives and functions set out in the articles 7o and 8o of this law respectively.

ARTICLE 6o. REGIONAL NETWORK FOR ENTREPRENEURSHIP. The Regional Network for Entrepreneurship, attached to the Departmental Government, or who does its own times, will be composed of delegates from the following entities and institutions:

1. Departmental Governorate who will preside over it.

2. Regional Directorate of the National Learning 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 designated among themselves.

5. A representative of the departmental youth offices.

6. A representative of the institutions of higher education in the region designated by the Regional Center for Higher Education, CRES.

7. A representative of the department's Family Compensation Boxes.

8. A representative of the Associations of Young Entrepreneurs, with presence in the region.

9. A representative of the Development and Microcredit Banking with presence in the region.

10. A representative of the guilds with presence in the region.

11. A representative of the business incubators with presence in the region.

PARAGRAFO. The delegates must be permanent by formal delegation of the legal representative of the Institution, or sectorial guild that represents and must perform functions related to the object of this law.

ARTICLE 7o. OBJECT OF NETWORKS FOR ENTREPRENEURSHIP. Entrepreneurship networks are created with the object of:

a) Establish policies and guidelines aimed at fostering culture for entrepreneurship;

b) Formulate a national strategic plan for the integral development of culture for entrepreneurship;

c) Conforming the work tables according to article 10 of this law;

d) To be articulators of organizations that support actions of innovative enterprises and job generators in the country;

e) Develop joint actions among various organizations to leverage synergies and leverage efforts to drive business ventures;

f) The others that they deem necessary for their proper functioning.

ARTICLE 8o. NETWORK FUNCTIONS FOR ENTREPRENEURSHIP. The Networks for Entrepreneurship will have the following functions:

a) Conforming the permanent observatory of entrepreneurship and business creation processes "SISEA company", which will serve as a system of monitoring and business support;

b) Propose the inclusion of plans, programs and development projects related to entrepreneurship;

c) To order and report the public and private offering of entrepreneurship services by leveraging the technological resources already provided by the network's member entities;

d) Propose instruments to evaluate the quality of programs oriented to the promotion of entrepreneurship and business 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 the reduction of costs and formalities related to the formalization of enterprises (trademarks, patents, Invima, healthcare, among others);

g) To encourage the creation of contact networks between investors, entrepreneurs and related institutions in order to develop productive projects;

h) Propose instruments to standardize the information and requirements required to access co-financing resources in government entities;

i) Standardizing quality criteria for the development of processes and procedures in all phases of entrepreneurship;

j) Issue endorsements to the business plans that are available for obtaining State resources, through some of the entities in the network.

ARTICLE 9o. TECHNICAL SECRETARIAT. The Technical Secretariat shall be the operational instrument of the entrepreneurship networks responsible for coordinating all administrative actions, and shall comply with the following functions:

1. Plan and accompany the implementation of the planned strategy for the development of entrepreneurship.

2. Submit monthly reports to members of the network on actions and programs made around entrepreneurship.

3. Boost the development of network-assigned functions.

4. To promote the development of diagnostics and studies on Entrepreneurship.

5. Monitor management indicators on the development of entrepreneurial activity in the region.

6. The others assigned by the network.

PARAGRAFO. The Technical Secretariat for each network will be responsible for its own funding, organization, and instrumentation of their respective locations.

ARTICLE 10. WORK TABLES OF THE ENTREPRENEURSHIP NETWORK. The work tables are a space for discussion and analysis so that all the institutions that make up the Network, feel participants and manage to develop actions based on the guidelines covered by the same. They may become valid partners of the institutions responsible for the operation.

ARTICLE 11. OBJECT OF THE WORK TABLES. The working tables made up of the entrepreneurship networks will have the following object:

1. Awareness: Working on the design and execution of a unified discourse, geared to motivating people to engage in entrepreneurship. Achieve message massification with more efficient utilization of resources.

2. Training: Unify training criteria. Forming Trainers. Extend Training to public and private schools.

3. Preincubation: (Business Plans): Identify Business Opportunities and propose a Business Plan methodology aimed at simplifying processes in the region and adapting them to the decision-making of investors and the financial sector.

4. Financing: To promote and collect in a system the sources of financial resources for the enterprises that are developed in the region, allowing to move from the feasibility studies to companies of the real sector. In addition, they should propose new viable mechanisms to finance (seed capital, venture capital, loans, financing and investors) at a national and international level.

5. Business Creation: The initiation of operations by companies to mature in the short term and ensure their self-sustainability. Search for mechanisms to solve marketing problems and encourage research into new markets and new products.

6. Business Training and Sustainability: Design and energize a model that will diagnose the management of companies (markets, finance, technicians, etc.) and facilitate action plans that will allow the continuous improvement of the and their long-term sustainability.

7. Information Systems: Articulate and structure all the information generated in the Work Tables in an Information System, facilitating the work of the participating institutions of the Network and for the benefit of the entrepreneurs, providing information on costs and times of the business processes per offeror entity. This information will be an input to entrepreneurship training programmes.

PARAGRAFO. Networks, you can agree with your work dynamics to set different parameters in each region and implement new work tables according to your needs.

CHAPTER III.

FOSTERING THE CULTURE OF ENTREPRENEURSHIP.

ARTICLE 12. SPECIFIC OBJECTIVES OF TRAINING FOR ENTREPRENEURSHIP. Are specific objectives of training for entrepreneurship:

a) Achieve the development of integral people in their personal, civic, social and productive aspects;

b) Contribute to the improvement of skills, skills and skills in people, enabling them to take initiatives for self-employed income generation;

c) Promote alternatives that allow educational institutions to approach the productive world;

d) Promote the culture of cooperation and savings as well as guide the various forms of associativity.

ARTICLE 13. COMPULSORY EDUCATION. In all official or private establishments providing formal education, it is compulsory at the levels of preschool education, basic education, primary basic education, secondary basic education, and education. average, comply with:

1. Definition of a specific area of training for entrepreneurship and the generation of enterprises, which should be incorporated into the curriculum and developed through the entire curriculum.

2. Transmit knowledge at all levels of school, form a favorable attitude to entrepreneurship, innovation and creativity, and develop skills to generate companies.

3. To design and disseminate specific modules on business topics called "Business Chair" which constitute a support for the educational programmes of preschool education, basic education, primary basic education, education secondary, and middle education, in order to train the student in the development of entrepreneurial skills to generate companies with a clear vision of their environment that allows them to take on challenges and responsibilities.

4. Promote activities such as business fairs, forums, seminars, business macro-wheels, competitions and other activities aimed at promoting culture for entrepreneurship according to the parameters established in this law and with the support of the Family Parents Associations.

PARAGRAFO. To comply with this article, primary primary education, secondary and vocational secondary education institutions accredited to the Ministry of National Education must harmonize relevant Institutional Educational Projects (PEI) in accordance with the provisions of Law 115 General Education.

ARTICLE 14. INFORMATION SYSTEM AND CAREER GUIDANCE. The Ministry of National Education in coordination with the Colombian Institute for the Promotion of Higher Education, Icfes, the National Learning Service, Sena, the Colombian Institute for The Development of Science and Technology, Colciencias, and the productive sector, will establish within a maximum period of (1) a year, a System of Information and Professional Orientation, Occupational and Research, that contributes to the rationalization in the training of the human resource, according to the requirements of national and regional development.

ARTICLE 15. TRAINING OF TRAINERS. The National Learning Service, Sena, will coordinate through the Networks for Entrepreneurship and the Undertake Fund and its affiliated entities, plans and programmes for the training of development-oriented trainers of the culture for entrepreneurship in accordance with the principles laid down in this law.

ARTICLE 16. OPTION FOR DEGREE WORK. Public and private universities and officially recognised technical and technological training centres may establish, without prejudice to their autonomy regime, the alternative to the development of business in accordance with the principles set out in this law, replacing the degree works.

ARTICLE 17. BUSINESS VOLUNTEERING. The Chambers of Commerce and business associations will be able to generate spaces to constitute the business volunteer with their associates in order to be mentors and to carry out accompaniment in processes of creation of companies.

ARTICLE 18. PROMOTION 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 Presidential Program Colombia Youth and the Service National Learning, Sena, will give priority to the following activities:

1. Youth work fair: Commercial and academic component.

2. Macro-business for new entrepreneurs: Contacts between bidders and claimants.

3. Investment macro-wheels for new entrepreneurs: Contacts between proponents and investors and financial system.

4. Competitions aimed at social and business entrepreneurs (Ventures).

5. Competitions to facilitate access to credit or seed capital funds to those outstanding projects.

6. Co-financing programmes for support for programmes of entrepreneurship units and business creation support entities: Financial support for the development of training, promotion, technical assistance and advisory programmes, which will be implemented by the Foundations, Chambers of Commerce, Universities, Business incubators and NGOs.

PARAGRAFO. Resources. The National Government through the various entities, the governorships, the Municipal and District Mayors, and the Metropolitan Areas, will be able to budget and to allocate annually, the necessary resources for the realization of the activities of Promotion and support for entrepreneurship of innovative new enterprises.

The resources allocated by the municipality or district may include the promotion, organization and evaluation of the activities, after inclusion and approval in the Development Plans.

ARTICLE 19. BENEFITS BY LINKING ENTREPRENEURS TO ENTREPRENEURSHIP NETWORKS. Those who link to entrepreneurship projects through the national or regional network of entrepreneurship, will have the incentive to access programs The National Learning Service, Sena, provides preferential access to the tools provided by the Ministry of Commerce, Industry and Tourism, through the promotion and culture management. business, such as the entrepreneurial program Colombia.

In the same way, you will be able to access the services and resources handled through the entities that are part of the networks.

ARTICLE 20. PROMOTION AND SUPPORT PROGRAMMES FOR THE CREATION, FORMALISATION AND SUSTAINABILITY OF NEW ENTERPRISES. In order to promote entrepreneurship and the creation of enterprises in the regions, the Chambers of Commerce, business incubators will develop programmes to promote entrepreneurship from an early age, guidance, training and consultancy processes for entrepreneurs and new entrepreneurs, as well as guidance services for formalisation. The Chambers will also facilitate the entrepreneur, means for the marketing of their products and/or services, as well as guidance and preparation for access to credit lines for entrepreneurs and institutional support programs. existing private and public.

ARTICLE 21. DISSEMINATION OF THE CULTURE FOR ENTREPRENEURSHIP ON PUBLIC TELEVISION. The National Television Commission or whoever does its own times, must grant public television spaces for programmes to promote culture for the public. entrepreneurship in accordance with the principles laid down in this law.

ARTICLE 22. CONSTITUTION NEW COMPANIES. The new companies that are constituted from the validity of this law, whatever their kind or type, that according to the provisions of the article 2o of Law 905 of 2004, have a plant of staff no more than ten (10) workers or total assets worth less than five hundred (500) minimum monthly legal salaries in force, will be constituted with observance of the company's own rules One-person, in accordance with the provisions of Chapter VIII of the Law 222 1995The statutory reforms to be carried out in these societies will be subject to the same formalities as provided for in the 1995 Law 222 for single-person companies.

PARAGRAFO. In any case, when it comes to Societies in Comandita it will be observed and a requirement of plurality provided for in article 323 of the Commerce Code.

ARTICLE 23. REGULATION. The National Government is urged to regulate all matters concerning the operation of the networks for the Entrepreneurship through the respective Ministries, during the three (3) months following the law.

ARTICLE 24. VALIDITY. This law shall enter into effect upon its promulgation.

The President of the honorable Senate of the Republic,

BARBERI ' S CLAUDIA BLUM.

The Secretary General of the honorable Senate of the Republic,

EMILIO RAMON OTERO DAJUD.

The President of the honorable House of Representatives,

JULY E. GALLARDO ARCHBOLD.

The Secretary General of the honorable House of Representatives,

ANGELINO LIZANO RIVERA.

COLOMBIA-NATIONAL GOVERNMENT

Publish and comply.

Dada in Bogotá, D. C., on January 26, 2006.

ALVARO URIBE VELEZ

The Deputy Minister of Foreign Trade, in charge of the duties of the Office of the Minister of Commerce, Industry and Tourism,

EDUARDO MUNOZ GOMEZ.