Key Benefits:
LAW 1286 OF 2009
(January 23)
Official Journal No. 47.241 of 23 January 2009
CONGRESS OF THE REPUBLIC
For which Law 29 of 1990 is amended, it is transformed to Colciencias in Administrative Department, strengthens the National System of Science, Technology and Innovation<1 > in Colombia and dictate other provisions.
COLOMBIA CONGRESS
DECRETA:
GENERAL PROVISIONS.
ARTICLE 1o. GENERAL OBJECTIVE. The general objective of this law is to strengthen the National System of Science and Technology and Colciencias<1 > to achieve a productive model based on science, technology and innovation, to give added value to the products and services of our economy and to promote productive development and a new national industry.
ARTICLE 2o. SPECIFIC OBJECTIVES. By means of this Law the rights of citizens and the duties of the State in the field of the development of scientific knowledge, technological development and innovation are developed. made by Law 29 of 1990, by means of the following specific objectives:
1. Strengthen a culture based on generation, appropriation and dissemination of scientific knowledge and research, technological development, innovation and lifelong learning.
2. Define the basis for the formulation of a National Plan of Science, Technology and Innovation.
3. Incorporating science, technology and innovation as a cross-cutting axis of the country's economic and social policy.
4. Transform the Colombian Institute for the Development of Science and Technology "Francisco José de Caldas" -Colciencias-, currently public establishment of the national order, in the Administrative Department of Science, Technology and Innovation to be called Colciencias.
5. Transform the National System of Science Technology into the National System of Science, Technology and Innovation (SNCTI).
6. Strengthen the incidence of the SNCTI in the social and economic, regional and international environment, to develop the productive, economic, social and environmental sectors of Colombia, through the formation of integral, creative, critical citizens, Proactive and innovative, capable of making momentous decisions that promote entrepreneurship and business creation, and which will influence economic, cultural and social development constructively.
7. Define the administrative and financial instances and instruments through which the allocation of public and private resources is promoted to the promotion of Science, Technology and Innovation.
8. Articulate and optimize the leadership, coordination and execution of the government and the participation of the different actors in the policy of Science, Technology and Innovation.
9. Strengthen regional development through comprehensive policies of decentralization and internationalisation of scientific, technological and innovation activities, in line with international dynamics.
10. To guide the promotion of scientific, technological and innovation activities towards the improvement of competitiveness in the framework of the National System of Compettivity.
11. To lay down general provisions to strengthen scientific knowledge and the development of innovation for the effective implementation of this law.
ARTICLE 3o. BASES FOR THE CONSOLIDATION OF A POLICY OF STATE IN SCIENCE, TECHNOLOGY AND INNOVATION. In addition to the actions provided for in Article 2o of Law 29 of 1990 and Law 115 of 1994, public policies in encouragement and promotion of science, technology and innovation, will be geared towards the following purposes:
1. To increase the scientific, technological, innovation and competitiveness capacity of the country to give added value to products and services of national origin and to increase the well-being of the population in all its dimensions.
2. Incorporate scientific research, technological development and innovation into productive processes, in order to increase the productivity and competitiveness required by the national productive apparatus.
3. Establish mechanisms to promote the transformation and modernization of the national productive apparatus, stimulating industrial conversion, based on the creation of companies with high technological content and giving priority to the national supply of innovation.
4. Integrate efforts of the various sectors and actors to promote strategic areas of knowledge for the development of the country.
5. Strengthen the country's capacity to act in a comprehensive manner in the international arena in aspects related to science, technology and innovation.
6. Promote the quality of formal and non-formal education, particularly in middle, technical and higher education to stimulate the participation and development of new generations of researchers, entrepreneurs, technological developers and innovators.
7. To promote the development of regional strategies for the promotion of Science, Technology and Innovation, taking advantage of the potential for natural resources, what they receive for their exploitation, human talent and biodiversity, to achieve greater equity between the regions of the country in competitiveness and productivity.
ARTICLE 4. PRINCIPLES AND CRITERIA OF THE PROMOTION AND STIMULATION ACTIVITY. The principles and criteria governing the promotion, development and strengthening of science, technology and innovation, as well as research activities carried out by the public administration bodies and entities, shall be as follows:
1. Assessment. The results of the research and technological development activities that are the subject of encouragement, support or encouragement, in terms of this Law, will be evaluated and taken into account for the granting of subsequent support.
2. Participation in decision-making. The scientific communities and the social and productive sectors will participate in the formulation and in the determination of the general policies in the field of science, technology and innovation, in the topics that the Administrative Department of Science, Technology and Innovation-Colciencias-.
3. Decentralisation. The instruments of support for science, technology and innovation must be promoters of territorial and institutional decentralization, seeking the harmonious development of the scientific and technological potentiality of the country, looking for itself, the growth and consolidation of the scientific communities in the departments and municipalities.
4. Review and update. Policies and strategies to support scientific, technological and innovation development should be periodically reviewed and updated, so that the national productive apparatus is impacted.
5. Transparency. The institutions, programmes, projects and persons to be supported may be selected through public calls, based on criteria of merit and quality.
6. Continuity, opportunity and sufficiency. Support for scientific, technological and innovative activities should be continuous, timely and sufficient to ensure their growth and sustainability.
7. Disclosure. The institutions belonging to the National System of Science, Technology and Innovation-SNCTI-<1 > that receive support from the National Government, must comply with the provisions of Article 5 of Law 29 (a) the Commission shall, in accordance with Article 1 (1) of Regulation (EEC) No 70/90 of the European Parliament and of the Council of the European Parliament and of the Council of the European Parliament and of the Council of the European Communities, reservation.
8. Protection. The State will promote the development of policies and instruments to manage, assess, protect and recognize the intellectual property of developments in science, technology and innovation.
OF THE ADMINISTRATIVE DEPARTMENT OF SCIENCE, TECHNOLOGY AND INNOVATION-COLCIENCIAS.
ARTICLE 5o. TRANSFORM. Transforming the Colombian Institute for the Development of Science and Technology "Francisco José de Caldas" -Colciencias-in the Administrative Department of Science, Technology and Innovation -Colciencias-, based in Bogotá D.C., as the main body of the public administration, rector of the sector and of the National System of Science, Technology and Innovation -SNCTI-<1 >, which is responsible for formulating, guiding, directing, coordinating, implementing and implement the policy of the State in the field, in accordance with the plans and development programs.
PARAGRAFO 1o. The Director of the Administrative Department of Science, Technology and Innovation-Colciencias-will be appointed by the President of the Republic. He will be a member of the National Council for Economic and Social Policy, with the right to speak and vote, and he will have to be summoned by the President of the Republic when the Council of Ministers deals with issues that are directly related to the Functions of the Administrative Department of Science, Technology and Innovation-Colciencias.
PARAGRAFO 2o. The administrative sector of Science, Technology and Innovation is composed of the Administrative Department of Science, Technology and Innovation-Colciencias-and the other entities that the law believes, for they are part of the sector, in their capacity as attached or linked.
ARTICLE 6o. GENERAL OBJECTIVES. It will be general objectives of the Administrative Department of Science, Technology and Innovation-Colciencias-:
1. Create a culture based on generation, appropriation and dissemination of knowledge, and scientific research, innovation and lifelong learning.
2. Define the basis for the annual formulation of a National Plan of Science, Technology and Innovation.
3. To base and favor the projection and strategic insertion of Colombia in the dynamics of the international system that incorporate knowledge and innovation and generate possibilities and emerging challenges for the development of countries and their international relations, within the framework of the global knowledge society.
4. Articulate and enrich research, scientific, technological development and innovation with the private sector, especially the productive sector.
5. Promote the strengthening of scientific, technological, innovation, competitiveness and entrepreneurship, and the training of researchers in Colombia.
6. To promote the development and linkage of science with its basic components and applied to innovative technological development, associated with updating and improving the quality of formal and non-formal education.
7. Integrate efforts of the various sectors and actors to promote areas of strategic knowledge for the development of the country, in the basic, social and human sciences, in accordance with the priorities defined in the National Plan of Development.
8. Strengthen regional development through the Departmental Councils of Science, Technology and Innovation and comprehensive, novel and high positive policies for the decentralization of scientific, technological and innovation, integrated with international dynamics.
9. Define and align processes for the establishment of priorities, allocation, articulation and optimization of resources of all kinds for science, technology, innovation and the outcome of these, such as entrepreneurship and competitiveness.
10. Strengthen the country's capacity to act in a comprehensive manner in the international arena in aspects related to science, technology and innovation.
11. Promote and strengthen intercultural research, in consultation with indigenous peoples, their authorities and knowledge, aimed at protecting cultural diversity, biodiversity, traditional knowledge and genetic resources.
ARTICLE 7o. FUNTIONS. The Administrative Department of Science, Technology and Innovation-Colciencias-will be in charge, in addition to the general functions provided by Law 489 of 1998, the following:
1. Formulate and promote the State's short-, medium-and long-term policies in science, technology and innovation, for the formation of human and infrastructure capabilities, international integration and cooperation, and the social appropriation of the science, technology and innovation to consolidate a society based on knowledge, innovation and competitiveness.
2. Adopt, in accordance with the Law of the National Development Plan, national policies for scientific and technological development and for innovation that become fundamental axes of national development.
3. Design and present the plans and programs of the Administrative Department of Science, Technology and Innovation-Colciencias-and the National Plan for Science, Technology and Innovation to the National Government.
4. Generate strategies for social appropriation of science, technology and innovation for the consolidation of the new knowledge-based society and economy.
5. To promote scientific, technological and innovation development in the country, in accordance with the development plans and guidelines outlined by the National Government.
6. To provide the necessary conditions for scientific, technological and innovative developments to be related to the social and productive sectors, and to promote productivity, competitiveness, entrepreneurship, employment and improvement of the living conditions of citizens.
7. To ensure the consolidation, strengthening and articulation of the National System of Science, Technology and Innovation -SNCTI-<1 > with the entities and actors of the system, in close coordination with the System National of Compettivity.
8. Promote the formation of the human resource to develop the work of science, technology and innovation, especially in master's and doctoral degrees, in those strategic sectors for the transformation and social, environmental and economic development of the country, in compliance with the current constitutional order.
9. To encourage the creation and strengthening of financial and administrative management and financial instruments for science, technology and innovation.
10. Design and implement strategies and tools for monitoring, evaluation and feedback on the social and economic impact of the National Development Plan.
11. Promote investment in the short, medium and long term, for research, scientific, technological development and innovation.
12. Promote, articulate and project the organizational, regional, departmental and municipal knowledge, technology and innovation schemes to enhance their own development and to harmonize the generation of policies.
13. Promote, articulate and incorporate inter-institutional, inter-regional and international cooperation with the actors, policies, plans, programs, projects and strategic activities to achieve the objectives of the National Science Plan, Technology and Innovation.
14. Coordinate the National Policy of Science, Technology and Innovation with national, regional and sectoral policies of the State, in financing, education, culture, economic development, competitiveness, entrepreneurship, environment, security social, health, agriculture, mines and energy, infrastructure, national defense, territorial planning, information, communications, foreign policy and international cooperation and other relevant ones.
15. Define and target priority and operational thematic lines of the National System of Science, Technology and Innovation-SNCTI-<1 >, for which you can modify, delete or merge the National Programs of Science, Technology and Innovation; create new structures on the different areas of knowledge; define their name, composition and functions; dictate the rules for their organization and design the guidelines for incorporation into the plans of the entities linked to their execution.
16. Define priorities and criteria for the allocation of public expenditure in science, technology and innovation, which will include strategic areas and specific and priority programmes to be given special attention and support budget.
17. Design, articulate and stimulate policies and instruments for private, domestic or international investment in science, technology and innovation.
18. To arrange, with the support of the National Department of Planning, DNP, in coordination with the other national entities that implement science, technology and innovation policy; the resources and the destination of the same in the programming process The budget is based on the National Development Plan and the policy of science, technology and innovation adopted by CONPES.
19. Grant and support stimuli to institutions and individuals for their contributions to science, technology and innovation, through distinctions and recognition.
20. Propose the creation of stimulus and social and economic incentives to significantly increase investment in science, technology and innovation.
21. Articulate and leverage national science, technology and innovation policies and programs with those that exist internationally.
22. Create the conditions for developing and harnessing national, country and foreign talent in the field of science, technology and innovation.
3 of Decree 1904 of 2009. The new text is as follows: > The structure of the Administrative Department of Science Technology and Innovation-Colciencias-will be as follows:
1. General Address
1.1 Planning Advisory Office.
1.2 Internal Control Office
1.3 Information Systems Office
2. General Subdirection
2.1 Research Development Directorate.
2.2 Knowledge Network Address.
2.3 Directorate of Technological Development and Innovation.
2.4 Resource Management and Logistics Management.
3. General Secretariat
4. Advisory and Coordination Bodies.
4.1 Coordination Committee of the Internal Control System.
4.2 Staff Commission.
PARAGRAFO. The functions that each of the departments of the Administrative Department of Science, Technology and Innovation (Colciencias) must perform, will be fixed by the national government, for which it shall take into account the objectives and functions identified in this law.
ARTICLE 9o. OF GOODS, RIGHTS AND OBLIGATIONS. By ministry of this Law and for the purpose of the goods, rights and obligations, where it appears the Colombian Institute for the Development of Science and Technology "Francisco José de Caldas" -Colciencias-, Administrative Department of Science, Technology and Innovation-Colciencias-
ARTICLE 10. public servants who at the time of this Law were linked to the Colombian Institute for the Development of Science and Technology "Francisco José de Caldas" -Colcienciassobe automatically incorporated, without continuity solution, in the personnel plant of the Administrative Department of Science, Technology and Innovation -Colciencias-. In any event, the consolidated legal situations, that is, those social benefits caused, as well as those that have entered the estate of the server, which may not be affected.
ARTICLE 11. OF THE BUDGET. For the purposes of this law, the Administrative Department of Science, Technology and Innovation-Colciencias-, will continue the budget execution during the corresponding period, without prejudice to the adjustments to be made for the following validity.
ARTICLE 12. FROM THE SCIENCE, TECHNOLOGY AND INNOVATION ADVISORY COUNCIL. The Administrative Department of Science, Technology and Innovation-Colciencias-will have an Advisory Board of Science, Technology and Innovation, consisting of:
1. The Director of the Department, who will chair it.
2. The Ministers of National Education; Commerce, Industry and Tourism; Agriculture and Rural Development; Health and Social Protection; Labor; the Director of the National Planning Department and the Presidential High Council for Good Government and Administrative efficiency, who will not be able to delegate assistance to it.
3. The Director General of the National Learning Service (SENA), who will not be able to delegate assistance to it.
4. Four (4) people with a recognized background in the academic and scientific sector, appointed by the President of the Republic, of people proposed by Colciencias, after consulting the Councils of National Programs of Science and Technology.
5. Four (4) persons with a recognized trajectory in the productive sector designated by the President of the Republic, of people proposed by Colciencias, after consulting the Councils of National Programs of Science and Technology.
6. Two (2) persons of recognized trajectory of the regional scientific sector, of different departments than those selected in the numeral 4, designated by the President of the Republic, of candidates presented by the Director of the Department Administrative Science, Technology and Innovation (Colciencias).
ARTICLE 13. ADVISORY BOARD FUNCTIONS. They are the functions of the Advisory Board:
1. Advise the Administrative Department of Science, Technology and Innovation-Colciencias-on the design of public policy on science, technology and innovation.
2. To suggest the criteria for the qualification of programs and projects in the field of science, technology and innovation based on the development plans, in the Conpes documents and in the guidelines outlined by the National Government.
3. Propose tools for the design, monitoring and evaluation of the National Policy of Science, Technology and Innovation.
4. To advise on the programs, policies, plans and strategic projects for the scientific and technological development of the country that will be developed by the Administrative Department of Science, Technology and Innovation -Colciencias-.
5. Ensure the permanent development of indicators of Science, Technology and Innovation.
ARTICLE 14. Participation as a member of the Advisory Board of Science, Technology and Innovation, in no case will generate the right to receive emolumento or consideration.
ARTICLE 15. TRANSITION REGIME. The Administrative Department of Science, Technology and Innovation-Colciencias-will have one (1) year, counted from the enactment of this law, to adapt its procedures and operations to its new legal nature and administrative structure. In any case it shall not be beyond 31 December 2009.
Until the new structure and plant are adopted, the Administrative Department of Science, Technology and Innovation-Colciencias-will continue to operate with the structure and plant of staff with which Colciencias was located, and will continue to the functions identified to the Institute before the transformation.
ABOUT THE INSTITUTIONALITY OF SCIENCE, TECHNOLOGY AND INNOVATION.
ARTICLE 16. OF THE NATIONAL SYSTEM OF SCIENCE, TECHNOLOGY AND INNOVATION. From the time of this Law the National System of Science and Technology, referred to in Decree 585 of 1991, will be called the National System of Science, Technology and Innovation-SNCTI- in order to integrate scientific, technological and innovation activities under a framework where companies, state and academia interact according to the aims of this law.
ARTICLE 17. OBJECTIVES OF THE NATIONAL SYSTEM OF SCIENCE, TECHNOLOGY AND INNOVATION-SNCTI. The National System of Science, Technology and Innovation<1 > will have the following objectives:
1. Promote the generation and use of knowledge, through scientific, technological and innovation development, as essential activities to give added value to our resources, create new companies based on research, development technology and innovation, achieving higher and sustained rates of economic growth, accumulation and distribution of wealth, with the aim of improving the quality of life of citizens.
2. To promote and consolidate, with long-term vision, the private and public research centres and groups, whether public or private, the technological development centres, the technological parks, the centres of productivity, institutions dedicated to the social appropriation of science, technology and innovation, the management, management and knowledge promotion entities, the incubators of technology-based companies and the development of the human talent, academies and scientific, technological and innovation societies, and different networks, initiatives of organizations and individuals to strengthen the system.
3. To promote and consolidate, through various mechanisms, the growing and sustainable public and private investment in research, technological development, innovation and the formation of human capital, for science, technology and innovation, as instruments determinants of the dynamics of economic, social and environmental development.
4. Design contemporary and visionary models of economic and social development, based on processes of teaching lifelong learning and democratizing science, technology and innovation, governed by public policies, under the inselectable responsibility of the State.
5. To make foresight in science, technology and innovation, to adopt decisions and to take action in the field of science, technology and innovation that contribute to the joint and integrated construction of future scenarios of Colombia in the context of
6. Promote the coordination, monitoring and evaluation of national policies and development in science, technology and innovation with the international action of the State and its foreign policy and promote its linkage with initiatives and projects Strategic international science, technology and innovation.
7. To articulate the system and its actors with the existing systems and instances, in order for each of the components to play the specific role that corresponds to the process, creating synergy and optimization of resources.
8. To monitor and evaluate the national policy of Science, Technology and Innovation and the activities of Science, Technology and Innovation carried out by the SNCTI.
9. To promote and evaluate the strategic university-enterprise alliance, in order to jointly develop science, technology and innovation in strategic sectors for the economic and social development of the country.
PARAGRAFO. The fulfillment of the objectives will be done respecting the competencies of the entities that are part of the National System of Science, Technology and Innovation -SNCTI-< 1 >.
ARTICLE 18. SYSTEM ACTIVATIONS. These are the activities of the National System of Science, Technology and Innovation (SNCTI) actors-<1 >:
1. Explore, investigate and propose, on a continuous basis, visions and actions on the country's intervention in international scenarios, as well as the international impacts and opportunities for Colombia on science-related issues, technology and innovation.
2. Promote the improvement of productivity and national competitiveness.
3. Ensure the generation, transfer, adaptation and improvement of scientific knowledge, technological development and innovation in the production of goods and services for regional, national and international markets.
4. Research and innovate in science and technology.
5. To promote the integration of scientific, technological and innovative culture into regional and national culture, to achieve the social appropriation of science, technology and innovation in Colombia.
6. To strive for the development of the capacity to understand, assess, generate and use knowledge, and in particular, science, technology and innovation, in the institutions, sectors and regions of Colombian society.
7. Articulate the offer and demand for Colombian knowledge to respond to the challenges of the country.
ARTICLE 19. COORDINATION. The National System of Science, Technology and Innovation-SNCTI-<1 > will be coordinated by the Administrative Department of Science, Technology and Innovation-Colciencias-, who in turn will have the Councils of the National Programs of Science and Technology, the Department of Science, Technology and Innovation Councils and the Advisory Board of Science, Technology and Innovation to articulate the system.
ARTICLE 20. SYSTEM COMPONENT. The National System of Science, Technology and Innovation -SNCTI-<1 > is an open system of which policies, strategies, programs, methodologies and mechanisms are part of the management, promotion, financing, protection and dissemination of scientific research and technological innovation, as well as public, private or joint organisations which carry out or promote the development of scientific activities; technology and innovation.
PARAGRAFO 1o. Public, private or mixed organizations referred to in this Article may be supported by entities promoting science, technology and innovation. Each promotion entity shall establish the nature of such support and the conditions under which it may be obtained, in accordance with the policy guidelines that guide the action of the National System of Science, Technology and Innovation (SNCTI- and compliance with the rules governing this field.
PARAGRAFO 2o. departmental assemblies, District Councils and Municipal Councils will be able to order the creation of regional scientific research and innovation units with their regional funding promotion.
ARTICLE 21. INVESTMENT FRAMEWORK IN SCIENCE, TECHNOLOGY AND INNOVATION. The National Department of Planning DNP and the Ministry of Finance Public Credit, MHCP, and the Administrative Department of Science, Technology and Innovation-Colciencias-, with the support of the institutions involved will annually develop a framework for investment in science, technology and innovation conceived as a tool for programming public expenditure of government entities, with a horizon of four (4) years, for the compliance with the policy objectives, which it considers the investment needs, fiscal constraints and funding sources that ensure the stability of investment in science, technology and innovation in line with the Medium Term Fiscal Framework and the Medium Term Expenditure Framework. This framework shall establish the annual specific actions for the fulfilment of investment targets.
PARAGRAFO. The Conpes * will determine annually, entities, destination, transfer and execution mechanisms, and the amount of resources in strategic science, technology, and innovation programs, for the following Fiscal validity, by issuing a policy document, in which, in addition, the targets and indicators of results on which the compliance measurement will be measured will be specified. This document must be presented by the National Department of Planning DNP, the Ministry of Finance and Public Credit, MHCP and the Administrative Department of Science, Technology and Innovation-Colciencias-with the support of the institutions involved. The investments to be made for the programmes referred to in this Article shall respect the autonomy and priorities defined by each National Public Entity.
OF THE NATIONAL SYSTEM OF SCIENCE, TECHNOLOGY AND INNOVATION. <1 >
ARTICLE 22. NATIONAL FUNDING FUND FOR SCIENCE, TECHNOLOGY AND INNOVATION, FRANCISCO JOSÉ DE CALDAS FUND. Create the National Financing for Science, Technology and Innovation Fund, Francisco José de Caldas Fund, in charge of the Administrative Department of Science, Technology and Innovation-Colciencias-whose resources will be administered through an autonomous heritage. For these purposes, the Administrative Department of Science, Technology and Innovation-Colciencias-will conclude a contract of commercial loyalty prior to public bidding.
In no event, the Fund's resources may be used to finance the operation of the Administrative Department of Science, Technology and Innovation-Colciencias-or any other public entity.
PARAGRAFO 1o. The value of the trust commission will be paid out of the financial returns produced by the managed resources.
PARAGRAFO 2o. The Administrative Department of Science, Technology and Innovation-Colciencias-will be the sole trustee of the National Heritage Fund for Science, Technology and the Innovation, Francisco José de Caldas Fund.
ARTICLE 23. CONTRACTUAL AND BUDGETARY ARRANGEMENTS FOR THE FUND. The acts and contracts concluded by the Fund shall be subject to the rules for the procurement of private law in the subsidiary of science and technology. The Comptroller General of the Republic shall exercise fiscal control over public resources transferred to the Fund.
ARTICLE 24. RESOURCES OF THE NATIONAL FUND FOR SCIENCE, TECHNOLOGY AND INNOVATION, FRANCISCO JOSÉ DE CALDAS FUND. The resources of the National Financing for Science, Technology and Innovation Fund, Fund Francisco José de Caldas shall be as follows:
1. The resources of the General Budget of the Nation that are used for the financing of activities of science, technology and innovation and that have been programmed in it, to be executed through the Fund.
2. The resources that State entities allocate to the Fund for the financing of science, technology and innovation activities.
3. Resources from the private sector and international cooperation oriented to support science, technology and innovation activities.
4. Donations or legacies made by natural or legal persons, national or foreign, and international entities.
5. The financial returns from the investment of the resources of the autonomous heritage.
ARTICLE 25. ACCOUNTABILITY AND FOLLOW-UP TO THE FUND ' S RESOURCES. The Administrative Department of Science, Technology and Innovation-Colciencias-will include in the report to the Congress, a chapter in which the allocation of resources is detailed. of the Fund.
ARTICLE 26. Of the resources that are dealt with in Article 361 of the Political Constitution, which have not been appropriate in the National Royalty Fund December 31, 2007, a hundred billion pesos ($100,000,000,000.00) will be allocated to the financing of regional projects for investment in science, technology and innovation, which will benefit the territorial entities. Its distribution will be carried out through calls aimed at strengthening the capacities of Science, Technology and Innovation. This destination will be brought forward in accordance with the existing tax restrictions and will be carried out through the transfer to the Administrative Department of Science, Technology and Innovation-Colciencias.
With regard to the resources referred to in this article, you will be given strict compliance with the provisions of the second part of article 361 of the Political Constitution.
ARTICLE 27. The territorial entities will include in their respective development plans programs, projects and activities aimed at promoting science, technology and innovation.
ARTICLE 28. The Administrative Department of Science, Technology and Innovation-Colciencias-, under the allocations of the National Royalty Fund, will be able to present and execute regional projects of investment, which benefits the territorial entities in accordance with Laws 141 of 1994, 756 of 2002 and other applicable regulations.
ARTICLE 29. OPERATIONS AUTHORIZED TO THE NATIONAL FUND FOR FINANCING FOR SCIENCE, TECHNOLOGY AND INNOVATION, FUND FRANCISCO JOSÉ DE CALDAS. With the resources of the National Funding for Science, Technology and Innovation Fund, Francisco José de Caldas, will be able to perform only the following operations in terms established by the National Government:
1. Fund programmes, projects, entities and activities of science, technology and innovation.
2. Invest in Risk Capital Funds or other financial instruments, for the support of programs, projects and activities of science, technology and innovation.
ARTICLE 30. ADVERTISING AND TRANSPARENCY OF THE FUND ' S OPERATIONS. The operations, investments and results made with resources from the National Fund for Science, Technology and Innovation, the Francisco José de Caldas Fund, will be published on the Web page of the Administrative Department of Science, Technology and Innovation-Colciencias-and will be subject to surveillance and control of citizens.
ARTICLE 31. NATIONAL COUNCIL ON TAX BENEFITS IN SCIENCE, TECHNOLOGY AND INNOVATION. 161 of Law 1607 of 2012. Article as amended by article 34 of Law 1450 of 2011. The new text is as follows: > Create the National Council on Tax Benefits in Science, Technology and Innovation, made up of the Director of the Administrative Department of Science, Technology and Innovation-Colciencias-who will preside over it. the Minister of Finance and Public Credit, or the Director of the National Tax and Customs Directorate or his representative, the Minister of Commerce, Industry and Tourism or his representative, the Director of the National Planning Department or his/her representative, by two (2) experts in science, technology and innovation, appointed by the Director of Colciencias, and the Minister of Information and Communications Technologies or his representative. This Council will assume the functions that the National Council of Science and Technology has been exercising in the field of tax benefits. Participation as a member of this Council shall not in any event generate the right to receive any consideration.
ARTICLE 32. INFORMATION SYSTEM. The Administrative Department of Science, Technology and Innovation (Colciencias), as Technical Secretariat of the National Council on Tax Benefits in Science, Technology and Innovation, will create and maintain an updated information system on the beneficiaries, requested amounts, approved and all available information on the application of tax benefits by the companies.
OF THE VARIOUS NATIONAL SYSTEMS OF SCIENCE, TECHNOLOGY AND INNOVATION-SncTI. <1 >
ARTICLE 33. The activities, contracts and agreements that aim to carry out activities defined as science, technology and innovation to be held by the state entities, will continue to be governed by the special rules applicable to them. Accordingly, such contracts will be concluded directly.
In the case of the Administrative Department of Science, Technology and Innovation-Colciencias-, the contractual regime for the other activities in charge of it will be that provided for in the General Staff Regulations of Public Administration.
For the National Learning Service, SENA, the destinations provided for in legal norms prior to this law will not be increased and these resources will be destined for the development of science, technology and innovation according to the objectives of the same.
ARTICLE 34. SCIENCE, TECHNOLOGY AND INNOVATION IN THE SOCIAL FIELD. The social sciences will be specifically targeted by scientific research and will receive direct support for their realization.
ARTICLE 35. EFFECTIVE AND REPEALED. This law governs from its enactment. It amends Article 6 of Law 29 of 1990 and Articles 10, 16, 18, 25, 29, 32 of Decree 585 of 1991. It repeals Article 8 of Law No 29 of 1990, Articles 1o, 2o, 3o, 7o, 8o, 19, 20, 21, 22, 23, 26 and 27 of Decree 585 of 1991 and other provisions which are contrary to it.
The President of the honorable Senate of the Republic,
HERNAN ANDRADE SERRANO.
The Secretary General of the honorable Senate of the Republic,
EMILIO RAMON OTERO DAJUD.
The President of the honorable House of Representatives,
GERMAN MALE COTRINO.
The Secretary General of the honorable House of Representatives,
JESUS ALFONSO RODRIGUEZ CAMARGO.
COLOMBIA-NATIONAL GOVERNMENT
Publish and comply.
Dada in Bogotá, D. C., as of January 23, 2009.
ALVARO URIBE VELEZ
The Minister of Finance and Public Credit,
OSCAR IVAN ZULUAGA ESCOBAR.
The Director of the National Planning Department,
CAROLINA RENTERIA RODRIGUEZ.
The Director of the Administrative Department of the Civil Service,
ELIZABETH RODRIGUEZ TAYLOR.
1. -Using article 186 of Law 1753 of 2015, "for which the National Development Plan 2014-2018 is issued" All by a new country ", published in Official Journal No. 49.538 of 9 June 2015 the System of Competitiveness and Innovation with the System of Science, Technology and Innovation is integrated to consolidate a single System of Competitiveness, Science, Technology and Innovation.
