LAW 1444 OF 2011

(May 4)

Official Journal No. 48.059 of 4 May 2011

CONGRESS OF THE REPUBLIC

By means of which some ministries are divided, extraordinary powers are granted to the President of the Republic to modify the structure of the Public Administration and the personnel plant of the Attorney General's Office. of the Nation and other provisions are dictated.

COLOMBIA CONGRESS

DECRETA:

ARTICLE 1o. DIVISION OF THE MINISTRY OF INTERIOR AND JUSTICE. Escindase of the Ministry of the Interior and of Justice the objectives and functions assigned by the rules in force to the office of the Deputy Minister of Justice and the Law and the dependencies to its position.

ARTICLE 2o. REORGANIZATION OF THE MINISTRY OF INTERIOR AND JUSTICE. Reorganize the Ministry of Interior and Justice, which will be referred to as the Ministry of the Interior and will continue to fulfill the objectives and functions indicated by the current rules, except as regards the division in which the article is dealt with in Article 1or in this law.

ARTICLE 3o. ADMINISTRATIVE SECTOR OF THE INTERIOR. The Administrative Sector of the Interior shall be composed of the Ministry of the Interior, the Superintendents and other entities that the law defines as being attached to or linked to it.

ARTICLE 4. CREATION OF THE MINISTRY OF JUSTICE AND OF LAW. Create the Ministry of Justice and Law, whose objectives and functions will be the division of the Ministry of the Interior and Justice according to the article 1or this law.

ARTICLE 5o. ADMINISTRATIVE SECTOR OF JUSTICE AND OF LAW. The Administrative Sector of Justice and Law shall be composed of the Ministry of Justice and Law, the Superintendents and other entities that the law defines as assigned or linked to the law. itself.

PARAGRAFO. Create the National Legal Defense Agency of the Nation as a Special Administrative Unit, which as a decentralized entity of the national order, with legal personality, administrative autonomy and Financial and own assets assigned to the Ministry of Justice and Law, will have as objective the structuring, formulation. the application, evaluation and dissemination of policies to prevent the anti-legal damage, as well as the defense and effective protection of the interests of the nation, in the judicial actions of public entities, in pursuit of the reduction of patrimonial liability and litigious activity. To this end, it has the task of planning, coordinating, exercising, monitoring and evaluating the effective defense of the nation, in order to prevent the legal damage and to promote respect for fundamental rights.

ARTICLE 6o. DIVISION OF THE MINISTRY OF SOCIAL PROTECTION. Escindase of the Ministry of Social Protection the objectives and functions assigned by the current rules to the Office of the Deputy Minister of Health and Welfare, and the related topics, as well as as the functions assigned to the Technical Vice-Ministry.

ARTICLE 7o. REORGANIZATION OF THE MINISTRY OF SOCIAL PROTECTION. Reorganise the Ministry of Social Protection, which will be called the Ministry of Labour and will continue to fulfil the objectives and functions identified by the existing rules, except in the concerning the excision of the article 6or of this law. This entity will be responsible for the promotion and strategies for the permanent creation of stable employment and with the guaranteed, wage and work-time guarantees accepted and signed in the International Labour Organization (ILO).

ARTICLE 8o. ADMINISTRATIVE SECTOR OF LABOR. The Administrative Sector of Labor shall be composed of the Ministry of Labor, the Superintendents and other entities that the law defines as being attached to or linked to it.

ARTICLE 9o. CREATION OF THE MINISTRY OF HEALTH. Create the Ministry of Health and Social Protection, whose objectives and functions will be the division of the Ministry of Social Protection, according to the article 6or the present law.

ARTICLE 10. ADMINISTRATIVE SECTOR OF HEALTH AND SOCIAL PROTECTION. The Administrative Sector of Health and Social Protection shall be composed of the Ministry of Health and Social Protection, the superintendence and other entities that the law defines as assigned or linked to the same.

ARTICLE 11. DIVISION OF THE MINISTRY OF ENVIRONMENT, HOUSING AND TERRITORIAL DEVELOPMENT. Escindase of the Ministry of Environment, Housing and Territorial Development the objectives and functions assigned by the existing rules to the Offices of the Deputy Minister of Housing and Territorial Development and the Office of the Deputy Minister of Water and Basic Sanitation.

ARTICLE 12. REORGANIZATION OF THE MINISTRY OF ENVIRONMENT, HOUSING AND TERRITORIAL DEVELOPMENT. Reorganize the Ministry of Environment, Housing and Territorial Development which will be called the Ministry of Environment and Sustainable Development and will continue to comply with the objectives and functions identified in the rules in force, except as regards the division into which Article 11 of this Law is concerned.

PARAGRAFO. They will be the functions of the Ministry of Environment and Sustainable Development, in any case, those assigned to the Ministry of the Environment in Law 99 of 1993 and in Law 388 , 1997, regarding your competencies.

ARTICLE 13. ADMINISTRATIVE SECTOR OF THE ENVIRONMENT AND SUSTAINABLE DEVELOPMENT. The Administrative Sector of the Environment and Sustainable Development will be integrated by the Ministry of Environment and Sustainable Development, the Superintendents and other entities that the law defines as attached or linked to it.

ARTICLE 14. CREATION OF THE MINISTRY OF HOUSING, CITY AND TERRITORY. Create the Ministry of Housing, City and Territory, whose objectives and functions will be the division of the Ministry of Environment, Housing and Territorial Development, according to the Article 11 of this law.

ARTICLE 15. ADMINISTRATIVE SECTOR OF HOUSING, CITY AND TERRITORY. The Administrative Sector of Housing, City and Territory shall be composed of the Ministry of Housing, City and Territory, the Superintendents and other entities that the law defines as attached to or linked to.

ARTICLE 16. Create an interministerial instance to ensure coordination in water and territorial development. This instance will guarantee the environmental principle as the rector of the territorial order.

ARTICLE 17. NUMBER, DENOMINATION, ORDER AND PRECEDENCE OF MINISTRIES. The number of Ministries is sixteen. The name, order and precedence of the Ministries is as follows:

1. Ministry of the Interior.

2. Ministry of Foreign Affairs.

3. Ministry of Finance and Public Credit.

4. Ministry of Justice and Law.

5. Ministry of National Defense.

6. Ministry of Agriculture and Rural Development.

7. Ministry of Health and Social Protection.

8. Ministry of Labour.

9. Ministry of Mines and Energy.

10. Ministry of Trade, Industry and Tourism.

11. Ministry of National Education.

12. Ministry of Environment and Sustainable Development.

13. Ministry of Housing, City and Territory.

14. Ministry of Information and Communications Technologies.

15. Ministry of Transport.

16. Ministry of Culture.

ARTICLE 18. EXTRAORDINARY POWERS. Pursuant to Article 150 numeral 10 of the Political Constitution, review the President of the Republic of precise powers extraordinary, for the term of six (6) months, counted from the date of publication of this law for:

a) Create, spin, merge, and delete, as well as determine the naming, number, organic structure, and precedence order of the administrative departments;

b) Determine the objectives and the organizational structure of the Ministries created by this law, as well as the integration of the respective administrative sectors;

c) Amend the objectives and organizational structure of the reorganized ministries at the disposal of this law, as well as the integration of the respective administrative sectors;

d) Reassign organic functions and competencies among the entities and bodies of the national public administration and between these and other entities and agencies of the State;

e) Create, spin off and change the legal nature of public establishments and other entities or bodies of the executive branch of the national order;

(f) To identify, modify and determine the objectives and the organic structure of the entities or bodies resulting from the creations, mergers or divisions and those of those entities or bodies to which the functions of the institutions are transferred deleted, split, merged or transformed, and the National Agency for the Legal Defense of the State;

g) Create the entities or bodies that are required to develop the objectives that the entities or bodies that are being deleted, spun off, merged or transformed, when there is a place;

h) Determine the attachment or linkage of decentralised national public entities;

i) Make the necessary budgetary changes to finance the operating and investment costs necessary for the performance of the tasks assigned to the entities created, divided, deleted, merged or restructured in development of the powers granted by this law;

j) Create the jobs in the personnel plant of the Office of the Prosecutor General of the Nation that are required to assume the functions and workloads that it receives as a result of the deletion or restructuring of the DAS. In the jobs created, the public servants who fulfill these functions and workloads will be incorporated into the restructured or deleted entity, according to the needs of the service. Likewise, the transfers of resources to which there is a place will be carried out.

PARAGRAFO 1o. The extraordinary powers conferred upon the President of the Republic in this article to renew and modify the structure of the national public administration shall be exercised for the purpose of to ensure efficiency in the provision of public service, to make the organisation and functioning of the Public Administration consistent and to achieve the highest social profitability in the use of public resources.

PARAGRAFO 2o. The President of the Republic shall determine the plant of personnel necessary for the operation of the entities created, divided, deleted, merged or restructured in the development of the faculties granted by this law.

PARAGRAFO 3o. This law guarantees the integral protection of the employment rights of persons linked to the various restructured, liquidated, split, merged or deleted State entities. If the removal of charges is strictly necessary, those affected will be relocated or reinstated, in accordance with the laws in force.

ARTICLE 19. The benefits enshrined in Chapter 2 of Law 790 of 2002 will apply to the retired public servants of the service in the development of the creations, Divisions and mergers made or authorized in this law.

ARTICLE 20. Conform a Follow-up Commission made up of nine (9) Senators and nine (9) Representatives, appointed by the President of each of the Chambers, in order to monitor the powers conferred on this project, receive government reports and submit them to Congress.

ARTICLE 21. VALIDITY. This law governs from the date of its promulgation.

ARTICLE 22. REPEAL. As of the entry into force of this law, provisions that are contrary to it, in particular Articles 3or, 5or, 6or, 7or Act 790 of 2002.

The President of the honorable Senate of the Republic,

ARMANDO BENEDETTI VILLANEDA.

The Secretary General of the honorable Senate of the Republic,

EMIRO RHOMO OTORO DAJUD.

The President of the honorable House of Representatives,

CARLOS ALBERTO ZULUAGA DIAZ.

The Secretary General of the honorable House of Representatives,

JESUS ALFONSO RODRIGUEZ CAMARGO.

COLOMBIA-NATIONAL GOVERNMENT

Publish and comply.

Dada en Bogotá, D. C., 4 May 2011.

JUAN MANUEL SANTOS CALDERÓN

The Minister of the Interior and Justice,

GERMAN VARGAS LLERAS.

The Minister of Finance and Public Credit,

JUAN CARLOS ECHEVERRY GARZON.

The Director of the Administrative Department of the Civil Service,

ELIZABETH RODRIGUEZ TAYLOR.