Key Benefits:
LAW 1454
(June 28)
Official Journal No. 48.115 of 29 June 2011
CONGRESS OF THE REPUBLIC
By which organic rules on territorial law are dictated and other provisions are modified.
COLOMBIA CONGRESS
DECRETA:
GENERAL PROVISIONS.
ARTICLE 1o. OBJECT OF THE LAW. This law aims to dictate the organic rules for the administrative political organization of the Colombian territory; to frame in the same the exercise of the legislative activity in the field of norms and provisions of an organic nature relating to the administrative political organization of the State in the territory; establishing the guiding principles of the system; defining the institutional framework and instruments for territorial development; defining Jurisdiction in matters of territorial law between the Nation, the entities territorial and metropolitan areas and lay down the general rules for the territorial organisation.
ARTICLE 2o. CONCEPT AND PURPOSE OF THE TERRITORIAL ORDER. The territorial arrangement is an instrument of planning and management of the territorial entities and a process of collective construction of country, which is given in a progressive, gradual and flexible, with fiscal responsibility, aimed at achieving an adequate administrative political organization of the State in the territory, in order to facilitate institutional development, the strengthening of cultural identity and territorial development, understood as economically competitive, socially just, environmentally and fiscally sustainable, regionally harmonious, culturally relevant, taking into account the cultural and physical-geographical diversity of Colombia.
The purpose of the territorial order is to promote the increase of the capacity for decentralization, planning, management and administration of its own interests for the entities and instances of territorial integration, will encourage the transfer of powers and decision-making power of the central or decentralised bodies of the government in the national order towards the relevant territorial level, with the corresponding allocation of resources. The territorial order will foster the conditions for the establishment of public policies between the Nation and the territorial entities, with recognition of the geographical, historical, economic, environmental, ethnic and cultural diversity and identity regional and national.
PARAGRAFO NEW. By virtue of its purpose and purpose, the organic law of territorial order constitutes a general framework of guiding principles, which must be developed and applied by the legislator in each country. specific material, for departments, municipalities, indigenous territorial entities and other rules affecting, reforming or modifying the administrative political organization of the State in the territory.
ARTICLE 3o. GUIDING PRINCIPLES OF TERRITORIAL PLANNING. The principles of the territorial planning process include the following:
1. Sovereignty and national unity. The territorial order will foster territorial integrity, security and defense, and will strengthen the social state of organized law in the form of a unitary, decentralized Republic, with autonomy of its territorial entities.
2. Autonomy. Territorial entities enjoy autonomy for the management of their interests within the limits of the Constitution and the law.
3. Decentralisation. The distribution of competences between the Nation, territorial entities and other associative schemes will be carried out by moving the corresponding decision power of the central organs of the State towards the relevant territorial level, in the In this way, a greater capacity for planning, management, and administration of their own interests will be promoted, guaranteeing the resources necessary for their fulfillment by the nation.
4. Integration. The departments and municipalities located in border areas can advance cooperation programmes aimed at promoting community development, providing public services, preserving the environment and developing (a) productive and social, with territorial entities bordering on a State.
5. Regionalisation. The territorial planning will promote the establishment of Regions of Planning and Management, administrative and planning regions and the projection of Territorial Regions as frameworks for geographical, economic, cultural, and functional, from biotic and biophysical ecosystems, from local cultural identities, from economic and productive equipment and infrastructures and from relationships between rural and urban life, in which society develops and where the model of the Unitarian Republican State should be. In this sense, the creation and development of Regions of Planning and Management, Administrative and Planning Regions, and the regionalization of competencies and public resources are framed in a vision of development towards complementarity, with the goal of strengthening national unity.
6. Sustainability. The territorial arrangement will reconcile economic growth, fiscal sustainability, social equity and environmental sustainability, in order to guarantee adequate living conditions for the population.
7. Participation. The territorial planning policy will promote participation, consultation and cooperation so that citizens take an active part in the decisions that affect the territorial orientation and organization.
8. Solidarity and territorial equity. In order to contribute to the harmonious development of the Colombian territory, the Nation, the territorial entities and the figures of territorial integration of greater political, economic and fiscal capacity, will support those smaller entities In order to ensure equitable access to the opportunities and benefits of development, it seeks to raise the quality of life of the population.
9. Diversity. The territorial order recognizes the geographical, institutional, economic, social, ethnic and cultural differences of the country, as the foundation of national unity and identity, peaceful coexistence and human dignity.
10. Graduality and flexibility. The territorial order recognizes the diversity of the communities and the geographical areas that make up the country, therefore, it will adjust the different forms of territorial division. The entities and instances of territorial integration will be progressively adapted, for which they can be assigned the competencies and resources that allow them to increase their planning, administrative and management capacity.
In the case of integration instances, the competencies and resources will be assigned by the respective territorial entities that compose them.
11. Prospective. The territorial arrangement will be guided by a long-term shared vision of the country, with strategic purposes that guide the type of territorial organization required.
12. Peace and coexistence. The territorial organization will promote and recognize the efforts of peaceful coexistence in the territory and will promote development policies and programs for the construction of peace, the strengthening of the social fabric and the legitimacy of the State.
13. Associativity. The territorial order will encourage the formation of associations between the territorial entities and territorial integration instances to produce economies of scale, generate synergies and competitive alliances, for the achievement of common economic and territorial development objectives.
14. Accountability and transparency. The national and territorial authorities will actively promote the social control of public management by incorporating participatory exercises in the planning, execution and final accountability, as a principle of responsibility. political and administrative affairs of public affairs.
15. Social equity and territorial balance. The law of territorial law recognizes the imbalances in economic, social and environmental development that exist between different geographic regions of our country and will seek to create instruments to overcome these imbalances. For this reason, the Nation and the territorial entities will promote the equitable access of all the inhabitants of the Colombian territory to the opportunities and benefits of development, seeking to reduce the imbalances enunciated. Likewise, the processes of ordering will seek the balanced development of the different forms of territorial division.
16. Economy and good governance. The territorial organization of the State must guarantee the planning and decision-making participation of the territorial authorities in the development of their regions, economic self-sustainability, fiscal consolidation and the professionalization of the Regional authorities, which will promote associative mechanisms that give priority to the optimization of public spending and good governance in its shaping and functioning.
The law will determine the principles of minimum economy and good governance that departments, districts, municipalities, metropolitan areas, their decentralized, as well as any of the different alternatives of association, contracts or agreements plan or delegations provided for in this law.
17. Multiethnicity. For indigenous peoples, Afro-descendant communities, and the Rom population to exercise their right to plan and manage within the respective territorial entity in harmony and agreement with the other communities and territorial entities.
INSTITUTIONAL FRAMEWORK.
INSTITUTIONAL ORGANIZATION.
ARTICLE 4. OF THE COMMISSION OF TERRITORIAL PLANNING (COT). The Commission of Territorial Ordering (COT), is an advisory technical body that has the function to evaluate, review and suggest to the National Government and the Special Commissions of Follow-up to the Process of Decentralization and Territorial Ordinance of the Senate of the Republic and the House of Representatives, the adoption of policies, legislative developments and criteria for the best organization of the State in the territory.
PARAGRAFO. This commission will guide the application of the principles enshrined in this law to the departments, districts and municipalities, in a way that promotes integration between them, and can be coordinated with more ease of integration processes.
ARTICLE 5o. CONFORMATION OF THE COT. The Commission of Territorial Ordering, COT, will be composed by:
1. The Minister of the Interior or his delegate, who will preside over it.
2. The Minister of the Environment or his delegate.
3. The Director of the Geographic Institute Agustin Codazzi (IGAC), or its delegate.
4. A delegate from the CAR.
5. An expert of recognized experience in the matter designated by the National Government.
6. An expert of recognized experience in the subject matter designated by each of the Legislative Chambers, after being nominated by the respective Special Commissions to follow the Process of Decentralization and Territorial Ordinance.
7. Two academic experts specializing in the topic designated by the academic sector.
ARTICLE 6o. COT FUNCTIONS. They are functions of the Territorial Ordering Commission, COT, the following:
1. Advise the National Government and the Special Commissions to Follow the Process of Decentralization and Territorial Ordinance of the Senate of the Republic and the House of Representatives in the definition of legislative policies and developments on the territorial organisation of the State.
2. To advise the departments, districts and municipalities, in order to promote the integration between them, and the integration processes can be more easily coordinated.
3. To establish the parameters of differentiation among the various associations that promote regional development, within the framework of the Constitution and the Law.
4. Review, evaluate and propose different sectoral policies that have direct interference with the territorial law, on the initiative of the National Government and the Special Commissions for Monitoring the Decentralization Process and Territorial Planning of the Senate of the Republic and the House of Representatives.
5. To provide for consultation or consultation scenarios with the actors involved in the territorial arrangement.
6. Submit annually to the Special Commissions for Follow-up to the Process of Decentralization and Territorial Ordinance of the Senate of the Republic and the House of Representatives a report on the state and progress of the territorial order, as set out in this law.
7. Give yourself your own rules.
8. The others that you assign to the Constitution and the law.
the following year of the conformation and implementation of the COT, the COT will draft a proposal to codify and compile the legal norms in force in Colombia on the territorial organization of the State and the territorial entities. The National Government will widely disseminate the results of this work, in scenarios that facilitate the participation of all citizens and national, territorial and other associative schemes.
PARAGRAFO. The reports that you are dealing with the number 5, will be published for free consultation on the institution's institutional portal.
ARTICLE 7o. TECHNICAL SECRETARIAT AND TECHNICAL ASSISTANT. The National Planning Department will exercise the Technical Secretariat of the COT.
The Technical Secretary of the COT will be responsible for ensuring the logistical, technical and specialized support that will require the same for the development of his functions and will invite the ministers, heads of administrative department, to the deliberations. (a) the extent to which they are subject to competition or where external concepts are required of the Commission, are the subject matter of academic experts from different universities, the private sector, or whom it deems necessary.
The Technical Secretariat of the COT will form a special inter-institutional committee composed of the entities of the national order competent in the field in order to provide the logistic, technical and specialized support that the commission requires the development of their functions.
The Technical Secretariat will be in the head of the Secretaries of the Special Commissions for the Follow-up to the Process of Decentralization and Territorial Ordinance of the Senate of the Republic and the House of Representatives, for alternate periods of two (2) years.
ARTICLE 8o. REGIONAL COMMISSIONS OF TERRITORIAL PLANNING. The departmental assemblies and municipal councils are empowered, so that by means of ordinances and agreements they create the Regional Commission of Territorial Ordering that within their jurisdiction establish, which will guide the actions in this field and will participate in the elaboration of the regional strategic territorial planning project, in line with the general guidelines established by the COT.
The Territorial Planning Commission will establish the integration and general functions of the Regional Commissions and their way of articulation with the different levels and government entities.
In the formation of the Regional Commissions, the composition of the COT will be observed, in order to guarantee the representation of the sectors that make up the COT, as follows:
Departmental Commissions
1. The Governor, or his delegate, who will chair it.
2. The Secretary of the Environment and Rural Development, or the like, or its delegate.
3. The Departmental Director of the Geographic Institute Agustin Codazzi (IGAC), or its delegate.
4. The Director of the respective CAR, or its delegate.
5. An expert of recognized experience in the matter designated by the Departmental Government.
6. Two experts of recognized experience in the field appointed by the respective Departmental Assembly.
7. Two academic experts specializing in the topic designated by the academic sector of the Department.
Municipal Commissions
1. The Municipal Mayor, or his delegate, who will preside over it.
2. The Secretary of the Environment and Rural Development, or the like, or its delegate.
3. A delegate of the Geographic Institute Agustin Codazzi (IGAC).
4. A delegate of the Director of the respective CAR.
5. An expert of recognized experience in the matter designated by the Municipal Government.
6. Two experts of recognized experience in the field appointed by the respective Municipal Council.
7. Two academic experts specializing in the topic designated by the academic sector of the municipality.
TERRITORIAL ASSOCIATIVE SCHEMAS.
ARTICLE 9o. OBJECT. The State will promote associative processes between territorial entities for the free and voluntary formation of strategic alliances that will promote the autonomous and self-sustaining development of the communities.
The definition of regional and subregional policies and modes will not be limited to the addition of planning and management entities and will include flexible alternatives.
Likewise, the State will promote associative processes between national territorial entities and those of neighboring and border countries that are conducive to the formation of strategic alliances that promote social, economic and cultural development.
The National Government will promote the formation of associative schemes through incentives to administrative and planning regions, planning and management regions, administrative and planning provinces, metropolitan areas, and economically developed territorial entities, to be associated with the weakest, in order to make effective the principles of solidarity, territorial equity, social equity, environmental sustainability and territorial balance foreseen in the numerals 8 and 15 of the article 3or the present law.
The National Government will promote the association of the Regional Autonomous Corporations, CAR, to design and implement environmental protection programs and in particular to care for the water-producing areas so that they can be used to protect strategic ecosystems and develop risk mitigation programs. In the development of this task, the Regional Autonomous Corporations will be able to make investment outside their jurisdiction in compliance with the agreements advanced between them.
PARAGRAFO. In accordance with the provisions of article 31 of Law 99 of 1993 and Article 39 of Decree 2372 of 2010, Regional Autonomous Corporations may be able to declare protected areas.
The incentives referred to in paragraphs 4 or 5 of this Article shall be set by the National Government.
The National Government will strengthen the associations of departments, municipalities and districts already created and will promote the creation of other associative schemes.
ARTICLE 10. TERRITORIAL ASSOCIATIVE SCHEMES. They will constitute territorial associative schemes the administrative and planning regions, the regions of planning and management, the associations of departments, the metropolitan areas, the associations of special districts, administrative and planning provinces, and associations of municipalities.
ARTICLE 11. FORMATION OF ASSOCIATIONS OF TERRITORIAL ENTITIES. The associations of territorial entities shall be free of two or more territorial entities to jointly provide public services, own administrative functions or assigned to the territorial entity at the national level, to carry out works of common interest or to carry out planning functions, as well as to seek the integral development of their territories.
PARAGRAFO. Various associations of territorial entities may be established as legal persons under public law under the direction and coordination of the board of directors or administrative bodies that determine the Regional and local authorities, which will ensure the inclusion and participation of the community in the decision-making that is taken on the area.
ARTICLE 12. DEPARTMENTS ASSOCIATIONS. Two or more departments may be associated with administrative and political cooperation in order to jointly organise the provision of public services, the execution of regional works and the performance of tasks. own administrative procedures, by agreement or contract-plan signed by the respective governors, previously authorized by the departmental assemblies and for the exercise of concerted powers among themselves in a framework of action integrating their respective development plans in a joint comprehensive planning model.
ARTICLE 13. SPECIAL DISTRICT ASSOCIATIONS. Two or more Special Districts may be associated politically and administratively to jointly organize the provision of services or the execution of public works of common interest through a convention, and when the essential characteristics of each of them are not altered. The respective agreement or contract-plan will set up a model of development and joint comprehensive planning that will be subscribed by the Mayor of each District, previously authorized by their respective Councils and will be framed in a plan of medium-term action.
ARTICLE 14. ASSOCIATIONS OF MUNICIPALITIES. Two or more municipalities of the same department or of several departments, may be associated administratively and politically in order to jointly organize the provision of public services, the execution of works of scope regional and the fulfilment of their own administrative functions, by agreement or contract-plan signed by the respective mayors, previously authorized by the municipal or district councils and for the exercise of concerted powers whether in a framework of action integrating their respective development plans into a joint comprehensive planning model.
ARTICLE 15. METROPOLITAN AREAS ASSOCIATIONS. Two or more Metropolitan Areas of the same department or several departments, may be associated to jointly organise the provision of public services, the execution of works of regional scope and the fulfillment of their own administrative functions, by agreement or contract-plan signed by the Directors of the respective metropolitan areas, previously authorized by their metropolitan boards.
The agreement or contract-plan shall be assimilated for legal purposes to an interadministrative agreement, in which specific powers shall be established to delegate or transfer between the various territorial entities, according to the scope of their object.
For the purposes of this law, metropolitan areas are considered as associative schemes of territorial integration and will act as instances of articulation of municipal development, by virtue of which they will be beneficiaries of the same rights and conditions of the associative schemes of territorial entities provided for in this law.
ARTICLE 16. ADMINISTRATIVE AND PLANNING PROVINCES. Two or more geographically contiguous municipalities of the same department may be constituted by ordinance in an administrative and planning province at the request of the mayors. In addition, the Committee of the European People's Party (EC), the Committee of the European People's Party (EC), the Committee of the European People's Party (EC), and the Committee of the European People's Party (10%), will be responsible for this. and the implementation of comprehensive development projects, as well as environmental management.
The above will not imply that municipalities that do not maintain geographic continuity and that belong to different departments can develop strategic alliances of economic order in order to commercialize their goods and services at national level and international.
PARAGRAFO. It is up to the Departmental Assemblies to create the provinces, after authorization of the respective Municipal Councils.
PARAGRAFO. The municipalities that make up the PAP must take into account for their financing and operation the parameters set out in Law 617 of 2000 and 819 for the municipalities that conform to it.
In no case will the administrative and planning provinces be able to constitute a special electoral constituency within the country's Territorial Administrative Political Division.
The financing of the Administrative and Planning Provinces will not generate charges or the General Budget of the Nation, nor the General System of Participations, nor the General System of Royalties.
ARTICLE 17. NATURE AND FUNCTIONING OF THE ASSOCIATIVE SCHEMES. The associations of departments, the provinces and the associations of districts and municipalities are administrative entities governed by public law, with legal personality and own patrimony and independent of the entities that make up her.
The associations of departments may be constituted in administrative and planning regions, prior to authorization of their departmental assemblies.
In no case will the territorial entities that associate themselves be able to generate additional operating expenses from their budget or the general budget of the Nation, nor increase the bureaucratic plant of the respective entities that the conformed.
PARAGRAFO. In accordance with the provisions of Article 95 of Law 489 of 1998, Territorial Entities may continue to be associated by the conclusion of agreements (a) interadministrative or through the formation of legal persons governed by public law or private law.
ARTICLE 18. CONTRACTS OR AGREEMENTS PLAN. The Nation may contract or agree with the territorial entities, with the associations of territorial entities and with the metropolitan areas, the associated execution of strategic development projects territorial. In the plan contracts to be concluded by the parties, the contributions they will make as well as the respective sources of financing will be established.
The Nation will also be able to contract with the associations of territorial entities and metropolitan areas to implement programs of the National Development Plan, when it considers it relevant and the object for which they were created. associations so permit; upon approval of their highest administrative body, in accordance with the principles enshrined in this law.
The Regional Development Fund will be prioritized by associative schemes, as well as territorial entities that develop contracts or plan agreements according to the numbers 6, 8 and 10 of the article 3or the present law.
ARTICLE 19. PLANNING AND MANAGEMENT REGIONS. Under the terms of Article 285 of the Political Constitution, create the Regions of Planning and Management (RPG). For the purposes set out in this Law, the regions of Planning and Management are considered to be the bodies of association of territorial entities that allow the principles of complementarity to be promoted and applied in a harmonious and sustainable manner. competition and subsidiarity in the development and implementation of the competences assigned to the territorial entities by the Constitution and the law.
Partnerships between territorial entities will be able to form freely between different Planning and Management Regions, they will be able to act as banks of strategic investment projects of regional impact during the time of development and execution of the same. Only related territorial entities may be associated, in accordance with the principles set out in this law.
The Regions of Planning and Management will be the mechanisms responsible for planning and implementing the designation of the resources of the Regional Development Fund.
ARTICLE 20. DELEGATION. The Nation and the various organs of the central level may delegate to the territorial entities or to the different territorial associative schemes and in the metropolitan areas, by means of agreements or contracts plan, attributions of the public entities and entities of the Nation, as well as the decentralized entities and institutes of the national order.
In the respective delegation, the functions and resources will be established for the proper fulfillment of the public administration's goals.
LEGISLATIVE POLICY IN THE AREA OF TERRITORIAL PLANNING.
ARTICLE 21. GENERAL OBJECTIVES OF THE TERRITORIAL LEGISLATION. The law will promote a greater delegation of functions and competences of the national level towards the territorial order, the elimination of duplication of competences between the central administration and The government will strengthen the department as an intermediate level of government, strengthen the department as an intermediate level of government, strengthen the department as an intermediate level of government, and strengthen the municipality as a fundamental entity of the political-administrative division of the State, joint and articulated action of the different levels of government through alliances, associations and agreements of delegation, the design of regional modalities of administration for the development of special projects and the increase of the productivity and modernization of the municipal administration.
ARTICLE 22. DIVERSIFICATION, STRENGTHENING AND MODERNIZATION OF THE DEPARTMENTAL REGIME. The rationalization of the legal regime of the departments is part of the recognition of their specific differences and strengths. Based on this principle and with the aim of improving the departmental administration and ensuring a more efficient provision of public services, the law will establish special and differentiated administrative and fiscal management regimes for one or more departments.
To this effect the law may establish capacities and competences other than those indicated for the departments in the Constitution in accordance with article 302 of the Political Charter.
The law will graduate and eventually integrate departmental capacities and competencies according to the population, economic and natural resources and social, cultural and ecological circumstances of the departments.
For the creation of departments the ordinary law will not be able to lay down additional requirements to those required by the Constitution and this law.
ARTICLE 23. CREATION OF DEPARTMENTS. The creation of departments whose territories correspond partially or totally to one or more administrative and planning regions must have the concept of the Commission of Territorial Ordering, National Planning Department and the approval of the Congress of the Republic, upon convocation of popular consultation, in accordance with the legal guidelines established by the legislator and the Constitution.
ARTICLE 24. DIVERSIFICATION OF MUNICIPAL REGIMES BY CATEGORIES. For the purpose of democratizing and making the municipal administration more efficient and rational, the law, based on the article 320 of the Political Constitution, will establish categories of municipalities according to their population, fiscal resources, economic importance and geographical situation, and point out, to the municipalities belonging to each category, different regime in their organization, government and administration.
in any case, overcoming poverty and improving the quality of life of the inhabitants will be a parameter for all social policies.
ARTICLE 25. OF THE SPECIAL TAX REGIME FOR METROPOLITAN AREAS. Under the provisions of article 319 of the Political Constitution, in addition to the resources that make up the wealth and income of the metropolitan areas, the draft constitution of the same regulated by article 5or Law 128 of 1994 must specify the sources of the contributions of the territorial entities that will be part of the as well as the percentages of such contributions, in accordance with the provisions of the Article 22 of Law 128 of 1994.
In the metropolitan areas that are constituted by the date of entry into force of this law, each municipal council at the initiative of its mayor will issue an agreement indicating the sources of the contributions to which it is committed. the respective municipality for the financing of the functions of the institution, as well as the percentages of such participation.
The administrative act constituting a Metropolitan Area shall be considered a general rule of a mandatory character to which each municipal council shall be governed at the time of the approval of the annual budget of the respective member entity.
PARAGRAFO. When the annexation of new municipalities to the metropolitan area occurs, the act that protocoles such annexation shall contain the elements provided for in this article.
OF COMPETENCIES.
PRINCIPLES FOR THE EXERCISE OF COMPETENCIES.
ARTICLE 26. DEFINITION OF JURISDICTION. For the purposes of this law, the power or legal power of the Nation, the territorial entities and the territorial integration figures to attend in a general manner is understood by competence. State responsibilities.
ARTICLE 27. PRINCIPLES OF THE EXERCISE OF POWERS. In addition to those provided by Article 209 of the Political Constitution as common to the administrative function, they are the guiding principles of the exercise. of competencies, the following:
1. Coordination. The Nation and the territorial entities must exercise their competences in an articulated, coherent and harmonious way. In the development of this principle, territorial entities and other associative schemes will be articulated, with national and regional authorities, with the special purpose of guaranteeing the fundamental rights of citizens as individuals, the collective rights and the environment laid down in the Political Constitution.
2. Concurrency. The Nation and the territorial entities will develop joint actions in search of a common object, when this is established, with respect for their autonomy.
3. Subsidiarity. The Nation, territorial entities and territorial integration schemes will support in a transitional and partial way in the exercise of their competences, the entities of lower tax category, economic and social development, within the the same area of territorial jurisdiction, where it is demonstrated that it is not possible to exercise certain powers. The development of this principle will be subject to evaluation and monitoring of the entities at the national level. The National Government will develop the matter in coordination with the local authorities.
4. Complementarity. In order to complete or improve the provision of services in its capacity, and the development of regional projects, territorial entities may use mechanisms such as association, co-financing, delegation and/or conventions.
5. Efficiency. The Nation, territorial entities and territorial integration schemes will ensure that the use of public resources and investments made in their territory produce the greatest social, economic and environmental.
6. Balance between competencies and resources. The skills will be transferred, after the allocation of the tax resources, to assist them in a direct or associated way.
7. Graduation. The assumption of assigned powers by the territorial entities will be carried out in a progressive and flexible manner, in accordance with the administrative and management capacities of each entity.
8. Responsibility. The Nation, the territorial entities and the figures of territorial integration will assume the competences in their position by foreseeing the necessary resources without compromising the financial sustainability of the territorial entity, guaranteeing their handling transparent.
COMPETENCE PROVISIONS.
ARTICLE 28. The departments and municipalities will have autonomy to determine their internal structure and central and decentralized administrative organization; as well as the establishment and distribution of their functions and resources for the proper fulfilment of their constitutional duties.
Without prejudice to their control of constitutionality or legality, these acts shall not be subject to review, approval or authorization of national authorities.
PARAGRAFO. Municipalities are the holders of any competition that is not expressly attributed to the departments or the Nation.
When the respective municipality is not able to assume such competence, it will request the concurrence of the department and the nation.
PARAGRAFO 2o. Departments and municipalities despite their autonomy and independence will be able to partner with each other to seek the well-being and development of their inhabitants.
COMPETENCES IN THE AREA OF LAND MANAGEMENT.
ARTICLE 29. DISTRIBUTION OF POWERS IN MATTERS OF THE ORDER OF THE TERRITORY. It is the responsibility of the Nation and the territorial entities in the area of order of the territory, the following:
1. From the Nation
(a) Establish the general policy of land management in matters of national interest: areas of national parks and protected areas.
b) Localization of major infrastructure projects.
c) Determination of limited areas in use for security and defense.
d) The outlines of the urbanization process and the city system.
e) The guidelines and criteria for ensuring the equitable distribution of public services and social infrastructure in a balanced way in the regions.
f) The conservation and protection of areas of historical and cultural importance.
g) Define the principles of minimum economy and good governance that departments, districts, municipalities, metropolitan areas, and any of the different alternatives of association, contracts or agreements plan or plan will have to meet delegations provided for in this Law.
PARAGRAFO. The competencies assigned to the Nation in the preceding literals will be advanced in coordination with the territorial entities.
2. From the Department
a) Establish guidelines and guidelines for the management of all or specific portions of its territory, especially in areas of conurbation in order to determine the scenarios for use and occupation of space, according to the the optimum potential of the environment and in the light of the objectives of development, potentialities and biophysical, economic and cultural constraints.
b) Define the policies of population settlements and urban centers, in such a way as to facilitate the development of their territory.
c) Orienting the location of the physical-social infrastructure in order to take advantage of regional competitive advantages and promote equity in municipal development.
d) Integrating and orienting the spatial projection of departmental sectoral plans, those of their municipalities and indigenous territorial entities.
e) In the development of their competencies, the departments will be able to articulate their policies, guidelines and strategies of physical-territorial planning with plans, programs, projects and actions on the territory, through the adoption of plans for all or specific portions of its territory.
(f) Competition to establish guidelines and guidelines specific to the management of the territory in the municipalities that are part of a Metropolitan Area corresponding to these, which will be exercised with respect to the principles for the exercise of the powers laid down in this Law.
g) The departments and associations that these departments will be able to implement programs of special protection for the conservation and recovery of the environment.
3. From The Special Districts
(a) To divide the district territory in localities, according to the social characteristics of its inhabitants and to attribute competences and administrative functions.
b) To be organized as metropolitan areas, provided that there are physical, social and economic relations that give rise to the whole of this characteristic and coordinate the development of the integrated territorial space by means of rationalization the provision of their services and the execution of works of metropolitan interest.
c) To direct the activities which, by their name and their character, correspond to them.
4. From the Municipality
(a) Formulate and adopt the plans of the territory.
b) Reglamenting in a specific way land uses, in urban, expansion and rural areas, in accordance with laws.
c) Optimize the uses of available land and coordinate sectoral plans, in harmony with national policies and departmental and metropolitan plans.
PARAGRAFO 1o. The distribution of competencies set out in this article will be brought forward under the principles of decentralization, concurrence and complementarity of the actions established by the entities. territorial and in coordination with the provisions of their respective authorities in the local and regional planning instruments.
PARAGRAFO 2o. The metropolitan level is responsible for the development of comprehensive metropolitan development plans with a long-term perspective, including the territorial physical ordering component and the It is necessary to define the objectives and criteria to be used by the municipalities when adopting the plans for territorial planning in relation to the matters referred to in the metropolitan facts, according to the provided for in the Law on Metropolitan Areas.
OF ADMINISTRATIVE AND SCHEDULING REGIONS.
ARTICLE 30. ADMINISTRATIVE AND PLANNING REGION. It is Administrative and Planning Regions (RAP) the entities formed by two or more departments, with legal personality, financial autonomy and own patrimony, whose purpose is oriented to the regional development, investment and competitiveness, in the terms provided for in Article 306 of the Political Constitution and in the framework of the principles enshrined in this Law, emphasizing graduality, flexibility and fiscal responsibility.
The departments that make up the RAP will have to take into account for their financing and operation the parameters set out in Law 617 of 2000 and 819 of 2003 for the departments that conform them.
In no case will the Administrative and Planning Regions be able to constitute a special electoral constituency within the country's territorial political-administrative division.
In accordance with the provisions of article 306 of the Political Constitution, prior to the authorization of their respective assemblies, and prior to the concept of the Commission of Territorial Ordering Senate, the governors of two or more departments may by convention constitute the administrative and planning region that they consider necessary to promote the economic development of their territories and the social improvement of their inhabitants.
Among the departments that make up the regions here, there must be geographical continuity.
This will not prevent departments that do not maintain geographic continuity to develop strategic alliances of economic order in order to market their goods and services at national and international level.
The Nation will be able to co-finance strategic projects in the administrative and planning regions, subject to compliance with the requirements and conditions laid down in the current regulations.
PARAGRAFO. Special Districts whose territory is immersed in a Management and Planning Region will have the same prerogatives as these grants to the Departments.
PARAGRAFO 2o. The provisions of this article will apply as relevant to the constitution of the Administrative Region and Special Planning (RAPE) between departmental and departmental territorial entities. Capital.
PARAGRAFO 3o. Pursuant to article 325 of the Political Constitution, the Capital District of Bogota, the department of Cundinamarca and the departments The latter may be associated in a Special Administrative Region (RAPE), with legal status, autonomy and own patrimony, the main object of which will be the economic and social development of the respective region.
The aforementioned territorial entities will retain their political and territorial identity. The act of constitution of the Administrative Region and Special Planning may be carried out by agreement between the sectional presidents, after approval by the corporations of the respective territorial entities and their execution shall be incorporated in the region's development plan by means of an ordinance and a district or municipal agreement, in each case, as appropriate.
ARTICLE 31. REGIONAL ADMINISTRATIVE AND PLANNING COUNCIL. Create the Regional Administrative and Planning Council as a technical instance and an advisor to the Administrative and Planning Regions. The Regional Planning Council shall be composed of the governors of the departments that make up the planning and management regions and the mayors of the areas of the Metropolitan Areas that exist within it, with a pro- tempore, for the term that the region establishes in the act of constitution and creation.
ARTICLE 32. functioning of the Administrative and Planning Regions will be financed from the resources or contributions that the respective territorial entities will provide for this and the incentives that the National Government, in accordance with the fiscal sustainability indicators of Law 617 of 2000 for the departments that conform them.
The investment resources allocated by the territorial entities for the achievement of the objectives of the Administrative and Planning Region, may be used throughout the territory that makes it, with the objective of achieving development economic development of its territories and the social improvement of its inhabitants.
The administrative and planning regions will not generate spending from the general budget of the nation, nor from the General System of Participations, nor from the General System of Royalties.
ARTICLE 33. REGIONAL DEVELOPMENT FUND. The Regional Development Fund will serve as a development mechanism for the country's territorial entities, which will aim to finance regional development projects in terms of define the law.
PARAGRAFO. The Regional Development Fund shall be governed by the provisions of the Political Constitution and by those rules that modify, develop, or replace.
ARTICLE 34. SPECIAL INVESTMENT ZONES TO OVERCOME POVERTY. These are Special Investment Zones to overcome the Poverty the recipients of the Regional Compensation Fund that defines the Constitution and the law as an instrument to overcome the poverty imbalance in economic and social development between the regions of planning and management and between the different territorial entities of the country. These will be instruments of planning and investment aimed at improving the living conditions of the inhabitants of these areas and will be created only once by decree issued by the National Government.
For the definition of these areas, the government will have as an indicator of unemployment, NBI that refers to relative poverty, understood not as the number of poor people who inhabit the municipalities or districts, but as the percentage of poor people who live those municipalities or districts.
ARTICLE 35. REGIONAL COMPENSATION FUND. The Compensation Fund will serve as a mechanism for generating equity and poverty reduction among the country's territorial entities, which will aim to finance projects in the region. of special investment to overcome poverty.
ARTICLE 36. FROM THE TERRITORIAL REGION. In accordance with Article 307 of the Political Constitution, the Administrative Region and the Planning Region may be transformed into a Territorial Entity Region, according to the with the conditions that the law establishes that for the effect the Congress of the Republic will issue.
FINAL PROVISIONS.
ARTICLE 37. DEVELOPMENT AND HARMONIZATION OF TERRITORIAL LEGISLATION. The National Government will present to the Congress the legislative reform initiatives corresponding to the issue of the special regime for the departments, the reform of the The municipal government is guided by the requirements of article 320 of the Political Constitution and the reform of the legislation in the area of metropolitan areas.
PARAGRAFO 1o. The National Government will present to the Congress in a period not exceeding six (6) months of the validity of this law the bills on a Departmental Regime Code, a Code of Regime District, a Metropolitan Area Code of Regime and a Code of Municipal Regime that integrates the current legislation on the matter.
PARAGRAFO 2o. Under the terms of Article 329 of the Political Constitution the National Government will present to the Congress of the Republic, within ten years. (10) months after this law is in force, the special bill that rules on the formation of the Indigenous Territorial Entities, welcoming the principles of democratic participation, autonomy and territory, in strict compliance with the special mechanisms for prior consultation, with the participation of the representatives of the indigenous communities and the communities affected or benefited in this process.
In the development of this rule, and where appropriate, the National Government will make the corresponding delimitation, prior to the concept of the territorial planning commission, as an advisory body for the process.
ARTICLE 38. The provisions contained in Laws 47 of 1993, " for which special rules are issued for the organization and operation of the Archipelago department San Andrés, Providencia y Santa Catalina y 915 de 2004 ", for which the Border Statute for Social and Economic Development of the Archipelago department of San Andrés, Providencia and Santa Catalina is given continue in force. Aspects relating to the administrative political regime of the Archipelago department shall be developed in accordance with the provisions of Article 310 of the C. P.
ARTICLE 39. TRANSITORY. The conflicts of jurisdiction will be settled according to the current regulations, until it is regulated by the respective law, which must be presented by the National Government.
