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Act 1611 2013

Original Language Title: LEY 1611 de 2013

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1611 OF 2013

(January 2)

Official Journal No. 48.661 of 2 January 2013

CONGRESS OF THE REPUBLIC

By means of which the "Agreement on mutual recognition of diplomas and academic degrees of university higher education between the Government of the Republic of Colombia and the Government of the Kingdom of Spain" is approved, del Plata, Argentina, on December 4, 2010.

Vigency Notes Summary
Effective Case-law

THE CONGRESS OF THE REPUBLIC

Having regard to the text of the "Mutual Recognition Agreement on University Higher Education degrees and degrees of higher education between the Government of the Republic of Colombia and the Government of the Kingdom of Spain", signed in Mar del Plata, Argentina, on 4 June. December 2010.

(To be transcribed: A faithful and complete photocopy is attached in Spanish of the international instrument mentioned, certified by the Coordinator of the Internal Working Group of the Directorate of International Legal Affairs of the Ministry of Foreign relations, a document that is based on the files of that Ministry.)

AGREEMENT ON MUTUAL RECOGNITION OF ACADEMIC DEGREES AND DEGREES OF UNIVERSITY HIGHER EDUCATION BETWEEN THE GOVERNMENT OF THE REPUBLIC OF COLOMBIA AND

THE GOVERNMENT OF THE KINGDOM OF SPAIN

The Government of the Republic of Colombia and the Government of the Kingdom of Spain, hereinafter "the Parties",

In development of the provisions of Article IV of the Cultural Convention between Colombia and Spain, signed on April 11, 1953, which refers to the validation of university degrees between the two High Contracting Parties;

In accordance with the provisions of Article 1 (d) of the Protocol on Educational and Cultural Cooperation, an integral part of the General Treaty of Cooperation and Friendship of 29 October 1992;

Motivated by the desire to develop relations between the peoples of both countries and to collaborate in the areas of Education, Culture and Science;

In compliance with the declaration made on the occasion of the First Ibero-American Inter-Ministerial Meeting on Innovation and Knowledge held in Estoril in November 2009;

Acknowledging the progress made since the First Meeting of Ibero-American Education Ministers; and

Taking into account the Lisbon Declaration adopted at the 19th Ibero-American Education Conference, particularly in the field of promoting the collaboration of national systems for the evaluation and accreditation of the quality of education to promote the establishment of agile mechanisms of mutual recognition of periods of study, diplomas and diplomas,

The following have been agreed:

ARTICLE I. OBJECT AND SCOPE.

The purpose of this Agreement is to facilitate the mutual recognition of higher education studies, degrees, diplomas and degrees of higher education that have official validity in the education system of each Party.

For the purposes of this Agreement the official validity granted by one of the Parties to studies conducted in higher education institutions of the educational system of the other State, with institutional accreditation or of academic programs.

This Agreement applies to studies that have official validity in the education system of each of the parties, as well as to certificates, diplomas, diplomas and academic degrees that accredit such studies in accordance with the legal form of each Party.

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ARTICLE II. RECOGNITION OF ACADEMIC DEGREES AND DEGREES.

Parties shall recognize and grant validity to academic degrees and degrees of higher education awarded by universities and higher education institutions authorized and officially recognized by the governments of the country. The Ministry of Education and the Spanish Ministry of Education and Universities are in Colombia the Ministry of Education or the Universities in the case of graduate degrees.

This recognition shall always ensure that such certificates are equivalent to the credits and/or have been verified or accredited by the respective agencies or bodies of accreditation at the level of programmes or institutions, in the Republic of Colombia the National Accreditation Council and in the Kingdom of Spain, the Council of Universities, after evaluation of the National Agency for the Evaluation of Quality and Accreditation (ANECA) or of the evaluating agencies dependent on the Autonomous Communities authorised by the Spanish legislation.

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ARTICLE III. BILATERAL TECHNICAL COMMISSION.

In order to address all issues raised by the implementation of this Agreement, a Technical Bilateral Commission shall be constituted of between five and seven members, respectively appointed by each of the Parties, to draw up a general table of equivalences and accreditations to be met at the request of one of the Parties, as many times as necessary to meet the intended target.

The Commission shall meet within 90 days following the date of the exchange of instruments of ratification.

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ARTICLE IV. EFFECTS OF RECOGNITION.

The recognition of securities under this Agreement shall produce the effects which each Party confers on its own official titles, with the exception of those securities which are linked to the exercise of regulated professions, for which it shall be necessary, in addition to complying with the regulations that each country imposes on its nationals, in accordance with the legal norms in force for each profession, subject to the specific recognition procedures in force in each of the Parts.

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ARTICLE V. PROSECUTION OF STUDIES.

Complete studies performed at the senior level in one of the countries signatory to this Agreement shall be recognized in the other for the purposes of the studies.

The competent authorities in accordance with their legislation in each of the Parties may admit to graduates in accordance with the educational system of the other Party for the conduct of official post-graduate studies, subject to verification that the qualifications they correspond to a level of training equivalent to those which they have in each Party for access to such studies, without prior recognition, provided that the conditions for access are met in accordance with the requirements of the respective internal legislation.

Admission to these studies will not imply the recognition of the previous title obtained in the other Party, nor its recognition for other effects than that of cursing Postgraduate studies.

Superseded the corresponding Postgraduate studies, the titles obtained will have full validity and official effects.

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ARTICLE VI. UPDATING OR RECTIFYING INFORMATION.

Each Party shall notify the other by diplomatic means of changes or changes in the higher education system of their respective countries.

The Parties also undertake to keep updated on the official website of their accredited body or instrument declaring the officialdom of the titles, the publication of the relationship of diplomas and diplomas and any rectification and/or update that occurs on them.

For these purposes, information on the structure of the university studies of each Party is included in the Annex to this Agreement.

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ARTICLE VII.  AGREEMENTS BETWEEN UNIVERSITIES.

The Parties will also promote the conclusion of agreements between their universities for the development of official programs of joint degree and post-graduate degree. The preparation, requirements and approval of these programmes shall be carried out in accordance with the legislation of each Party.

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ARTICLE VIII. COMPLIANCE WITH THE AGREEMENT AND SETTLEMENT OF DISPUTES.

The provisions of this Agreement shall prevail over any other existing Convention in the matter between the Parties to the date of its entry into force.

The Parties shall take appropriate measures to ensure compliance with this Agreement by all the institutions concerned in the respective countries.

In the event of a dispute between the Parties concerning the interpretation or application of this Agreement, the Parties shall consult each other to settle the dispute through amicable negotiation.

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ARTICLE IX. ENTRY INTO FORCE.

This Agreement shall enter into force on the date the Contracting Parties reciprocally communicate their approval in accordance with the respective domestic laws.

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ARTICLE X. DURATION OF THE CONVENTION.

This Agreement is concluded for a period of five years, after which it will be tacitly extended for equal periods, and may be denounced by either Party through diplomatic means which will take effect one year after the respective notification.

In faith of which the undersigned, duly empowered by their respective Governments, sign this Agreement.

Signed in Mar del Plata (Argentina), at four (4) days of the month of December 2010, in two original texts, both being equally authentic.

By the Government of the Republic of Colombia

The Foreign Minister,

MARIA ANGELA HOLGUIN HANG.

By the Government of the Kingdom of Spain, a.r.

The Minister of Education,

GABILONDO PUJOL ANGEL.

ANNEX.

1. Descriptive table of university studies in Spain and Colombia

COLOMBIA* REPUBLIC KINGDOM OF SPAIN
Pregrad Programs:

Professional Technician: 65 to 75 academic credits;

Technologist: between 95 and 105 credits aca-demicos;

Professional Programs: Between 4 and 5 years; 150 to 170 academic credits * *.
First Cycle:

Grade: 4 years duration, 240 ECTS
Postgraduate Programs:

Specializations: Between 25 to 32 Credits.

Mastership * **: 50 to 60 credits
Second cycle:

Master: 1 to 2 years duration, 60 to 120 ECTS
Doctorate:

Between 80 to 100 credits.
Third Cycle:

Doctor

* Credit ranges are presented as a trend in the Colombian higher education system, however, higher education institutions can establish higher or lower credits for higher education institutions. those in the range taking into account the academic activities that the institution defines, for the student's training process.

** A credit is equivalent to 48 hours of academic work of the student, comprising the hours with direct accompaniment of the teacher and the hours of independent work that the student must dedicate to the performance of study activities, practices or others that are necessary to achieve learning goals.

*** The Maestrias in Colombia require the presentation by the student of a research work.

2. Descriptive note on the structure of the education systems/title regime of both countries

For the purposes of information and clarification, a synthesis of the educational systems and the regime of titles of the two countries is given below.

Both Parties may exchange information on their respective educational systems, both through the Technical Bilateral Commission provided for in Article III of this Agreement and through the diplomatic, using Note Verbal, to extend and update this summary.

REPUBLIC OF COLOMBIA

Pregrad Studies

technical

Professional technical education brings together technical training with a professional objective, ensuring the practice and mastery of technical procedures. These studies allow you to obtain the title of "Professional Technician in ...".

Education

Technological education includes technological training which is aimed at the application and practice of knowledge in a set of professional activities. These studies allow you to obtain the title of "Technologist at ...".

University Professional

The vocational training programmes (between 150 and 170 academic credits), prepare for the professional exercise in multiple fields requiring more complex competences and a more important time intensity, of a profession or discipline of a technological or scientific nature and within the field of Human Sciences, Fine Arts and Philosophy. These studies allow you to obtain the title of "University Professional at ...".

The professional technical training and technologist training qualifications train people for the exercise of professions in Colombia, after fulfilling the conditions required when this exercise is regulated by law, as is the case with titles related to health, law, accounting, engineering, etc.

Decree 1295 of 2010 states:

Specialization

Higher education institutions can offer professional, technological or professional technical specialization programs, according to their academic character. The purpose of these programmes is to deepen the knowledge of an area of the occupation, discipline or profession in question, to develop specific skills for further training and to improve the skills of the workforce. job performance.

and surgical specializations

Are programs that allow the physician to deepen in an area of the specific knowledge of the medicine and acquire the knowledge, competencies and advanced skills for the care of patients in the different stages of their life cycle, with pathologies of the various organic systems that require specialized care, which is achieved through a process of teaching-theoretical learning that is part of the curricular contents, and practical with the fulfillment of the time of service at the care practice sites and the intervention in a number of cases appropriate to ensure the achievement of the competencies sought by the programme.

In accordance with Article 247 of Law 100 of 1993, these programs will have equivalent treatment to master's programs.

Master's programs aim to expand and develop knowledge for the solution of disciplinary, interdisciplinary or professional problems and to provide the person with the basic tools that enable them to a researcher in a specific area of the sciences or technologies or to allow him to deepen theoretical and conceptually in a field of philosophy, humanities and the arts. Master's programmes may be of deepening or of research or covering the two modalities under a single register.

The modalities should be differentiated by the type of research to be performed, in the distribution of working hours with direct and independent accompaniment and in the academic activities to be developed by the student.

The mastery of deepening seeks the advanced development of competences that allow the solution of problems or the analysis of particular situations of disciplinary, interdisciplinary or professional character, through the assimilation or ownership of knowledge, methodologies and, as the case may be, scientific, technological or artistic developments. Research expertise should seek to develop scientific competences and advanced training in research or creation that generates new knowledge, technological processes or works or artistic interpretations of cultural interest. depending on the case.

The research work of the first, may be directed to applied research, to the study of the case, or the creation or documented interpretation of an artistic work, according to the nature of the program.

The second should evidence the scientific, disciplinary or creative competencies of the researcher, the creator or the artistic interpreter.

Doctorate

A doctoral program aims at the training of researchers with the ability to independently conduct and guide academic and research processes in a specific area of knowledge and to develop, strengthen or deepen skills of this level of training.

The results of student research at this level of training should contribute to advancement in science, technology, humanities, or the arts.

KINGDOM OF SPAIN

UNIVERSITY TEACHING

Teachings:

Cycle: Degree Official College

The first cycle of university studies will include basic teaching and general training, along with others aimed at preparing for the exercise of professional activities.

The total number of credits (European System of Transfer and Accumulation Of Credits ECTS) of academic teaching and activities leading to the attainment of official degrees of Grade is, in general, 240 credits (4 years).

Postgraduate Teachings

Second Cycle: Master Master

The second cycle of university studies will have the purpose of advanced training, of a specialized or multidisciplinary nature, aimed at academic or professional specialization, or to promote the initiation of tasks researchers.

Second-cycle university studies leading to obtaining the official Master's degree will have a minimum extension of 60 credits and a maximum of 120 credits (between 1 and 2 years).

Third Cycle: Doctor

The third cycle of university studies will be aimed at the advanced training of the student in research techniques, may include courses, seminars or other activities aimed at research training, and will include the elaboration and presentation of the corresponding doctoral thesis, consisting of an original research work.

To access the Doctorate studies, the Master's degree or a minimum of 60 Postgraduate credits is required, and a minimum of 300 credits (5 years) between Grade and Postgraduate.

3. Accreditation of Titles and Diplomas in Colombia and in Spain

REPUBLIC OF COLOMBIA

Decree 2150 of 1995, abolished the state registration of the securities, and provided that this function corresponds to the higher education institutions legally recognized by the State. For this purpose the institutions must record the number of the registration in the diploma and in the grade certificate.

In the National System of Higher Education Information, the registration of higher education institutions legally authorized to offer and develop academic programs of higher education, as well as that of programs, is carried out. which constitute their educational offer.

System access is public through the link:

http://www.mineducacion.gov.co/sistemasdeinformacion/1735/channel.html

KINGDOM OF SPAIN

The current legislation on university education has created the Register of Universities, Centres and Titles (RUCT), set out in Royal Decree 1509/2008 of 12 September, whose article 1o determines its public nature and the type of university. information that you will enroll:

1. It has a public and administrative record character.

2. The universities and the university centres shall be registered in the RUCT, the university degrees of official character and valid throughout the national territory, established in accordance with the provisions of Royal Decree 1393/2007 of 29 October, establishing the ordination of official university teaching.

3. The updated information on the Spanish university system will be included, for which the relevant data relating to Universities, Centres and Titles will be entered.

All RUCT information can be found on the Ministry of Education's website at the link: https://www.educacion.es/ruct/home.do

The undersigned Coordinator of the Internal Law Working Group of the International Legal Affairs Directorate of the Ministry of Foreign Affairs of the Republic of Colombia

CERTIFIES:

That the reproduction of the text above is a faithful and complete copy of the Spanish language version of the " Agreement on mutual recognition of diplomas and academic degrees of university higher education between the Government of the Republic of Colombia and the Government of the Kingdom of Spain ", in Mar del Plata, Argentina, on 4 December 2010, a document that is based on the files of the Internal Working Group of the Directorate of Legal Affairs International of this Ministry.

Dada in Bogotá, D. C., at eight (8) days of July of two thousand eleven (2011).

The Coordinator of the Internal Treaty Working Group, Directorate of International Legal Affairs,

ALEJANDRA VALENCIA GARTNER.

EXECUTIVE BRANCH OF PUBLIC POWER

PRESIDENCY OF THE REPUBLIC

Bogotá, D. C., July 19, 2011

Authorized. Submit to the consideration of the honorable Congress of the Republic for the constitutional effects.

(Fdo.) JUAN MANUEL SANTOS CALDERÓN

The Deputy Minister of Foreign Affairs in charge of the Office of the Foreign Minister's Office,

(Fdo.) Monica Lanzetta Mutis.

DECRETA:

Article 1o. Approve the "Agreement on mutual recognition of diplomas and academic degrees of university higher education between the Government of the Republic of Colombia and the Government of the Kingdom of Spain", signed in Mar del Plata, Argentina, on 4 December. 2010.

Article 2o. In accordance with the provisions of Article 1 of Law 7ª of 1944, the " Agreement on the mutual recognition of academic degrees and degrees of university higher education between the Government of the Republic of Colombia and the Government of the Kingdom of Spain ", signed in Mar del Plata, Argentina, on 4 December 2010, which is approved by Article 1 of this Law, will force the State from the date on which the international link with respect to them is perfected.

Article 3o. This law governs from the date of its publication.

Dada en Bogotá, D. C., ...

Presented to the honorable Congress of the Republic by the Minister of Foreign Affairs and the Minister of National Education.

The Foreign Minister,

MARIA ANGELA HOLGUIN HANG.

The Minister of National Education,

MARIA FERNANDA CAMPO SAAVEDRA.

EXECUTIVE BRANCH OF PUBLIC POWER

PRESIDENCY OF THE REPUBLIC

Bogotá, D. C., July 19, 2011

Authorized. Submit to the consideration of the honorable Congress of the Republic for the constitutional effects.

(Fdo.) JUAN MANUEL SANTOS CALDERÓN

The Deputy Minister of Multilateral Affairs in charge of the functions of the Office of the Minister of Foreign Affairs,

(Fdo.) Monica Lanzetta Mutis.

DECRETA:

Article 1o. Approve the "Agreement on mutual recognition of diplomas and academic degrees of university higher education between the Government of the Republic of Colombia and the Government of the Kingdom of Spain", signed in Mar del Plata, Argentina, on 4 December. 2010.

Article 2o. In accordance with the provisions of Article 1 of Law 7ª of 1944, the " Agreement on the mutual recognition of academic degrees and degrees of university higher education between the Government of the Republic of Colombia and the Government of the Kingdom of Spain ", signed in Mar del Plata, Argentina, on 4 December 2010, which is approved by Article 1 of this Law, will force the State from the date on which the international link with respect to them is perfected.

Article 3o. This law governs from the date of its publication.

The President of the honorable Senate of the Republic,

ROY MONTEALEGRE BARRIERS.

The Secretary General of the honorable Senate of the Republic,

GREGORIO ELJACH PACHECO.

The President of the honorable House of Representatives,

AUGUSTO POSADA SANCHEZ.

The Secretary General of the honorable House of Representatives,

JORGE HUMBERTO MANTILLA SERRANO.

COLOMBIA-NATIONAL GOVERNMENT

Communicate and comply.

Execute, subject to revision of the Constitutional Court, pursuant to article 241-10 of the Political Constitution.

Dada en Bogotá, D. C., 2 January 2013.

JUAN MANUEL SANTOS CALDERÓN

The Deputy Foreign Minister of the Ministry of Foreign Affairs, in charge of the functions of the Office of the Minister of Foreign Affairs,

MONICA LANZETTA MUTIS.

The Deputy Minister of Pre-School Education, Basic and Media of the Ministry of National Education, in charge of the functions of the Office of the Minister of National Education,

ROXANA LOS ANGELES SEGOVIA DE CABRALES.

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