Key Benefits:
842 OF 2003
(October 9)
Official Journal No. 45,340 of 14 October 2003
PUBLIC POWER-LEGISLATIVE BRANCH
By which the regulation of the exercise of engineering, its related professions and its auxiliary professions is modified, the Code of Professional Ethics is adopted and other provisions are dictated
The Congress of Colombia
DECRETA:
GENERALATIONS.
DEFINITION AND SCOPES.
ARTICLE 1o. ENGINEERING CONCEPT. It is understood by engineering any application of the physical, chemical and mathematical sciences; of the industrial technique and in general, of the human ingenuity, to the use and invention on the matter.
ARTICLE 2o. ENGINEERING EXERCISE. For the purposes of this law, it is understood as an engineering exercise, the performance of activities such as:
(a) Studies, planning, design, calculation, programming, consulting, consulting, financial assistance, construction, maintenance and administration of buildings and buildings of all kinds, bridges, dams, docks, canals, ports, roads, urban and rural roads, airports, railways, cable cars, aqueducts, sewers, risks, drains and pavements; pipelines, pipelines, polyducts and in general lines of driving and transport Hydrocarbons; electric transmission lines and in general all of these infrastructure for community service;
b) Studies, projects, industrial designs and processes, textiles, electromechanical, thermoelectric, energy, mechanical, electrical, electronic, computer, systems, telecomputer, agroindustrial, agronomic, agricultural, Agricultural, food, agri-meteorological, environmental, geophysical, forestry, chemical, metallurgical, mining, petroleum, geological, geodetic, geographical, topographical and hydrological;
c) The planning of air, land and nautical transport and in general any matter related to the execution or development of the tasks or activities of the professions specified in sub-groups 02 and 03 of the National Classification of Occupations or standards that replace or supplement, in terms of engineering, its related and ancillary professions. It is also understood by the exercise of the profession for the purposes of this law, to be presented or to be announced as an engineer or to have access to a professional level position using this title.
PARAGRAFO. The instruction, training, teaching, teaching, or professorship aimed at students who aspire to one of the professional, related or auxiliary titles of the Engineering, in the subjects or subjects that involve the knowledge of the profession, as the maximum activity of the professional practice, may only be provided by engineering professionals, their related professions or their auxiliary professions, as appropriate, duly registered.
ARTICLE 3o. AUXILIARY PROFESSIONS OF ENGINEERING. It is understood by Ancillary Professions of Engineering, those activities that are exercised in the middle level, as auxiliaries of the engineers, covered by an academic degree in the educational modalities technical and technological training, conferred by legally authorized institutions of higher education, such as: Technicians and technologists in civil works, technical technicians and technologists, technicians and technologists builders, technicians and technologists in the field, technicians and technologists in mines, technicians and Technical engineering, technical and computer technologies, systems analysts and programmers, technicians and technologists in food, technical and industrial technologists, technicians, and water and sanitation technologies, technical and technological technologists, agroindustrial technologists and technologists and construction works teachers in their various modalities, who demonstrate an experience of more than ten (10) years in construction activities, through certificates issued by duly registered engineers and/or architects; exceptionally, by public works and/or planning authorities, municipal authorities.
MINMINAS 608031 Concept of 2006
ARTICLE 4. RELATED PROFESSIONS. They are engineering-related professions, those that are of the professional level, their exercise is developed in activities related to engineering in any of their areas, or whose occupational field is related to the engineering, such as: The Administration of Civil Works, Construction in Engineering and Architecture; Administration of Information Systems; Environmental and Natural Resources Administration, Bioengineering and Administration in Computing, among others.
ARTICLE 5o. EXTENSION OF THE NATIONAL CLASSIFICATION OF OCCUPATIONS. In any case, the National Professional Council of Engineering, Copnia, may extend the scope of the activities referred to in the National Classification of Occupations in Subgroups 02 and 03 or standard replacing or reforming it, in accordance with the new modalities of the academic programs and titles in engineering and its related and ancillary professions in the country.
EXERCISE OF ENGINEERING, OF RELATED PROFESSIONS AND OF THEIR AUXILIARY PROFESSIONS.
REQUIREMENTS FOR ENGINEERING, RELATED PROFESSIONS AND THEIR AUXILIARY PROFESSIONS.
ARTICLE 6o. REQUIREMENTS FOR EXERCISING THE PROFESSION. To be able to legally exercise Engineering, its related professions or its auxiliary professions in the national territory, in the branches or specialties governed by this law, it is required to be registered or registered in the respective Professional Register, which will continue to carry the Copnia, which will be credited with the presentation of the card or document adopted by this one for this purpose.
PARAGRAFO. In cases where public or private sector contractors, or any user of the engineering services, intend to establish whether a professional is legally entitled or not, to exercise the profession, may without prejudice to the requirements set out in this Article, require the Copnia to issue the respective certificate of validity.
ARTICLE 7o. REQUIREMENTS TO OBTAIN REGISTRATION AND PROFESSIONAL REGISTRATION CARD. Only registered in the Professional Register of Engineers and obtain professional registration card, in order to be able to practice the profession in the national territory, who:
a) Hayan acquired the academic title of Engineer in any of its branches, awarded by officially recognized Institutions of Higher Education, in accordance with the legal norms in force;
b) Hayan acquired the academic title of Engineer in any of its branches, awarded by Institutions of Higher Education that operate in countries with which Colombia has concluded treaties or conventions on reciprocity of titles, the situation to be endorsed by the ICFES or by the body to be determined for that purpose;
(c) Hayan acquired the academic title of Engineer in any of its branches, awarded by Institutions of Higher Education operating in countries with which Colombia has not concluded treaties or conventions on reciprocity of titles; provided that they have obtained the approval or validation of the academic title with the competent authorities, in accordance with the rules in force on the subject.
PARAGRAFO 1o. The postgraduate academic degrees of registered professionals will not be eligible for entry in the professional engineering register, therefore, when it is necessary to credit such quality, is sufficient for the presentation of the respective graduate degree, duly granted by a university or institution authorized by the State for this purpose. If the post-graduate degree was awarded abroad, it will only be accepted as duly consulted or aposited in accordance with the rules governing the matter.
PARAGRAFO 2o. The information that professionals provide as requirements for their registration in the respective professional register may only be affiliated with the Copnia for the purposes of control and surveillance of the professional exercise, except where required by the other audit and control authorities for the purposes of their jurisdiction or where they measure judicial order.
ARTICLE 8o. REQUIREMENTS FOR OBTAINING THE CERTIFICATE OF PROFESSIONAL REGISTRATION. They may only be registered in the respective Professional Register and obtain a certificate of professional registration and their respective card, in order to exercise any of the related professions or of the auxiliary professions of engineering in the national territory, who:
(a) Hayan acquired the academic title in any of its related professions or the auxiliary professions of engineering, awarded by officially recognized institutions of higher education, in accordance with the legal norms in force;
b) Hayan acquired the academic title in any of the related professions or auxiliary professions of engineering, awarded by higher education institutions operating in countries with which Colombia has concluded treaties or conventions on title reciprocity;
c) Hayan acquired the academic title in any of the related professions or auxiliary professions of engineering, awarded by higher education institutions operating in countries with which Colombia has not concluded treaties or conventions on the reciprocity of diplomas, provided that they have obtained the approval or validation of the academic title with the competent authorities, in accordance with the rules in force.
MINMINAS 608031 Concept of 2006
ARTICLE 9o. REGISTRATION AND REGISTRATION PROCEDURE. In order to obtain the professional registration or certificate of the present law, the person concerned shall submit to the Professional or Regional Professional Council of the home of the University or Institution which awarded the title, the original corresponding with their respective grade minutes, photocopy of the identity document and the receipt of the entry of the rights that the Copnia will fix for the effect.
Verified the requirements, the corresponding Sectional or Regional, will grant the registration or certificate, as the case may be, which must be confirmed by the National Council of Engineering in the ordinary session following its receipt, ordering the issue of the respective document.
ARTICLE 10. For the purposes of registration or registration, any University or Institution of Higher Education that grants titles corresponding to the professions here regulated, must submit ex officio or by requirement of the Copnia, the list of graduates each time and this event occurs, both to the Sectional or Regional Council of its domicile, and to the National Council of Engineering, respectively.
ARTICLE 11. POSSESSION IN OFFICE, SUBSCRIPTION OF CONTRACTS OR PERFORMANCE OF TECHNICAL OPINIONS INVOLVING THE EXERCISE OF ENGINEERING. To be able to take possession of a public or private office, in whose performance the knowledge or the exercise of the engineering or any of its related or ancillary professions; to participate in public or private invitations to tender whose object involves the exercise of engineering in any of its branches; to conclude engineering contracts and to issue opinions on technical aspects of engineering or some of its ancillary professions; state bodies or persons of a private, legal or natural nature; in order to present or use the title of Engineer to access positions or performances whose requirement is to hold a professional title, the presentation must be required, original, of the document attesting to the registration or professional registration of the present law.
ARTICLE 12. PROFESSIONAL EXPERIENCE. For the purposes of the exercise of engineering or any of its related or ancillary professions, professional experience shall be computed only from the date of issue of the professional registration or certificate Professional registration, respectively. All professional registration fees, professional registration certificates and certificates of registration awarded prior to the validity of this law retain their validity and are presumed to be authentic.
OF THE ILLEGAL EXERCISE OF ENGINEERING AND ITS RELATED AND ANCILLARY PROFESSIONS.
ARTICLE 13. ILLEGAL EXERCISE OF THE PROFESSION. It unlawfully exercises the profession of the Engineer, its related professions or its auxiliary professions and therefore incurs the penalties imposed by the criminal, administrative or police authority. the person who does not comply with the requirements laid down in this law or in concordant rules, practice any act in the exercise of these professions. In the same infringement, the person who, by means of notices, propaganda, professional advertisements, installation of offices, fixing of wall plates or in any other form, acts, is announced or is present as an Engineer or as a Professional as an Engineering Auxiliary Professional, without the fulfilment of the requirements laid down in this Law.
PARAGRAFO. Also incurs illegal exercise of the profession, the engineering professional, of any of its related professions or auxiliary professions, that being duly registered in the professional register of engineering, exercise the profession by being suspended for professional registration, certificate of professional registration or certificate of registration, respectively.
ARTICLE 14. COVER-UP OF THE ILLEGAL PURSUIT OF THE PROFESSION. The public servant who, in the exercise of his duties, authorises, facilitates, sponsors, covers or permits the illegal exercise of the engineering or any of its related or ancillary professions, A disciplinary failure, punishable in accordance with the applicable legal standards.
PARAGRAFO. If the person who permits, or covers the exercise of the profession, by whom he does not meet the requirements laid down in this law, is registered or registered as an engineer or a related or auxiliary profession, be suspended from the legal practice of the profession until the end of five years.
ARTICLE 15. SANTIONS. The individual who violates the provisions of this law will incur, without prejudice to criminal and police sanctions, in fine of two (2) to fifty (50) legal minimum monthly wages in force.
PARAGRAFO. The fines that are imposed as a penalty for the non-compliance with this law and its regulatory standards, must be entered in favor of the Municipal Treasury of the place where the infringement is committed and will be imposed by the respective Municipal Mayor or by whom he does his or her times, by applying the rules of procedure established for the investigation and sanction of special contraventions, according to the National Police Code or standard replace or modify it.
ARTICLE 16. NOTICE OF THE ILLEGAL EXERCISE OF ENGINEERING. The National Professional Council of Engineering, Copnia, must give notice to all companies related to engineering or to use the services of engineers, of the complaint that is established against any person for illegally exercising engineering, using all means at their disposal to prevent such an infringement, in order to protect society from the potential risk to which it is subjected.
ARTICLE 17. THE LIABILITY OF LEGAL PERSONS AND THEIR REPRESENTATIVES. The company, firm, company or professional organisation whose activities include, in an exclusive or partial manner, some or some of the activities corresponding to the exercise of the engineering, of its related professions or of its auxiliary professions, is obliged to include in its permanent payroll, at least, a professional registered in the race corresponding to the social object of the respective legal person.
PARAGRAFO. The legal representative of the legal person who omit the compliance with the provisions of this Article shall be subject to the penalties provided for for the illegal exercise of profession and regulated trade, by the application of the procedure laid down for special contraventions of the police or the person who replaces it.
ARTICLE 18. ENGINEERING WORK ADDRESS. All work related to the exercise of the Engineering, must be directed by an engineer enrolled in the professional engineering register and with professional registration card in the branch respective.
PARAGRAFO. When the work is concerned with those referred to in Law 400 of 1997, in addition to the requirements laid down in this law, it shall be in compliance with those laid down in such a regime or in the rule that substitute, subject to the penalties provided for in violation of the Code of Ethics and the correct exercise of the profession.
ARTICLE 19. PERICALS. The position or function of expert, where the opinion includes technical questions of the engineering, of its related professions or of its auxiliary professions, shall be entrusted to the professional whose specialty corresponds to the the subject matter of the opinion.
ARTICLE 20. PROPOSALS AND CONTRACTS. Proposals to be made in invitations to tender and invitations to tender opened by public authorities of the national, sectional or local order, for the award of contracts the object of which involves the development of activities cataloged as an engineering exercise, they must be guaranteed, in any case, at least, by an engineer registered and with a professional registration card in the respective branch of engineering.
In the contracts to be concluded as a result of the invitation to tender or the tender, the contractors shall have the obligation to entrust the studies, the technical direction, the execution of the work or the financial controller, to professionals registered in the engineeringregistration, accredited with the professional registration card or, exceptionally, with the constancy or certificate of its validity.
PARAGRAFO. The provisions of this article will apply in all its parts, both to the proposals that are presented, as well as to the contracts of the same nature and that, with the same objective, will be celebrated with the societies of mixed economy and with public establishments and industrial or commercial enterprises of national, departmental, district or municipal order and those decentralized by services.
ARTICLE 21. DENUNCIATION OF THE ILLEGAL EXERCISE OF ENGINEERING. The National Professional Council of Engineering, Copnia, shall report and publish by the means at its disposal the illegal exercise of the profession of which it has knowledge, in order to protect the society of the possible risk to which the subject is subjected.
OF FOREIGN PROFESSIONALS.
ARTICLE 22. In the constructions, consultancies, studies, projects, calculations, designs, installations, assemblies, interventories, consultants and other works related to the exercise of the professions The participation of foreign professionals may not exceed 20% (20%) of their staff of engineers or auxiliary or related professionals of Colombia, without prejudice to the application of the rules work in force.
PARAGRAFO. When prior to the authorization of the Ministry of Labor and in the case of strictly technical or scientific personnel indispensable, there is a need for greater participation of foreign professionals than the previously established, the employer or the firm or entity that requires such work, shall have one (1) year counted from the date of the commencement of work, to provide adequate training to the national professionals, with the aim of to replace foreigners, to complete the minimum of eighty percent (80%) of nationals.
ARTICLE 23. TEMPORARY PERMISSION TO EXERCISE WITHOUT REGISTRATION PERSONS ENTITLED AND DOMICILED ABROAD. Who holds the academic title of engineer or auxiliary profession or the end of the professions here regulated, is domiciled abroad and be bound under any contractual arrangements to temporarily pursue the profession in the national territory, must obtain from the National Professional Council of Engineering, Copnia, a temporary permit to exercise without professional registration, certificate of professional registration or certificate of registration, as the case may be; which will be valid for one (1) year and may be discretionally renewed by the National Professional Council of Engineering, Copnia, always, up to the maximum period of the contract or the work contracted, upon submission of application sufficiently reasoned, by the contracting undertaking or by the professional concerned or by its representative; title or diploma duly consulted or aposited, as the case may be; photocopy of the contract which motivates its activity in the country and the receipt of entry of the respective rights.
PARAGRAFO 1o. The requirements and procedures set out in this article will apply to all branches of engineering, their related professions and their auxiliary professions, although have special regulations and will be awarded by the National Professional Council of Engineering, Copnia, exclusively. The competent authority shall grant the respective visa, without prejudice to the temporary permission referred to in this Article.
PARAGRAFO 2o. Eximen from the obligation to process the Temporary Permit referred to in this Article, the foreign professionals invited to give lectures, seminars, symposia, congresses, workshops of type technical or scientific, as long as they are not permanent in character.
PARAGRAFO 3o. If the professional beneficiary of the temporary permit intends to work indefinitely in the country, he/she must approve or validate the title in accordance with the rules governing the matter and process the professional registration or certificate of professional registration, as the case may be.
OF THE NATIONAL PROFESSIONAL ENGINEERING COUNCIL AND ITS REGIONAL OR SECTIONAL COUNTERPARTS.
NAMING, LEGAL NATURE, INTEGRATION, AND FUNCTIONS.
ARTICLE 24. NATIONAL PROFESSIONAL COUNCIL OF ENGINEERING. The National Professional Council of Engineering and its Auxiliary Professions, will be called the National Professional Council of Engineering and its acronym will be "Copnia" and will have its main headquarters in Bogotá, D. C.
ARTICLE 25. INCOME AND WEALTH. The income and patrimony of the Copnia, will be made up of the public resources that it currently has, or that the Nation has acquired for its operation; for the resources coming from the collection of certificates and (a) the term of office, the value of which shall be determined in a reasonable manner in accordance with its determination; by means of the resources from the services to rights of registration, cards and temporary permits. The fee will be distributed equitably among the users based on relevant criteria that recognize the required economic costs, under the conditions set by the regulation adopted by the National Government, rights that will not exceed the sum equivalent to one (1) current minimum monthly salary.
PARAGRAFO. To exercise its administrative policing role, the Copnia will have the support, when requested, by the administrative and police authorities, national, sectional and local, as the case may be.
ARTICLE 26. SPECIFIC FUNCTIONS OF THE NATIONAL PROFESSIONAL COUNCIL OF ENGINEERING, COPNIA. The National Professional Council of Engineering, Copnia, will have as specific functions the following:
a) Dictate your own internal regulations and that of the Sectional or Regional Councils;
(h) To confirm, clarify, repeal or revoke decisions approving or refusing to issue professional registration certificates, professional registration certificates and professional registration certificates, to engineering professionals, their related professions and their auxiliary professionals, respectively, issued by the Sectional or Regional Councils;
c) Exorder registration cards, professional registration certificates and certificate of registration to engineers, related professionals and auxiliary engineering professionals, respectively;
d) Solve in a single instance the issue or cancellation of temporary permissions;
e) to report to the competent authorities the violations of the legal practice of the engineering, its related professions and its auxiliary professions;
f) Reporting to the competent authorities the offences and violations of their knowledge on the occasion of their duties;
g) Solve, in the second instance, the resources to be brought against the determinations that end the actions of the first instance of the Sectional or Regional Councils;
h) Implement and maintain, within the techniques of computer science and modern technology, the professional engineering register corresponding to the engineering professionals, their related professions and their auxiliary professions;
i) Issue concepts and answer questions about aspects related to the exercise of engineering, its related professions and its auxiliary professions, when asked for any legal or professional effect;
j) Serve as an official consultative body of the Government, in all matters related to the regulation of engineering, its related professions and its auxiliary professions;
k) Establish the value of the rights deriving from the collection of certificates and constances, which shall be determined in a reasonable manner according to their determination; and of the resources provided by the services of tuition, cards and temporary permits. The fee will be distributed equitably among the users based on relevant criteria that recover the costs of the service; under the conditions set by the regulation adopted by the National Government, indicating the system and the method, define the recovery of the costs of the services provided to the users or the participation of the services provided to them and the way to make their distribution according to the article 338 of the Political Constitution, rights which may not exceed the sum equivalent to one (1) salary Current monthly legal minimum;
l) Approve and execute, autonomously, the budget of the National Professional Council of Engineering, Copnia, and that of Regional or Sectional Councils;
m) With the support of the other administrative and police authorities, inspect, monitor and control the professional exercise of natural or legal persons engaged in engineering or any of their auxiliary professions;
n)
o) Adopt your own personnel plant according to your needs and determination;
p) Vellar for compliance with this law and other rules that regulate and supplement it;
q) Present to the Ministry of Foreign Affairs, observations on the issuance of visas to engineers, related professionals and auxiliary engineering professionals, requested in order to exercise their profession in the territory national;
r) Present to the Ministry of National Education, observations on the approval of educational programs and educational establishments related to engineering, related professions and the auxiliary professions of this;
s) To report to the competent authorities violations of the provisions governing the exercise of engineering, its related professions and its auxiliary professions and to request from them the imposition of sanctions corresponding;
t) To address complaints or complaints about the conduct of engineers, related professionals and auxiliary engineering professionals, who violate the mandates of this law, the correct exercise and the Code of Professional Ethics absolving or sanctioning, in due course, the professionals under investigation;
u) Other laws and regulations and other regulations and supplementary rules.
OF REGIONAL OR SECTIONAL COUNCILS.
ARTICLE 27. CREATION OF REGIONAL AND REGIONAL COUNCILS.
ARTICLE 28. INTEGRATION OF THE REGIONAL OR SECTIONAL BOARD OF DIRECTORS. The Regional or Sectional Board of Directors will be integrated as follows:
1. The Governor of the department in which the Regional or Sectional Council operates, who shall preside over it; may delegate, exclusively, to the Secretary of Public Works of the department or who does his or her duties.
2. The Secretary of Education of the headquarters department or its delegate.
3. The Secretary of Planning of the headquarters department or who does his or her delegate.
4. The Rector or Dean of Engineering of one of the universities or institutions of higher education of the headquarters department, who grant a degree of engineer, or of any of its related professions or of any of its auxiliary professions, elected in the meeting convened by the Copnia for that purpose, in the case where there are more than one.
5. The President of one of the regional engineering agremiations, of his or her related professions or of their auxiliary professions, elected on a board called by the Copnia for that purpose, in the case where there are more than one in the headquarters department.
PARAGRAFO 1o. The period of the elected representatives on board will be two (2) years, and may be re-elected only for the subsequent period.
PARAGRAFO 2o. Delegates shall be engineers of the branches inspected, monitored and controlled by the Copnia, duly registered.
ETHICS CODE FOR THE EXERCISE OF ENGINEERING IN GENERAL AND ITS RELATED AND ANCILLARY PROFESSIONS.
GENERAL PROVISIONS.
ARTICLE 29. ETHICAL POSTULATES OF THE VOCATIONAL EXERCISE. The professional exercise of Engineering in all its branches, of its related professions and their respective auxiliary professions, must be guided by criteria, concepts and high ends, which You must therefore be in line with the provisions of the following rules which constitute your Code of Professional Ethics.
PARAGRAFO. The Code of Professional Ethics adopted by this law will be the framework for the professional behavior of the engineer in general, his related professionals and their auxiliary professionals and their violation. be sanctioned by the procedure laid down in this Title.
ARTICLE 30. The engineers, their related professionals and their auxiliary professionals, for all the purposes of the Code of Professional Ethics and its Disciplinary Regime referred to in this Law, will be called " The professionals ".
OF PROFESSIONALS ' DUTIES AND OBLIGATIONS.
ARTICLE 31. GENERAL DUTIES OF PROFESSIONALS. They are general duties of the following professionals:
(a) Meet the requirements, citations and other measures that the National Professional Council of Engineering or any of its Sectional or Regional Councils may formulate or order;
(b) Custodian and care for the goods, values, documentation and information which, by reason of the exercise of their profession, have been entrusted or to which they have access; preventing or avoiding their subtraction, destruction, concealment or use not due, in accordance with the purpose for which they were intended;
c)
d)
e) Allow immediate access to the representatives of the National Professional Council of Engineering and the police authorities, to the places where they must advance their investigations and the examination of the books, documents and due diligence as well as providing them with the necessary collaboration for the performance of their duties;
f) to report crimes, contraventions and faults against this Code of Ethics, to which you have knowledge on the occasion of the exercise of your profession, providing all the information and evidence you have in your possession;
g) The other duties included in this law and those indicated in all legal and technical rules related to the exercise of their profession.
ARTICLE 32. GENERAL BANS ON PROFESSIONALS. They are general bans on professionals:
(a) Appoint, choose, hold or hold its service, for the performance of a private or public office that requires to be performed by engineering professionals or any of its related or ancillary professions, on a permanent or temporary basis, persons who illegally exercise the profession;
b) Allow, tolerate or facilitate the illegal exercise of the professions regulated by this law;
c) Request or accept commissions in money or in kind for the purchase of goods and services for their client, society, institution, etc., for which they provide their professional services, except for legal or contractual authorization;
d) Execute acts of violence, ill-treatment, injury or slander against superiors, deputies, co-workers, partners, clients or officials of the National Professional Council of Engineering or any of its Regional Councils or Sectionals;
e)
(f) Repeated and unjustified non-compliance with civil, commercial or labour obligations, which it has incurred in the course of the exercise of its profession or activities related to it;
g) Causing, intentionally or culpably, damage or loss of goods, items, equipment, tools or documents that have come to their power by reason of the exercise of their profession;
h)
i) Failure to comply with any disciplinary decisions imposed by the National Professional Board of Engineering or to hinder its execution;
j) Request or receive directly or for person, gratifications, gifts or rewards on the basis of the exercise of their profession, except for contractual or legal authorization;
k) Participate in tenders, concur or subscribe to state contracts whose object is related to the exercise of engineering, being incourseable in any of the inabilities and incompatibilities established by the Constitution and the law;
l) Other prohibitions included in this law and rules that supplement and regulate it.
ARTICLE 33. SPECIAL DUTIES OF THE PROFESSIONALS FOR THE SOCIETY. They are special duties of the professionals for the society:
a)
b)
c)
d) Carefully study the environment that will be affected in each proposal
of the task, assessing the environmental impacts on the ecosystems involved, urbanized or natural, including the socioeconomic environment, selecting the best alternative to contribute to an environmentally sound and sustainable development, with the the aim of achieving the best quality of life for the population;
e) Reject all kinds of recommendations in works that involve avoidable damage to the human environment and nature, both in open spaces and in the interior of buildings, assessing their environmental impact, both in the short and long term period;
f) Exercise the profession without making its concepts or professional criteria subject to partisan activities;
g) selflessly offer your professional services in case of public calamity;
h) Protect the lives and health of community members, avoiding unnecessary risks in the execution of jobs;
i) Refrain from issuing professional concepts, without having the absolute conviction to be properly informed about it;
j) Vellar for the protection of the integrity of the national heritage.
ARTICLE 34. SPECIAL BANS ON PROFESSIONALS WITH RESPECT TO SOCIETY. Special prohibitions on professionals in relation to society:
a) Offer or accept work against the current legal provisions, or accept tasks that exceed the business that gives you its title and its own preparation;
b) Impose your signature, free of charge or onerous, in plans, specifications, opinions, memoirs, reports, applications for planning licenses, applications for building licenses and any other documentation related to the exercise professional, which have not been studied, controlled or personally executed;
(c) Exorder, permit or contribute to the issue of diplomas, diplomas, tuition fees, professional registration cards; professional registration certificates or professional registration certificate cards and/or certificates of validity professional registration, to persons who do not meet the legal or regulatory requirements to exercise these professions or are not properly registered or registered;
(d) Make their name appear in advertisements, letterheads, stamps, propagandas and other similar means together with those of persons who are illegally exercising the profession;
e) initiate or permit the commencement of construction works without having obtained from the competent authority the respective license or authorization.
ARTICLE 35. DUTIES OF PROFESSIONALS FOR THE DIGNITY OF THEIR PROFESSIONS. They are duties of the professionals of those who treat this Code for the dignity of their professions:
a)
b) Respect and enforce all legal and regulatory provisions that have an impact on acts of these professions, as well as denounce all their transgressions;
c) Veloing for the good prestige of these professions;
(d) Your means of propaganda must conform to the rules of prudence and professional decorum, without making use of advertising means with exaggerated warnings that give rise to mistakes about your specialty or professional suitability.
ARTICLE 36. BANS ON PROFESSIONALS WITH RESPECT TO THE DIGNITY OF THEIR PROFESSIONS. They are prohibitions on professionals with respect to the dignity of their professions:
(a) Receive or grant commissions, participations or other illegal or unjustified benefits in order to manage, obtain or agree professional designations or the professional work assignment.
ARTICLE 37. DUTIES OF PROFESSIONALS FOR THEIR COLLEAGUES AND OTHER PROFESSIONALS. They are the duties of professionals to their colleagues and other engineering professionals:
a) refrain from making any public adverse judgments on the action of a colleague, pointing out professional errors in which he is alleged to have incurred, unless this is essential for reasons of general interest or, has previously given him the opportunity to acknowledge and rectify those actions and errors, making such a professional disregard;
b) To work with the utmost prudence and diligence when concepts are issued about the actions of other professionals;
(c) Setting up for colleagues who act as employees or employees of their own, salaries, fees, remuneration or fair and adequate compensation, in accordance with the dignity of the professions and the importance of the services they provide;
d) Respect and recognize the intellectual property of other professionals about their designs and projects.
ARTICLE 38. BANS ON PROFESSIONALS WITH RESPECT TO THEIR COLLEAGUES AND OTHER PROFESSIONALS. They are bans on professionals, with respect to their colleagues and other engineering professionals:
a) Use without authorization from their legitimate authors and for their application in their own professional work, studies, calculations, plans, designs and software and other documentation pertaining to those, except that the professional task is requires, in which case the author must be given notice of such use;
b) To disengage, denigrate or unfairly criticize colleagues, or to contribute directly or indirectly to damaging their reputation or that of their projects or businesses on the occasion of their professional performance;
c) Using methods of unfair competition with colleagues;
(d) Designate or influence to be designated in technical positions to be performed by the professionals concerned by this Code, to persons lacking the qualifications and qualities that are legally required;
e) Propose services with price reduction, having known the proposals of other professionals;
f) Review work of another professional without knowledge and prior acceptance of it, unless it has been completely separated from such work.
