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Law Of Creation Of The University Regional Amazon Ikiam

Original Language Title: Ley de Creación de la Universidad Regional Amazónica Ikiam

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SUMMARY:

Pags.

LEGISLATIVE FUNCTION

LAW:

NATIONAL ASSEMBLY:

-Ikiam Amazonian Regional University Creation Act ...................................... 1

AUTONOMOUS GOVERNMENTS

DECENTRALIZED ADOS

MUNICIPAL ORDINANCES:

-Canton Chimbo: Which regulates the determination, administration and collection of the urban pregod tax for the Bienio 2012-2013 ... 5

-Canton El Pan: What regulates the

urban pre-dials and rural, rural and rural property tax determination, administration and collection for the biennium 2014-2015 ............................. 13

-Canton Rocafuerte: What regulates training

of the pre-dial ral catstro, su determination, administration and tax collection for the biennium 2014-2015 .................................... 26

-Canton Salcedo: Operating and

administration of the land terminal of public passenger transport .................... 34

-Canton San Pedro de Pimampiro: What

replaces the one that rules the charging of fees for technical and administrative services ............... 38

PRESIDENCY OF THE REPUBLIC OF ECUADOR Office No. T. 6715 -SGJ-13-1086 Quito, December 4, 2013 Mr. Engineer HUGO E. DEL POZO BARREZUETA Director of the Official Register In his office

S U P L E M E N T O

Ano I    r   Nº  144  

Quito,  lunes 16  de  

December  de 2013  

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ING.  HUGO  ENRIQUE  DEL  POZO  

BARREZUETA 

DIRECTOR 



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2 -- Supplement -- Official Registration No. 144 -- Monday December 16, 2013

Of my consideration: With trade number PAN-GR-2013-1353, de1 14 November of this year; Mrs. Gabriela Rivadeneira Burbano, President of the National Assembly, referred to the Constitutional President of the Republic the Law of Creation of the Amazonian Regional University Ikiam, that the Legislative Function discussed and approved. This law was sanctioned by the President on 3 December of this year, so that, in accordance with the provisions of Articles 137 of the Constitution of the Republic and 63 of the Organic Law of the Legislative Function, the president referred to the law. mentioned in original and in certified copy, as well as the certificate of discussion, for their corresponding publication in the Official Register. Additionally, please thank you that once the respective publication has been carried out, the original copies will be sent to the National Assembly for the relevant purposes. Intently,

f.) DR. ALEX IS MERA GILER, National Legal Secretary.

REPUBLIC OF ECUADOR

NATIONAL ASSEMBLY

Of. No. PAN-GR-2013-1353

Quito, 14 NOV. 2013 Mr. Economist RAFAEL CORREA DELGADO Constitutional President of the Republic of Ecuador In his office.-Mr. President: The National Assembly, with the powers conferred on it The Constitution of the Republic of Ecuador and the Organic Law of the Legislative Function, discussed and approved the LAW OF CREATION OF THE AMAZ ONICA REGIONAL UNIVERSITY IKIAM.

In this virtue and for the purposes provided for in Articles 137 of the Constitution of the Republic of Ecuador and 63 of the Organic Law of the Legislative Function, I refer to the Authentic and certified copy of the text of the bill, as well as also the General Secretariat's certification on the dates of the respective debates.

Attentive,

f.) GABRIELA RIVADENEIRA BURBANO, President.

It is a copy of the original, in a useful record. Quito, 4 December 2013. f.) Dr. Glenda Soto Rubio, SECRETARY GENERAL OF THE PRESIDENCY OF THE REPUBLIC, IN CHARGE.

REPUBLIC OF ECUADOR

NATIONAL ASSEMBLY

CERTIFICATION

In my capacity as General Secretariat of the National Assembly, I allow myself to CERTIFY that the National Assembly discussed and approved the "LAW OF CREATION OF THE AMAZ ONICA IKIAM REGIONAL UNIVERSITY" , in the first debate on 26 September 2013, 17 October 2013 and 22 October 2013; in the second debate on 12 November 2013. Quito as of November 14, 2013 f.) DRA. LIBYA RIVAS ORDONEZ, General Secretariat.

REPUBLIC of Ecuador

NATIONAL ASSEMBLY

THE PLENO

CONSIDERING:

What, Article 3 number 1 of the Constitution of the Republic of Ecuador establishes as the duty of the State to guarantee without any discrimination the effective enjoyment of the rights established in the Constitution and in the international instruments, in particular education, health, food, security Article 26 of the Constitution of the Republic states that: education is a right of people throughout their lives, an inescapable and inexcusable duty of the State, a priority area of public policy, state investment, a guarantee of social inclusion and a condition for good living; That, Art. 27 of the Constitution of the Republic determines that education "will be participatory, obligatory, intercultural, democratic, inclusive and diverse, of quality and warmth; it will promote gender equity, justice, solidarity and peace." generating the obligation of the State to guarantee the constitutional principle of plurinationality and interculturality, including in curricular plans subjects that relate to peoples and nationalities as a transversal axis that refers to cultures, linguistics, customs, cosmovision, peoples and What, article 344 of the Constitution of the Republic of Ecuador, determines that the national education system will comprise the institutions, programs, policies, resources and actors of the educational process, as well as actions in the levels of initial, basic and baccalaureate education, and will be articulated with the Education System Superior;

Supplement -- Official Registration No. 144 -- Monday, December 16, 2013 -- 3

That, Article 347, number 1 of the Constitution of the Republic of Ecuador determines: " It shall be the responsibility of the State: 1. Strengthen the public education and co-education; ensuring the permanent improvement of the quality, the expansion of the coverage, the physical infrastructure and the necessary equipment of the public educational institutions. (...) ";

That, article 350 of the standard mater, points out that the System of Higher Education aims for academic and professional training with scientific and humanist vison, promoting scientific and technological research, innovation, promotion, development and dissemination of knowledge and cultures in accordance with the objectives of the development regime;

That, Article 354 of the fundamental rule of the State establishes that universities and schools polytechnics, public and private will be created by law, prior binding report of the body responsible for the planning, regulation and coordination of the system of higher education, which will be based on the previous favourable and mandatory reports of the institution responsible for quality assurance and the institution National planning;

That, article 355 of the Supreme Charter of the Republic of Ecuador, among other principles, establishes that the State will recognize the universities and polytechnic schools academic autonomy, administrative, financial and organic, in line with the objectives of the development regime and the principles

357 of the Constitution of the Republic of Ecuador states that the State will guarantee the financing of public institutions of higher education, and that the distribution of these resources must be based fundamentally on the quality and other criteria defined in the Law;

That, Article 13 of the Organic Law of Higher Education establishes as functions of the System of Higher Education and therefore of the Universities and Polytechnic Schools " Promote and strengthen the development of languages, cultures and knowledge The ancestral of the peoples and nationalities of Ecuador in the framework of interculturality ";

What, article 20 literal b) of the Organic Law of Higher Education (LOES), establishes that part of the patrimony financing of the institutions of higher education, will be constituted by the income established in the Law of the Permanent Fund of University and Polytechnic Development (FOPEDEUPO), which was created with the objective of supporting and strengthening higher education with adequate infrastructure, equipment and conditions enabling technical and scientific teaching; Article 108 of the LOES provides that public and private universities and polytechnic schools will be created by law, after a binding report of the Council of Higher Education (CES);

The fifth of the Organic Law of Higher Education (LOES), establishes that within 5 years after the law, no new institutions of higher education will be created, with the exception of the National University of Education, the Regional Amazonian University, the University of the Arts, and a research university of Experimental technology, which, by ex officio Nro. MCCTH-DESP-2012-0688-O dated August 17, 2012, the Executive Function, through the Ministry of Knowledge and Human Talent, presented to the ESC the technical-academic proposal for the creation of the Amazonian Regional University IKIAM: That the ESC, based on the previous favorable reports, issued by the National Secretariat for Planning and Development (SENPLADES) and the Council for Evaluation, Accreditation and Assurance of Quality of Higher Education (CEAACES), through, resolution RPC-SO-22 -No. 221-2013, dated June 12, 2013, issued a favorable and binding report for the creation of the Amazonian Regional University IKIAM; which, by trade No. T. 6715-SN.1-13-679 dated August 9, 2013, submitted to the National Assembly, Economist Rafael Correa Delgado, President of the Republic, ratified the efforts made by the Ministry of Knowledge and Human Talent, for the development and presentation of the technical-academic proposal for the creation of the Amazonian Regional University IKIAM, and referred the corresponding bill for its treatment; and, exercising its powers contained in the number 6 of the Article 120 of the Constitution, issue the following:

LA CREATION ACT AMAZ ONICA IKIAM REGIONAL UNIVERSITY

ARTICLE 1.- CREATE THE AMAZONIAN REGIONAL UNIVERSITY IKIAM, AS AN INSTITUTION OF HIGHER EDUCATION OF PUBLIC LAW, NON-PROFIT, WITH ITS OWN LEGAL PERSONALITY, WITH AUTONOMY academic, administrative, financial and organic, according to the principles established in the Constitution of the Republic and the Organic Law of Higher Education. The promoter of the Amazonian Regional University IKIAM is the Executive Function, through the Ministry of Coordination of Knowledge and Human Talent. Article 2.- The Amazonian Regional University IKIAM will have its headquarters in the canton Tena, Napa province. The Board of Higher Education, within the framework of its competencies established in the Organic Law of Higher Education, may approve the creation of the headquarters of the province of the parent headquarters, according to the respective procedure. Article 3.- The heritage and funding sources of the IKIAM Amazon Regional University, those determined in the Organic Law of

4 -- Supplement -- Official Registration No. 144 -- Monday, December 16, 2013

Higher Education and those from projects or investment programs generated for implementation. The Amazonian Regional University IKIAM will participate in the proportional share of the income allocated by the State to the universities and polytechnic schools.

UNIQUE GENERAL ARRANGEMENT In the absence of this L and will be at the same time provided for in the Organic Law on Higher Education, its General Implementing Regulation, and other rules issued by the Board of Higher Education in the framework of its powers.

TRANSITIONAL provisions FIRST. - Pursuant to the Constitution of the Republic, the Organic Law of Higher Education, and the Regulation of Creation, Intervention, Suspension and Application of Law, Decree Law, Executive Decree of Universities and The President of the Republic shall appoint the members of the Gestora Commission once this law has been enacted. To be appointed, the members of the Gestora Commission will meet the requirements laid down in the Regulation of Creation, Intervention, Suspension and Application of Law, Decree Law, Executive Decree of Universities and Schools Polytechnics. The Gestora Commission will act as the maximum authority of the Amazonian Regional University IKIAM, for an unextendable period of 5 years counted from the validity of this Law, and will perform the academic, administrative, financial functions They are required, with their own functions of university authority, charged with planning, managing, shaping, normalizing and implementing the actions necessary for the initiation and development of the institution's activities. Who is expected to represent the Gestora Commission will represent the IIKAM Amazon Regional University for the duration of the transition period. The members of the Gestora Commission shall be free of appointment and removal. SECOND.- The Gestora Commission, as each one of the ESAs of the Amazonian Regional University IKIAM will be integrated, will convene the processes of election of its representatives, who will join the Gestora Commission in the percentages of representation established in the Organic Law of Higher Education and internal norms of the University. The Management Committee shall regulate the periods of duration of those representatives. THIRD.- The Gestora Commission within the maximum period of ninety (90) days from its conformation, will initiate the

legal and regulatory procedures necessary for the approval of the Statute of the Amazonian Regional University IKIAM, thus as of the careers and programs that make up your initial academic offering.

FOURTH. - Within a maximum period of one hundred and eighty (180) days prior to the end of the transition period, the process of election of the first authorities of the Amazonian Regional University IKIAM, as well as of the representatives of the respective university estates to the highest academic college, in the terms laid down in the Organic Law of Higher Education and the statute of the institution of higher education. The authorities and elected representatives shall take up their duties after the end of the five (5) year transitional period. QUINTA.- The transfer of the goods and resources that supported the technical-academic proposal for the creation of the Amazonian Regional University IKIAM, will have to be carried out within the deadlines and according to the procedures established in the Organic Law of Higher Education, and other applicable laws and regulations. SIXTH.- During the first five-year period, the Amazonian Regional University IKIAM will participate in the FOPEDEUPO, without prejudice, in absolute values of the funds collected by universities and polytechnic schools.

FINAL DISPOSITION This Law shall enter into force on the basis of its publication in the Official Register. Given and signed at the headquarters of the National Assembly, located in the Metropolitan District of Quito, Pichincha Province, at the twelve days of the month of November, two thousand thirteen. f.) GABRIELA RIVADENEIRA BURBANO, President. f.) DRA. LIBYA RIVAS ORDONEZ, General Secretariat. THE CITY OF TENA, NAPO PROVINCE, AT THREE IN DECEMBER OF TWO THOUSAND THIRTEEN. SANCTION AND PROMULGATE. f.) Rafael Correa Delgado, PRESIDENT CONSTITUCIONA DE LA REPÚBLICA.

It is a copy of the original in seven useful sheets.-I CERTIFY. Quito, 4 December 2013. f.) Dr. Glenda Soto Rubio, SECRETARY GENERAL OF THE PRESIDENCY OF THE REPUBLIC, IN CHARGE.

-- Official Registration No. 144 -- Monday, December 16, 2013 -- 5

DECENTRALIZED AUTONOMOUS GOVERNMENT

CANTON CHIMBO MUNICIPAL

Considering: That the Organic Law of Regime Municipal has: that the municipalities will carry out, in compulsory form, general updates of the catstars and the valuation of the urban and rural property every biennium. In the area of finance, the municipal administration is responsible for: Formulating and maintaining the system of catstars of the urban premises located in the canton, and issuing the corresponding credit titles for the collection of these taxes. The municipalities will regulate and establish by means of ordinances, the specific parameters for determining the value of the property and the collection of their taxes. The value of the property shall be established by the sum of the value of the soil and, if any, the value of the buildings which have been built on it. This value constitutes the intrinsic value of the real estate and will serve as a basis for the determination of taxes and for other non-tax purposes such as expropriation. That article 68 of the Tax Code empowers the Municipality to exercise the determination of the tax obligation. That Articles 87 and 88 of the Tax Code entitle the Municipality to adopt by administrative provision the modality to choose any of the isks of determination provided for in this Code. So in use of the privileges granted to him by the Organic Law of the Municipal Regime in force:

Exasks: THE ORDINANCE THAT REGULATES THE DETERMINATION, ADMINISTRATION AND COLLECTION OF THE TAX ON URBAN PREMISES FOR THE BIENNIUM 2012-2013. Art. 1.-OBJECT OF THE TAX.- They are the subject of the tax on the Urban property, all the premises located within the limits of the urban areas of the cantonal heading and the other urban areas of the Canton determined according to the Law in art. 312. Art. 2.-TAXES LEVIED ON URBAN PREMISES.- Urban prediums are taxed by the following taxes laid down in Arts. 312 to 330 of the Organic Law of Municipal Regime; 1.-The tax on urban prediums 2.- Additional taxes in promotion zones

immediate.

Art. 3.-EXISTENCE OF THE OPERATIVE EVENT.- The cadastre will record the qualitative and quantitative elements that establish the existence of the General Fact, which structure the content of the predial information, in the form of (a) a declaration or a declaration on the basis of the following general indicators established in Arts 15, 16 and 17 of the Tax Code. 01.-(2) Predial identification 02.-) Tenure 03.-) Description of land 04.-) Infrastructure and services 05.-) Land use 06.-) Description of Art. 4.-ACTIVE ETO.- The active subject of the taxes outlined in the preceding articles is the Municipality of the Chimbo canton Art. 5.-TAXABLE PERSONS.- They are taxable persons, taxpayers or liable for taxes on urban property, natural or legal persons, companies in fact, societies of property, inheritance and inheritance other entities even if they have no legal personality, as the Arts point out. : 24, 25, 26 and 27 of the Tax Code and which are owners or users of real estate located in the urban areas of the Canton. Art. 6.-THE VALUE OF THE PROPERTY.- The art. 313 of the LORM that establishes To establish the value of the property will be considered in mandatory form, the following elements: a) The value of the soil that is the unit price of soil,

urban or rural, determined by a process of comparison with sales prices of plots or solar of similar or homogeneous conditions of the same sector, multiplied by the surface of the plot or solar.

b) The value of the buildings that is the price of the

constructions that have been developed on a permanent basis over a solar, calculated on the replacement method; and,

c) The value of reorder that is determined by applying a

process that allows the construction simulation of the work to be to be valued, at updated construction costs, depreciated in proportion to the useful life time.

Urban prediums will be valued through the application of the soil value elements, the value of the buildings and the value of the replenishment provided for in the Act; on the basis of the information, components, values and technical parameters, which will be specific to each locality and described below: