Key Benefits:
SUMMARY:
Pags.
LEGISLATIVE FUNCTION
THE PLENO:
NATIONAL ASSEMBLY:
-Law for the Setting of Internal Territorial Limits ....................................................... 2
AUTONOMOUS GOVERNMENTS
DECENTRALIZED
MUNICIPAL ORDINANCES:
-Canton Cuyabeno: What Reglaments the Detergent-Nation, Control and Tax Collection of 1.5 per thousand on total assets ........................ 10
-Canton the Splice: Of constitution of the Em-
Municipal Public Dam of Drinking Water and Sewerage of the canton The Splice-EP EMAPAL-E ................................................ 13
-Canton the Jewel of the Sachas: What regulates the
application to the tax on profits in the trans-ference of urban pregod and surplus value, according to the Organic Code of the Territorial Organization, Autonomy and Discentralization dentr or the jurisdiction ................................................. 22
-Canton Pajan: What Reglaments the application,
charging and waiving fees and fees for special contributions of improvements ................. 26
-Canton San Francisco de Puebloviejo: What regulates
the installation and control of advertising ............. 31
-Canton San Francisco de Puebloviejo: Modifications to the Ordinance that creates and regulates the public dependency for the operation of the Registry of Property ............................... 40
-Canton Taisha: For the approval of
batch subdivisions, restructurings, parcelations, and urbanizations located within the canton .......................................... 42
S U P L E M E N T O
Ano IV r Nº 934
Quito, martes 16 de
April del 2013
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ING. HUGO ENRIQUE DEL POZO
BARREZUETA
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from el 1st de julio de 1895
2 -- Supplement -- Official Record No. 934 -- Tuesday, April 16, 2013
REPUBLIC of Ecuador
NATIONAL ASSEMBLY Office No. SAN-2013-0276 Quito, 08 April 2013 Mr Engineer Hugo del Pozo Barrezueta Director of the Official Register City Of My Consideration: The National Assembly, in accordance with the powers conferred upon it by the Constitution of the Republic of Ecuador and the Organic Law of the Legislative Function, discussed and approved the project of LAW FOR THE ESTABLISHMENT OF INTERNAL TERRITORIAL LIMITS. In session on 5 April 2013, the plenary session of the National Assembly met and gave a statement on the partial objection presented by the Constitutional President of the Republic. The text of the LAW FOR THE ESTABLISHMENT OF INTERNAL TERRITORIAL LIMITS, provided for in Article 138 of the Constitution of the Republic of Ecuador and Article 64 of the Organic Law of the Law of the Republic of Ecuador, is as follows: to be published in the Official Register. Intently, f.) AB. CHRISTIAN PROANO J., Prosect General (T).
REPUBLIC OF ECUADOR
NATIONAL ASSEMBLY
THE PLENO
CONSIDERING: What, according to Art. 1 of the Constitution of the Republic, Ecuador is constituted in a constitutional state of rights and social justice, democratic, sovereign, independent, unitary, intercultural, plurinational and secular; organized in the form of a republic and governed in a decentralized manner; What, in Art. 4 of the Magna Carta is established that no one can attack the territorial unit or promote secession; What, according to The territory of Ecuador constitutes a geographical and historical unit of natural, social and cultural dimensions, the legacy of our ancestors and ancestral peoples;
What, for the exercise of the competencies that were assigned to the decentralized autonomous governments by constitutional and legal mandate, a detailed physical delimitation of the territory is necessary; What, according to the Article 241 of the Constitution of the Republic establishes that the planning will guarantee the territorial arrangement and shall be compulsory at all levels of the decentralised autonomous governments, within their respective territorial constituencies; What, in accordance with the provisions of Art. 242 of the Constitution of the Republic, the State is organized territorially in regions, provinces, cantons and rural parishes; What, with the issue of the Organic Code of Territorial Organization, Autonomy and Decentralization, COOTAD, published in the Register Official Supplement No. 333 of 19 October 2010, the procedures were established and requirements for the creation of regions, provinces, cantons and parishes that require detailed and defined territorial delimitation; What, the lack of clarity in the delimitation of certain territories has been a reason for constant disputes that in one way or another have affected the internal integration and development of the State; That, according to the provisions of the Transitional Provision Tenth Sixth of the Constitution, the President of the Republic sent to the Assembly National a Bill of Law by which territorial limits are established for the provinces and In addition, it is necessary to establish appropriate mechanisms for the resolution of conflicts of territorial delimitation present and future, framed in the field of participation. citizen; What, with the aim of updating the norms corresponding to the internal border fixation requires the creation of a clear, precise and modern normative, contained in a law that is not restricted to the solution of the current conflicts, (a) to allow the limits of the rules to be regulated and fixed, for the future and in a technical manner; territorial constituencies; and, exercising its constitutional and legal powers, issue the following:
LAW FOR THE SETTING OF INTERNAL TERRITORIAL LIMITS
TITLE I
Generalities
Article 1.-Scope and object scope.-This law applies throughout the national territory and aims to establish clear and appropriate rules to accurately and definitively fix territorial boundaries. internal through:
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a) Optional conflict resolution procedures
that end existing or existing controversies;
b) The ratification of pre-existing limits that
have legal, technical and social support for which there is no controversy; and,
c) Rules on the boundary definition of the
constituencies territorial to be created.
Articu 2.-Basic Definitions.- For effects of the application of this Law will take into account the following definitions: TERRITORIAL ARBITRATION : institutional procedure through which an arbitral tribunal, appointed by common agreement by the executive authorities of the decentralised autonomous governments of the territorial boundaries in conflict of limits, issues an arbitration award which ends the conflict, with the effect of res judicata, of compulsory and unappealable compliance, without prejudice to the possibility of be cleared by the same court. In the event of a conflict of boundaries between indigenous, Afro-Ecuadorian or montubian territorial constituencies, the arbitral tribunal shall be appointed by common accord, for which it may consider its own right. customary. POPULAR QUERY: Institutional process for the exercise of direct, constitutional and legally regulated democracy, through which the populations of certain territorial constituencies express their will regarding a solution to put an end to a conflict of limits affecting them. TERRITORIAL DELIMITATION: is the legal, technical-geographical and participatory process that determines and specifies the internal boundaries of territorial constituencies at national level. LIMITS INDEFINITION: is the lack of legal definition and/or imprecision of territorial boundaries. TECHNICAL REPORTS: are the result of studies conducted in a technical manner that, collecting the criteria of the populations involved, guide the decision-making process on the delimitation and modification of the organization territorial. LEGAL REPORTS: These are specialized opinions resulting from the legal analysis of current and historical documents available on the border. LAUDO .- Failure or final decision that after the respective arbitration, issues the arbitral tribunal, with binding character and effect of res judicata, in respect of a conflict of internal territorial limits submitted to its knowledge and resolution. INTERNAL TERRITORIAL LIMIT: is the vertical imaginary plane that separates the territories of rural parishes, cantons, provinces and regions of Ecuador, within which the institutions of the State exercise their powers and fulfill their administrative function.
TERRITORIAL CONSTITUENCY. - It is the way in which territorially the State is organized which, constitutionally, refers to rural parishes, cantons, provinces and regions, in which decentralized autonomous governments and special regimes exercise their powers. MEDIATION: is a procedure for resolving disputes through the facilitation, coordination and technical-legal support that, after agreement of the parties, carries out, a friendly conciliator of recognized prestige and appointed by common According to them, the purpose of the agreement is that the populations and authorities of the territories that maintain conflict of limits and/or belonging, will build a consensual solution to their conflicts. DIRECT NEGOTIATION: a process of dialogue that directly carries out the populations and executive authorities of the territorial constituencies, including indigenous, Afro-Ecuadorian and montubias, who maintain border conflicts and/or of membership, in order to resolve them by mutual agreement. PROCEDURES FOR THE SOLUTION OF BORDER CONFLICTS AND BELONGING: sequence of actions aimed at ending the border conflicts and belonging to the territorial constituencies. They may be friendly or institutional procedures. IMOS AM ISTOSOS: comprise direct negotiation, mediation or any other means through which the authorities and populations of the territorial constituencies that maintain conflict of limits and/or membership, including indigenous, Afro-Ecuadorian and montubias constituencies, can reach consensus solutions to them. In case of boundary conflicts between indigenous, Afro-Ecuadorian and montubias constituencies, the friendly procedures will include those who determine their own forms of coexistence, their own right or customary.
INSTITUTIONAL SETTINGS: These are institutional procedures, popular consultation, and those that are brought to the attention of councils, councils or the President of the Republic, in the field of their competencies, or before an arbitrator, to issue an opinion or mandatory award, as the case may be, to terminate the boundary conflict.
RESOLUTION: that after the respective friendly or institutional procedures issue, within the scope of their competencies, the councils, councils, or the President of the Republic, with respect to a internal territorial boundary conflict submitted to your knowledge and resolution.
Article 3.-Principles.- Are guiding principles of the internal territorial delimitation, the following:
a) Unit.- The Republic of Ecuador is a unitary state that is governed in a decentralized way through the different levels of government, which must observe the unity of legal, territorial, economic and equal treatment.
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b) Continuity.-
Administrative constituencies
built on the basis of continuity in their areas territorial, not being able to exist a constituency with separate scopes.c) Integration.- The internal territorial division must
ensure economic, cultural, historical and social integration that guarantees development of the population and the territory. The limit is an integration element that facilitates the exercise of the competencies of the different levels of government related to population and resource management.
d) Diversity.- The delimitation will consider the " nature
plurinational and intercultural of the Ecuadorian State, as well as other criteria of population order, geographic, socio-economic and belonging. In case of conflicts of internal boundaries in the territories of communes, communities, indigenous peoples and nationalities, Ecuadorian Afro, montubias may be applied own solution mechanisms based on their customs and practices.
e) Fundamentals.- The territorial delimitation should
be based on existing legal documents, in geographical, socio-economic, historical and/or Culture that contributes to the achievement of the objectives of local planning and national, to consolidate the integration of the territory and to strengthen the unitary state.
f) Citizen participation.- The mechanisms
established in this law, for territorial delimitation as well as for the conflict resolution of limits and/or membership, will have as a transversal axis citizen participation, with the coordination of decentralized autonomous governments.
g) Good Faith.- The parts whose territories are seen
affected by internal boundary conflicts, will adopt in good faith and in a manner participative with the populations involved, including the case, the communes, communities, peoples and indigenous, Afro-Ecuadorian and montubias nationalities, the procedures they consider suitable for resolving such conflicts.
TITLE II
Of the existing limits and new territorial iptions
Article 4.-Limits in force.-This law recognizes, validates and ratifies all internal territorial boundaries with respect to which has not been disputed, as well as the legal basis and other fundamentals that underpinned the establishment of such limits. Article 5.-Limits of new territorial iptions.- For the creation of new territorial constituencies or their merger, the rules and procedures laid down in the Organic Code of Territorial Organization shall be observed, Autonomy and Decentralization and
this law. The technical assistance of the Military Geographic Institute and the technical report of the National Committee of Internal Limits will be available for this purpose, without which any resolution or ordinance will have the corresponding legal value. The decentralized autonomous governments will have to count on the assistance of specialists and connoisseurs of the territories and the participation of the populations in conflict that contribute to the establishment of boundaries between the constituencies. territorial.
TITLE III
Of the Internal Limits Fixes
First Section
Of Regional, Provincial, and Cantonal Decentralized Autonomous Governments
Articu 6.-Regional Decentralized Autonomous Governments.- Regional decentralised autonomous governments will have the competence to resolve the internal border conflicts between their provinces and the sections of the boundaries of cantons or rural parishes located within the limits of the region. provincial of his constituency, without prejudice to the friendly solution to which they may reach. Articu 7.-Provincial Decentralized Autonomous Governments.-The legislative bodies of the provincial decentralized autonomous governments will have the competence to resolve the conflicts of internal boundaries that arise between them. (a) Cantonese and the sections of the rural parishes located in the cantonal boundaries of their constituency, without prejudice to the friendly solution to which they may arrive. Articu 8.-Autonomous Decentralized Autonomous Governments.-The legislative bodies of autonomous cantonal autonomous governments will have the competence to resolve the conflicts of internal boundaries that arise between the rural parishes in your constituency, without prejudice to the friendly solution to which they may be reached. Articu 9.-Support and Technical Report.- The decentralized autonomous governments, in terms of setting internal limits that they are responsible for negotiating or resolving, will have the technical assistance of the Military Geographic Institute and the report technical and legal form of the National Committee of Internal Limits, without which no resolution or ordinance will have the corresponding legal value. Article 10.-Social Participation.- The legislative bodies of the decentralized autonomous governments, prior to resolving the conflicts of internal limits on the basis of the jurisdiction established in this law, in all acts Administrative, legislative or friendly solution must ensure the active participation of the citizens involved.
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Second Section
Of The President of the Republic
Article 11.-The President of the Republic, with the technical advice of the National Committee of Internal Limits, will have the competence to resolve the conflicts of boundaries that arise between the regional territorial constituencies that are formed and in the sections of provinces, cantons or parishes rural areas located within the regional boundaries, without prejudice to the friendly solution to which they are
Third Section
Of The National Committee on Internal Limits
Article 12.-National Committee on Internal Limits.- The National Committee on Internal Limits is a technical, public-law body, assigned to the Ministry that the President of the Republic has, with legal personality and administrative, budgetary and financial autonomy.
Ar ticle 13.-Functions.- These are the functions of the National Committee on Internal Limits:
(a) Submit the reasoned technical reports to the President of the Republic territorial delimitation that will serve as the basis for the resolution to be issued by the latter, in accordance with this law;
b) Sustaining the procedures that, in accordance with this law, must be resolved by the President of the Republic;
c) Possession, within the scope of its powers, to the designated mediators or arbitrators by the conflicting parties of limits, provided that they do not have to be postponed by the legislative body of the level of government superior immediate conflict constituencies;
d) Coordinate, advise, and support technical manner in all processes requiring internal territorial delimitation;
e) Issue the technical feasibility report, as a prerequisite for the creation of new territorial constituencies or modification of existing limits;
f) Advising decentralized autonomous governments on territorial delimitation in a technical manner;
g) Transfer geospatial data to the National Information System, for its respective encoding;
h) Keep Division information up to date Administrative Policy;
i) Update the layout of territorial boundaries in the
mapping at the time of its edition;
j) Acquitting consultations with the authorities and the general population in matters of territorial boundaries internal; and,
k) The others provided for in the law and in the regulation.
Article 14.-Bodies of the National Committee on Internal Limits.- These are the organs of the National Committee on Internal Limits:
a) The Directory; and, b) The Technical Secretariat.
Articu 15.-Directory.- It is the maximum organ and Decision of the National Committee on Internal Limits. It will be formed as follows:
a) A Minister delegated by the President of the Republic, who will preside over the Directory with a vote of the right;
b) The holder or a delegate of the national organ of
planning; and, c) A delegated by the autonomous governments
decentralized that will be designated by these, from outside its bosom and that it will not be able to be an authority in functions.
The Directory will have the advice of technicians of the Military Geographic Institute that have a voice but have no vote in their decisions. Articu 16.-Directory functions.- These are the functions of the Board of Directors of the National Committee of Internal Limits:
a) Approve by a majority of its members the technical and legal reports reasoned, prepared by the Technical Secretariat in conflicts of territorial indefinition whose resolution, in accordance with this law, are of competence of the President of the Republic;
b) Emitir policies that permit the fulfillment of the
institutional functions, unconcentrated and efficient;
c) Designate the Technical Secretary of the National Committee
of Internal Limits; and, d) The others provided for in the Constitution, the law and in
the regulation. Articu lo 17.-Technical Secretariat.- The Technical Secretariat of the National Committee of Internal Limits is the technical advisory and coordination body for internal limits setting processes. It shall be headed by the Technical Secretary appointed by the Board of Directors of the National Committee of Internal Limits. Their duties will be provided for in the respective Regulation. The Technical Secretariat of the National Committee of Internal Limits and the decentralized Autonomous Governments must have the assistance of specialists and connoisseurs of the territories and populations in conflict, who contribute to the setting of limits. between the territorial constituencies.
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TITLE IV
Conflict Solution
Chapter First
Of Limits Conflicts Internal Territorial
Article 18.-Conflicts.- There is a conflict of internal boundaries between territorial constituencies, in the following cases:
a) When there is technical and/or legal indefinition of borders;
b) When there is a lack of precision on the lines;
c) When two or more rules or legal acts set boundaries but with an overlap of areas, without it being possible to establish the prevalence of one or another standard;
d) When the legal rule of creation or delimitation of territorial constituencies, generates the controversy;
e) When the geographic reality has been modified in such a way that the delimitation that was in effect becomes inapplicable; and,
f) When in the absence of legally established limits, the maintained a referential trace and this circumstance generates controversy.
Chapter Second
Internal Territorial Limits Conflict Solution Procedures
First Section
General rules
Article 19.- Procedures for Conflict Solution.- Two forms of conflict resolution are recognized in internal boundary setting, friendly procedures, and institutional.
Article 20.-Rules common to all procedures.- The procedures for settling disputes in relation to the fixing of internal limits shall be guided by the following common rules:
(a) In the event that the governments of two or more territorial constituencies initiate a process of amicable settlement on internal borders, they may require the Committee to Internal limits the respective report of technical, legal and social diagnosis of boundaries of their territorial constituencies or of that of which they are part. In other cases the diagnostic report will serve as an enabling document to start the respective procedure.
If partial agreements are reached between the parties through any friendly procedure, they will be
b) the diagnostic report shall contain cartography, technical, legal, technical, scientific, technical, scientific, technical, scientific, technical, scientific, technical, scientific, technical, scientific, technical, scientific, technical, historical, social and other, which are specified in the regulation to this law, with which it is can evidence the existing boundary conflict.
c) In those cases where the dispute settlement will arrive through a friendly solution, it must be referred to the Internal Limits Committee that will proceed with the report.
procedures for the resolution of conflicts of internal territorial limits provided for in this law are alternative to territorial constituencies, and may start in the unilateral or mutually agreed form which they consider appropriate. An institutional procedure cannot be initiated when another institutional procedure for the solution of internal territorial boundary conflicts is pending.
e) The procedures for solution of boundary conflicts Internal territorial provisions provided for in this law must follow the general procedural guidelines established.
In the regulations issued by the President of the Republic or, if applicable, in the respective ordinance, others shall be regulated. procedural aspects of the institutional procedures provided for in this law, such as procedural requirements, procedural steps, legitimisation and time limits.
For friendly procedures, as well as for arbitration, it will be the parties themselves that will establish mutual agreement on the procedural aspects
) Any reasoned resolution that puts an end to a conflict of internal territorial limits, will necessarily be incorporated in the bill that the President of the Republic will send to the National Assembly, for your treatment and approval;
g) In those cases where the territorial indefinition to be seen on rural parishes, the solution that will be achieved will be binding for the respective autonomous cantonal government in the issue of the corresponding ordinance; and,
h) If a conflict of internal limits affect communities, communes, indigenous peoples and nationalities, Afro-Ecuadorian or mon-tubias populations, will be applied as a matter of priority, the right of them to intervene in the participatory instances of the solution procedures startin.
Second Section
Of The Procedures Friendlies
Article 21.-Object.- The friendly procedures are intended to promote the joint construction of agreements between the governments of the territorial constituencies in conflict of internal boundaries. They are recognised as friendly procedures for direct negotiation and mediation.
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Articu 22.-Direct Negotiation.- Direct negotiation is intended to establish direct and participatory dealings or interactions between the the executive authorities of the decentralized autonomous governments involved and their citizens, who are aimed at achieving a mutually satisfactory agreement for the parties to the conflict which, once reached, must be sent to the President of the Republic, who will have to incorporate it into the relevant draft law.
Articu lo 23.-Territorial Mediation.- Without prejudice to decentralized autonomous governments at any time to fix and resolve their conflicts of territorial indefinition through direct negotiation, if They consider that they are relevant to a territorial mediation procedure, for which:
(a) The conflicting autonomous governments, by common agreement, shall appoint a mediator and determine the procedure by which they are develop the territorial mediation process. The agreement thus reached shall be forwarded to the legislative body of the level of immediate government or to the National Committee on Internal Limits as appropriate, in order for them to proceed to the possession of the mediator and to have knowledge of the procedure of
b) Once it has been sworn in, the mediator will open and form the relevant file, urging the parties to settle the dialogue with the authorities within thirty (30) days. territorial constituencies in conflict and representatives of the citizenry involved. The dialogue tables will include technical support units from the National Committee of Internal Limits and the Military Geographic Institute. The tables will be aimed at the participative construction of agreements in the definitive and mandatory setting of limits.
c) Once the dialogue tables have been established, within the period of mutual agreement the parties have established, build a detailed and precise border fixing agreement by subscribing to the relevant record which will be binding on the parties. In all cases, the autonomous governments in conflict shall forward the agreement reached to the President of the Republic or, where appropriate, to the Cantonal Council, for the issuance of the draft law or ordinance as appropriate. These projects will make the terms of the agreement mandatory.
Third Section
Of Institutional Procedures
Article 24.-Object of Procedure.- In the matter of fixing internal limits are recognized as institutional procedures to arbitration, institutional resolution and popular consultation.
Through institutional resolution and arbitration, the Council, the Council or the President of the Republic, in the scope of its powers, or the respective arbitral tribunal, after the analysis of the In fact and
the right of the territorial constituencies in conflict of internal limits, as well as the corresponding technical reports and the evidence provided in a timely manner, shall issue an opinion or award that ends that conflict. Articu 25.-Territorial Arbitration.- The executive authorities of the decentralized autonomous governments of the territorial constituencies that have conflicts of limits, at any time, upon a favorable decision of their (a) a convention to be concluded for the purpose of submitting its dispute to an arbitration decision. The governments of the conflicting territories shall establish by common agreement in the convention the arbitration procedure. The territorial arbitration will be independent, that is, carried out according to what the parties agree. The arbitral tribunal shall issue its award in equity or in law, attentive to the will of the parties expressed in the arbitration agreement. The parties shall appoint by mutual agreement to the arbitral tribunal, which may not be made up of elected officials of the People's Party. The procedure thus agreed shall be forwarded to the legislative body of the senior level of government or to the National Committee on Internal Limits as appropriate, in order for them to be in possession of the arbitral tribunal and to have knowledge of the agreed arbitration procedure. The arbitral award shall be notified to the parties and referred to the President of the Republic to be required to incorporate it in the draft law to be drawn up. In the case of rural parishes, this award will be sent to the autonomous cantonal government that corresponds to the fact that it is binding in the respective ordinance. Article 26.-Institutional Resolution.- Any territorial division that maintains a conflict of internal boundaries with another or other neighboring constituencies may well raise its claim to the council or council of the level of immediate decentralized government or before the President of the Republic, depending on the territorial scope of the conflict of limits, requesting that the respective file be opened and the summons to the government of the the territorial constituencies involved so that within the time limit which Please answer and explain your arguments, together for the purpose of the documentation you consider relevant. Once all the evidence has been evacuated, the relevant council or council shall declare that stage completed and, within the appropriate time limit as provided for in the respective ordinance, issue the opinion in which (i) the indefinition is identified. Boundary and (ii ) be set in a motivated, technical and definitive manner the boundaries between the conflicting constituencies. In cases where the President of the Republic is responsible, the National Committee of Internal Limits shall declare the probative stage to be completed and draw up the reasoned technical report of territorial delimitation that
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will be incorporated into the decision that the President of the Republic must issue and in the bill that he must draft. The limits established by the respective council or council will be the mandatory basis of the bill which, in all cases of limits, must be drawn up by the President of the Republic, except in those of rural parishes. Ar article 27.-Popular Consultation.- The executive authorities of the conflict constituencies, by mutual agreement, may request the President of the Republic to convene a popular consultation, submitting to it the same or possible solutions to their conflicts. In the absence of agreement of the parties to the conflict, the executive authority of the immediate superior level, of considering this route, will ask the President of the Republic to call it, without prejudice to the power conferred on the Constitution by the Constitution. this authority. Where the consultation is agreed by the parties to the dispute, these shall be the ones to set out the terms in which it is to be raised. In the popular consultation, the citizens of the place in conflict in the respective territorial constituencies will be consulted. For this purpose, the National Committee of Internal Limits will establish and identify the territorial area in conflict, and the National Electoral Council will lift the electoral census that will make it possible to determine clearly and precisely the list of population to be consulted. There will be no popular consultation on boundary conflicts that have already been resolved through any of the friendly or institutional procedures provided for in this Law. In the event of conflicts of membership, without prejudice to the procedures established in this Law, the President of the Republic, after a report of the National Committee of Internal Limits, may convene a popular consultation, in accordance with the Constitution and law.
GENERAL PROVISIONS FIRST. - Each of the populations of the territorial constituencies that through direct negotiation, territorial mediation or any other means of friendly solution reach agreements of territorial definition that do not affect territories of third constituencies, will receive from the National Government the total financing of a work or project of priority interest for the areas of the conflict, provided that it has an impact on the territorial development and the attention of basic unmet needs. SECOND.- The mediation and territorial arbitration, as a means of settling disputes, will be governed exclusively by the provisions of this law and the agreement between the parties to the conflict. The Law of Arbitration and Mediation may be applied in an extra way as long as it does not contravene the provisions of this Law.
THIRD.- For the creation of rural parishes, the technical verification of the issue must be answered. by the National Committee of Internal Limits on the limits of the new district; as well as with the technical verification of the National Institute of Statistics and Census, on the fulfillment of the population requirement. FOURTH. - No public entity shall perform activities inherent in its functions without referring to the official mapping issued in accordance with the law of the matter.
TRANSITIONAL PROVISIONS FIRST. - agreements reached before the promulgation of this Law will be respected and maintained, between constituencies that maintain territorial indefinitions, provided that there is a written record of such agreements and does not affect the territory of third constituencies. These agreements will be presented to the President of the Republic for the elaboration of the respective bill in the terms set out in the agreement. If the previous agreements are about subjecting existing conflicts to popular consultation, they will proceed in accordance with the provisions of the Constitution of the Republic. SECOND.- The agreements reached by the decentralized autonomous governments of territorial constituencies in the field of internal boundaries must be respected and recognized by the authorities of the various levels of government. THIRD.- Public sector entities and institutions will refrain from issuing and publishing cartographic material in which boundaries are defined in territories that are publicly and notorious, maintaining unresolved conflicts. Public entities to which it is appropriate to issue official cartography, will point out in it as "areas in study" those territorial constituencies that maintain border conflicts until they are resolved. FOURTH. - Within a period not greater than thirty (30) days from the publication of this Law in the Official Register, the National Committee of Internal Limits will replace the current Special Committee on Limits Internal of the Republic, CELIR, in the terms provided for in this Law and in the regulation that in a period not greater than ninety (90) days is dictated. The human talent and the material and physical resources of the CELIR, will become part of the National Committee of Internal Limits, after evaluation and selection, in accordance with the institutional requirements and as established in the Law Organic Public Service, in accordance with due process. QUINTA- The constant rights and obligations in agreements, contracts, or other legal, national or international instruments concluded by the Special Commission on Internal Limits, shall be assumed by the National Committee of Internal Limits.
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SIXTH.- The powers that in matters of resolution of territorial indefinitions give this Law to decentralized autonomous governments Regional, as long as the regions are not formed, will be held by the Presidency of the Republic.
SEPTIM A.- The representative of the autonomous governments decentralized in the Directory of the National Committee of Internal Limits, will be In the case of the European Commission, the European Commission has proposed a decentralised self-employed. To this end, each of the associative entities will nominate a single person, from outside its bosom.
EIGHTH. - In areas where there is a territorial definition, the authorities of the decentralised autonomous governments will be able to meet the basic unmet needs in the framework of their competences. The provision of goods and services and the execution of works do not imply the creation of territorial rights.
Authorities of decentralised autonomous governments providing goods and services or carrying out works in the area of territorial indefinition must communicate in writing to that authority with whom the territorial conflict is maintained. When there are catastrophic and/or emerging situations, they will have to coordinate actions to respond effectively to the corresponding institutions.
NINTH.- The Autonomous Decentralized Governments, within the maximum period of two years counted from the validity of this law, they will resolve the existing boundary conflicts in their respective territorial jurisdictions in accordance with any of the procedures laid down in this law.
Failure to comply with this provision will be a cause for revocation of the mandate of the respective Mayor or Prefect.
In this case, the National Committee of Internal Limits, after qualification, will send to the National Electoral Council the conflicts of belonging that will have to be submitted to the popular consultation, which will have to be convened (a) to be carried out with the respective geodetic limitation, on the basis of which the corresponding register must be drawn up.
In the case of conflicts in order to obtain the delimitation of any territorial division in the area of conflict there is resident population, the National Commission of Internal Limits will set the limits territorial.
DECIMAL Within a period not greater than three years from the publication of this law in the Official Register, the National Committee of Internal Limits shall submit a report to the National Assembly on the activities developed by the institution, in which it will include an evaluation of the results obtained in determining the limits of the Ecuadorian territory in application of this Law.
TENTH FIRST. - The National Committee of Internal Limits and the National Institute of Statistics and Censuses, in the field of their competencies and within 180 days counted from the time of this law, will verify compliance with the requirements of delimitation physical and population established in the Organic Code of Territorial Ordering, Autonomy and Decentralization, of the territorial constituencies created from the validity of the said normative body, published on October 19, 2010 the Official Register No. 303.
The failure to observe the aforementioned requirements will result in the absolute nullity of the act of creation of the respective territorial division, without prejudice to the criminal and civil responsibilities of the authorities. In those parish creation processes that have not been concluded, the same will be suspended until the requirements are verified.
REPEAL PROVISION Supreme Decree No. 1189 of February 28, 1977, published in the Official Register No. 291 of 9 March of the same year as created by the Special Commission of Internal Limits of the Republic (CELIR), as well as the Rules of Procedure of the Special Commission on Internal Limits, published in the Official Register Nro. 539 of 6 March 1978.
FINAL DISPOSITION This law shall enter into force from the date of its publication in the Official Register.
Given and subscribed to at the headquarters of the National Assembly, located in the Metropolitan District of Quito, Province of Pichincha, five days of the month of April of two thousand thirteen. f) FERNANDO CORDERO CAVE President DRA. LIBYA RIVAS O. General Secretariat. CERTIFIED , which the National Assembly discussed and approved the LAW FOR THE ESTABLISHMENT OF INTERNAL TERRITORIAL LIMITS, in the first debate on February 2, 2012, in the second debate on June 7, 2012, June 19, 2012, and February 26, 2012. 2013 and gave a statement on the partial objection of the President of the Republic on 5 April 2013. Quito, April 5, 2013 f.) DRA. LIBYA RIVAS O. General Secretariat.
10 -- Supplement -- Official Record No. 934 -- Tuesday, April 16, 2013
GOVERNMENT MUNICIPAL COUNCIL
CANTON MUNICIPAL DECENTRALIZED
CUYABENO
Considering: That the Constitution of the Republic of Ecuador in its article 238 and the Organic Code of Autonomy Territorial Organization and Decentralization in its Articles 1 and 5 enshrine the autonomy of decentralized autonomous governments; Article 57 (b) of the Organic Code of the Autonomous Territorial Organisation and Decentralization concordance with article 492 ibidem establishes the faculty of municipal councils to regulate, by ordinance, the application of taxes provided for in the law in their favor; that article 172 of the Organic Code of Organization Territorial Autonomy and Decentralization in accordance with Article 300 of the Constitution of the Republic of Ecuador states that the tax application will be guided by the principles of generality, progressiveness, efficiency, simplicity administrative, non-retroactivity, transparency and adequate collection; Articles 552 to 555 of the Organic Code of Autonomous Territorial Organization and Decentralization is established the 1.5 per thousand tax on total assets. That the autonomous decentralized governments are called to strengthen their fiscal capacity; in order to have greater economic resources for the execution of works and the provision of public services that promote the integral development of the canton; In use of its privileges and powers,
Exasks:
THE ORDINANZ TO REGULATE THE DETERMINATION, CONTROL AND COLLECTION OF THE 1.5 PER THOUSAND TAX ON TOTAL ASSETS IN THE CANTON CUYABENO.
CHAPTER I
TAXABLE FACT AND SUBJECT OF TAX
Art. 1.-OPERATIVE EVENT.- The operative event of the tax is the permanent exercise of economic activity in the canton, from which the obligation to carry accounting according to the Organic Law of Tax Regime and its regulation is derived. Art. 2.-ACTIVE SUBSTANCE. - The active subject of this tax is the Municipality of the Cuyaben Canton. The determination, administration, control and collection of this tax will be done through the Municipal Financial Directorate.
Art. 3.-TAXABLE PERSON.- They are taxable persons of the 1.5 per thousand tax on total assets, natural persons, legal entities, national or foreign companies, domiciled or established in the canton Cuyabeno, which exercise permanent economic activities and that they are obliged to keep accounts, in accordance with the provisions of the Organic Law of Internal Tax Regime and its Rules of Procedure. Art. 4.-PERMANENT ESTABLISHMENT OF FOREIGN COMPANIES.- For the definition of permanent establishment of foreign companies, the provisions of the Regulations for the Application of the Organic Law of Tax Regime will apply.
CHAPTER II
ITEMS FOR TAX SETTLEMENT
Art. 5.-TAX YEAR. - The tax year is annual and includes the period of time of the 1st. from January to 31 December. Art. 6.-EXEMPTIONS.- They are exempt from this tax only: a) Central government, provincial and regional councils,
municipalities, metropolitan districts, parish boards, public law entities and private law entities for social or public purposes, when their goods or revenues are intended exclusively for those purposes and only on the part that is directly invested in them;
b) Private institutions or associations, of
beneficence or education, the corporations and non-profit foundations legally constituted, when their assets or revenues are exclusively for the aforementioned purposes in the part that is directly invested in them;
c) Multinational and mixed economy companies,
in the part corresponding to the public sector contributions of the respective States. In the case of mixed-economy enterprises, the share percentage will determine the parts of the total asset subject to the tax;
d) Natural persons who are sheltered
exclusively in the Artisan Development Act and count with the inter-ministerial agreement that deals with the third-party article of the Artisanal Development Act;
e) Natural or legal persons engaged in the
agricultural activity, exclusively in respect of total assets directly related to agricultural activity; and,
f) The savings cooperatives and credit. For the tax on the total assets, the exonerations provided for in special laws are not recognized, even if they are considered to promote various productive activities.
