Legislative Assembly - Republic of EL SALVADOR index legislative 1 Decree No. 667, the Legislative Assembly of the Republic of EL SALVADOR: I.-that in accordance with the provisions of the article 115 of the Constitution of the Republic, the State should promote the protection and development of the Micro and small enterprise.
II.-that the Constitution of the Republic in its title V, among other things, lays down, that the economic order should respond essentially at the beginning of social justice, that they tend to make all the inhabitants of the country an existence worthy of human beings; so the State will promote economic and social development through the increase in production, productivity and the rational use of resources. Same purpose, encourage and protect private initiative within the conditions necessary to increase national wealth and ensure the benefits of this to the greatest number of inhabitants of the country.
III.-that the activities carried out by Micro and small enterprises contribute greatly to the sustainability and growth of the national economy within the framework of a private initiative, to be one of the main generators of jobs because of their potential to contribute to the sustainable development of the country and to the generation of decent employment in level playing field between men and women being a significant factor in the increase in production; a means of realization of the human person; a source of stability, security and education sectors in greater conditions of vulnerability and a means to promote social cohesion in urban and rural communities.
IV.-referred to in article 24 of the Act of equality, equity and eradication of discrimination against women, which the State shall inter alia, promote the economic participation of women under conditions of equality and non-discrimination, creating programs and projects that promote the economic empowerment of women; It must also develop strategies to reduce gaps of inequality between women and men in terms of access, use and decision-making on productive resources and access to employment.
V it is priority for the State, to promote sustainable development of Micro and small enterprises with regard to their skills for job creation, regional development, the integration between economic sectors, the productive use of small capitals and the entrepreneurial skills of Salvadoran men and women.
VI.-that it is important that the State will give the necessary support to such units Legislative Assembly - Republic of EL SALVADOR index legislative 2 economic, to strengthen them, facilitating their formalization and maintenance, which should be provided them agile and simple procedures for its Constitution, development, settlement and closing.
THEREFORE in use of his constitutional powers and at the initiative of the President of the Republic, by the Minister of economy, that the deputies gave their support and members of members of the Commission Eduardo Enrique Barrientos Zepeda, Blanca Noemi Coto Estrada, José Francisco Merino López, Edwin Victor Alejandro Zamora David, Roberto Jose d = Aubuisson Munguía, Francisco Roberto Lorenzana Duran , Rodolfo Antonio Martínez, César Humberto Garcia Aguilera, Francisco José Zablah Safie, Douglas Leonardo Mejia Aviles, Abner Ivan Torres Ventura, martyr Arnoldo Marin, Jose Alvaro Cornejo Mena, Jesús Montejo Walter and Bertha Mercedes Aviles of Rodríguez, DECREED the following: law of promotion, protection and development for the MICRO and small enterprise title I provisions General Chapter one object, nature, purpose, scope of APLICACION and classification object and nature Art.1-the present law aims to encourage the creation , protection, development and strengthening of Micro and small enterprises, hereinafter also referred to as MSE, and contribute to strengthening the competitiveness of existing ones, to improve their generating capacity, jobs and value-added production; promoting greater access of women to business development in conditions of equity, and constitutes the framework for the integration of the same into the formal economy of the country, through the creation of a favorable, equitable, inclusive, sustainable and competitive environment for the functioning and growth of this business sector. Purpose article 2.-this Act is intended to stimulate the Micro and small enterprises in the development of their competitive capacities for participation in national and international markets, its partnership and productive linkages; (facilitating openness, development, sustainability, closure and liquidation through: to) lay the Foundation for the planning and implementation of activities aimed at the joint of Micro and small enterprises with the territorial development;
b) establish a system of inter-institutional coordination as an instrument of support for the policies of promotion and development of Micro and small enterprise, which harmonize the management that the various entities, public and private;
Legislative Assembly - Republic of EL SALVADOR index legislative 3 c) promote the creation of a corporate culture of innovation, quality and productivity that contributes to the progress in the processes of production, marketing, distribution and service customer of the Micro and small enterprises;
(d) promote the facilitation and simplification of administrative procedures in administrative procedures with State entities;
(e) promote the existence and institutionalization of programmes, instruments and services business of strengthening and development of Micro and small enterprises, with emphasis on those aimed at improving the situation and the needs of women entrepreneurs and businesswomen;
f) expand effectively policies of promotion and development of Micro and small enterprises, promoting greater coordination between public and private;
(g) to promote access to financial resources for Micro and small enterprises and services, the increase in production, the Constitution of new companies and the consolidation of existing ones.
Classification article 3.-the Micro and small companies will be classified in the following way: to) microenterprise: natural or legal person who operates in various sectors of the economy, through one economic unit with a level of annual gross sales to 482 monthly minimum wages of greater amount and up to 10 workers;
b) small business: natural or legal person who operates in various sectors of the economy, through one economic unit with a level of annual gross sales greater than 482 and up to 4,817 monthly minimum wages of greater amount and a maximum of 50 employees.
When a natural or legal person does not meet the conditions previously laid down, their ranking is determined by its annual gross sales.
Public and private entities must standardize previously defined characteristics and criteria of measurement, in order to build a homogeneous database that allows to give consistency to the design and implementation of public policies for the promotion and formalization of the sector. Permanence of the condition of MSE article 4.-for the permanence of the MSE status, in the context of this law will be considered the following: Micro companies exceeding the conditions to the legislature - Republic of EL SALVADOR index legislative 4 which referred to article 3, for a period of two consecutive years will pass to the corresponding classification.
Small businesses that exceed or diminish the conditions referred to in article 3, for a period of two consecutive years shall pass to the corresponding classification. Title II framework institutional chapter I of the policies and the guidelines support new entrepreneurship article 5.-the Government Central and municipalities foster the support for start-ups and existing MSES, encouraging private investment, promoting a range of business services and financial services in terms of gender equality, intended to enhance the levels of organization , administration, production, joint production and commercial. Guidelines article 6.-the action of the State and of the municipalities in the area of promotion of MSES, will move in accordance to the following strategic guidelines: to) promote and develop programmes and instruments that encourage the creation, the development and the competitiveness of MSES in the short, medium and long term, and that promote economic, financial, social and environmental sustainability of stakeholders;
b) promote and facilitate the consolidation of business and productive tissue through the articulation between sectors, municipal, departmental level, national and international relations between production units of different sizes, encouraging the associativity of MSES and integration in production, distributive chains and lines of activity, with distinct advantages for the generation of employment and development socio-economic;
(c) promote the enterprising and creative spirit of the population, supporting the creation of
new companies; promoting the initiative and private investment and free competition, and intervening in those activities in which it is necessary to complement the actions conducted in the private sector in support of the MSES;
(d) facilitate the effective participation of MSES in purchases of public administration;
(e) to achieve efficiency in action and inter-agency coordination through the specialization by economic activity;
Legislative Assembly - Republic of EL SALVADOR index legislative 5 f) promote and actively promote in conditions of equity, women entrepreneurs and women entrepreneurs access to opportunities offered by the programs of promotion, formalization and business development, promoting their access to productive resources, training, technical assistance and funding to start or strengthen their businesses;
(g) to ensure that the design of instruments for the promotion and development provides for compliance with regulations and international commitments entered into by the State and ratified by the Legislative Assembly.
Chapter II institutional organ Rector article 7.-the Ministry of economy shall be the governing body for the execution of the content of this law, which in coordination with the National Commission for Micro and small businesses (CONAMYPE), design and define national policies for the promotion and development of the competitiveness of MSES; as well as sectoral policies that include the gender approach and for the sustainable development of these programs. Powers of the organ Rector article 8.-the Ministry of economy, for the purposes of this law, shall have the following functions: to) implement a national system for the development of Micro and small enterprises, as well as promote your organization, integration, and functionality;
b) propose to the Ministry of education, in coordination with CONAMYPE and institutions of higher education, the adequacy of the education programmes, in accordance with the needs of business development of MSES;
(c) to promote the creation of industrial and technology parks; centers of quality, innovation, research, development, production and technology; as well as programs of creation of companies that allow the development of MSES;
(d) promoting the growth, diversification and consolidation of export, implementing strategies of market and products developed by MSES;
(e) encourage the participation of women in the MSE sector to strengthen their enterprises and companies, make their contribution to the national economy and promote their access to decision-making in the spaces of representation;
f) promote mechanisms of flexibilisation and simplification of procedures that facilitate the creation, merger, transformation, closure and liquidation of MSES;
Legislative Assembly - Republic of EL SALVADOR index legislative 6 g) analyze the economic, political and social environment with focus on gender, its impact on MSES and the capacity to boost its competitiveness in the markets for goods and services;
(h) support the revitalization of local economies and the construction of productive fabrics, from awarded business services to MSES; (i) promote the diversification of the offer of financial and non financial services, decentralized and relevant to the needs and potentials of the MSE Sector, as well as access thereto;
(j) adoption coordinating different programmes and conventions for the promotion, training and technology transfer for MSES, carried out within the framework of development plans and policies of Government.
Executor article 9.-the National Commission of the Micro and small enterprise, CONAMYPE, organ shall be the organ executing national policy of promotion, development and competitiveness of the MSE, which will have purpose promoting the development of Micro and small enterprises within the framework of the strategies for the inclusive, equitable and sustained development of the country, contributing in this way to the development of the productive base to locally and nationally through the implementation of policies national promotion and development of the competitiveness of MSES. Functions of the organ executor article 10.-to execute and implement national policies for development, development and competitiveness of the MSE, CONAMYPE shall have the following functions: to) propose to the governing body the national policy for the sector, which must have strategies, programmes, projects and actions, leading to the development and integration of Micro and small enterprises within the strategy of development of the country;
(b) to coordinate with public and private, both national and international actions aimed at the implementation of the national policy aimed at the creation and development of micro and small enterprises, especially through the offer of services of technical and financial assistance;
(c) to coordinate and harmonize the General, transversal, sectoral and regional policies of promotion and support to MSES;
(d) maintain an up-to-date knowledge of the environment of MSES, through permanent research, enabling in coordination with the governing body, the design of policies and actions for the adequate development of the sector, as well as evaluate and measure its impact;
Legislative Assembly - Republic of EL SALVADOR index legislative 7 e) promote and maintain effective communication with the national and international, private and public institutions that facilitate financial and non-financial sector, services to promote diversification and MSES access to such services and to the financial resources, in terms of equity;
f) coordinate with the entities responsible for the management and negotiation, technical and economic resources to support MSES and national and international organizations;
(g) carry an up-to-date register of trade union organizations, nongovernmental organizations and of national support programmes directly related to the sector of MSES, which will serve as a basis for making calls to candidates or candidates submitted to the National Committee;
(h) coordinating the national system for the development of Micro and small enterprise, promoting the Organization, partnership, integration and functionality, facilitating the progressive incorporation of the gender perspective;
(i) define, formulate, promote, implement, and coordinate programs and instruments of promotion of entrepreneurship and enterprise creation, that is conducive to the economic autonomy of women;
j) providing information from the administrative records of MSES in CONAMYPE, contributing to the mounting of a standardized system of official statistics;
(k) participate in mechanisms that promote flexibility and simplification for the creation, merger, transformation, closure and liquidation of MSES and their dissemination;
(l) promote the formation of a business and entrepreneurial culture, as well as a culture with approach to corporate social responsibility and sustainable environmental management;
(m) promote national or local encounters's MSES;
n) contribute to the definition and implementation of programmes for the promotion and development of the MSES, emphatically referred to access to the markets of goods and services, training of human capital, modernization, technological development and innovation, under terms and conditions flexible access, according to the requirements of the sectors;
(o) encourage the articulation of the MSE, with medium-sized and large enterprises, for the supply of goods and services, facilitating thereby strengthening and development of productive economic structure;
p) develop tools that generate a system of information and consultation, planning of programmes of the productive sectors and supply chains, Legislative Assembly - Republic of EL SALVADOR index legislative 8 strengthening the bargaining power of MSES;
(q) to coordinate with the governing body or whom it may concern, the follow-up actions of conventions and international treaties ratified, concerning the MSE sector;
r) promote the integration of co-operative associations in instances of consultation, at the national, departmental and municipal level;
(s) promote the horizontal trade between MSES, with the aim of stimulating the generation of employment and income and the economy of scale;
t) promote access to public procurement, through providing information about mechanisms and opportunities; as well as generating capacities in MSES so that they can provide to the State, and to create spaces for encounter between MSES and institutions
(u) represent in coordination with the governing body, the State, in all those national or international organizations, as well as participate in all activities of national and international that are discussed or agreed aspects of MSES, without prejudice to the participation of other public and private partners;
(v) evaluate the legislation and propose projects of laws or legal reforms to the governing body, to conform with the promotion, development and development of MSES, as applicable;
w) subscribing agreements with different centers and public and private institutions, to develop programs whose nature allow to support the development and consolidation of MSES;
(x) other attributions established laws.
Chapter III of the system national for the development of the MSE system national article 11. creating the national system for the development of MSES as a mechanism for inter-agency coordination, which understand and implement the set of actions that made the public sector and the private sector, in coincidence with the objectives of this law, for the development of MSES.
The system will be made by a Committee of national, departmental, Municipal and Sectorial. Object system article 12.-the system aims at the execution of policies, plans, programmes, instruments and Legislative Assembly - Republic of EL SALVADOR index legislative 9 services national, departmental, municipal and sectoral, for the promotion and development of micro and small enterprise level, looking for their competitiveness, partnership and productive chain, as well as access to national and international markets. National Committee article 13.-create the National Committee of the MSE, hereinafter Ael Committee @, as an instance of consultation between the Ministry of economy, through CONAMYPE and business guilds linked to Micro and small business, municipal government, productive and business sectors MSES and associative groups organized in sectors or trade unions, universities and institutes of higher education and private promotion of MSES bodies whose members will do so pro bono. Functions of the Committee national of the MYPE Art. 14.-contribute to the coordination and harmonization of policies and sectoral actions in support of the MSE, at the national, departmental and municipal level.
The implementation of policies, plans, programs, and develop the necessary coordination to achieve the objectives proposed both at the level of central, departmental, and municipal government.
The operation of this instance, as well as the committees departmental, municipal and sectoral, will be regulated by the rules of this law. President of the National Committee article 15.-the Presidency of the Committee will be to cargo of the Chairman or President of CONAMYPE, who will convene public and private institutions that are deemed necessary to promote the development of MSES. Departmental committees and municipal article 16.-create departmental and municipal committees of MSES, as instances of consultation between municipal governments, industries, micro and small entrepreneurs and entrepreneurs organized as sectors or trade unions, universities and institutes of higher education and associative groups and agencies deprived of promotion of MSES. Functions of the departmental Committee and municipal Art. 17.-approve departmental and municipal plans for the promotion and formalization for the competitiveness and development of MSES, embodying the sectoral priorities of the departments and municipalities, stating goals and objectives consistent with the projection of development of their territories.
Contribute to the coordination and harmonization of policies and sectoral actions in support to MSES, at departmental and municipal levels.
Monitor the implementation of policies, plans and programmes for the promotion of MSES, Legislative Assembly - Republic of EL SALVADOR index legislative 10 its territorial scope.
Other functions assigned by this Act and its regulations. Sectoral committees article 18.-believe the sectoral committees, as an instance of inquiry where different MSES are associated according to the productive activity to develop.
These committees will have the purpose of promoting and supporting the design of policies in line with the characteristics and needs of each one of the sectors that represent and contribute to national policy for the development of MSES. Article 19.-the call announcements and coordination of departmental, municipal and sectoral committees CONAMYPE, at least two will be twice a year or when it thus considers it necessary, in accordance with the provisions of this law and its regulations. Title III the INCLUSION economic of the MYPE chapter I registration, benefits and ease of PAPERWORK the registration of the MYPE Art. 20.-Las persons interested in obtaining the qualification of Micro-Enterprise, pequena company or undertakings of economic initiatives that in the text of this law shall be known as MSE, must enroll in CONAMYPE, through an electronic form that will be placed at the disposal of the applicant , or by physical form, which will be provided at the offices of the institution.
This registry aims to have a wide database, which allows identify and categorize MSES, according to concepts, parameters and criteria established in this law. This in order to provide adequate assistance to MSES. Simplification of administrative procedures article 21.-each of the governmental institutions that relate to Micro and small business, Individual, or associative carry out the simplification of the administrative procedures to be performed in front of them. To this end, shall draw up annually their respective plans for the simplification of procedures, based on the following guidelines: to) remove those unnecessary procedures which increase the operational costs and make less efficient public administration;
Legislative Assembly - Republic of EL SALVADOR legislative index 11 b) simplify and improve the procedures, reducing the requirements and requirements to women entrepreneurs and businessmen, establishing homogeneous instruments that facilitate their registration and control, leaving only the indispensable to comply with the same purpose;
(c) make maximum use of the technological elements, incorporating automated controls that minimize the need for additional monitoring and control structures;
(d) revision of the instruments used, in order to eliminate the barriers in formal and informal that limit or hinder the access of enterprises and in particular of women entrepreneurs and entrepreneurs, to the development of MSES services;
(e) use the computer platform for virtual realization of procedures of start, operation, and closure of business;
(f) plans shall contain proposals for reforms of laws and regulations, when they correspond. Verification of simplification of procedures article 22.-the Ministry of economy, through the national Office of investments, and with the participation of CONAMYPE, will issue a regulation that normalize and categorize information, which include time limits yfacilidades that will provide each of the institutions involved in this process. Creation of the window only article 23.-create the one-stop shop for the systematization and simplification of procedures related to MSES. Collaboration article 24 obligation.-all government agencies, autonomous institutions, municipalities and their owners shall be obliged to collaborate with CONAMYPE for the implementation of the purposes of this Act, and may delegate duties in accordance with the rules of procedure of the Executive Branch, respective laws and the Municipal Code where appropriate.
The regulation of this law shall the modality of procedures and means that such cooperation is given. Establishment of single Windows and exchange of information article 25.-CONAMYPE will establish in its central and regional offices, one-stop unique, physical or virtual, which shall be composed in accordance with the provisions of the preceding article, to facilitate the accomplishment of formalities to be carried out by MSES, and provide computer platforms that the Ministry of economy has enabled for this purpose.
Legislative Assembly - Republic of EL SALVADOR index legislative 12 in the realization of these procedures, can exchange data in physical and electronic form in order to facilitate the fulfilment of the functions of each body to. Means that the electronic transmission will be in accordance to the technical parameters or international standards agreed jointly between the bodies involved.
Copies or reproductions that derived from the reports, records, or logs, obtained through electronic media procedures performed in the one-stop shop, will have the value of public documents, provided that such reproductions are certified by the responsible officer; documents and other data transmitted electronically will have the same value and effectiveness evidence as if it had been obtained in manuscript form; in the event of a difference between the content of the documents registered or filed electronically and physical or original documents, shall govern the first.
Institutional staff, who, owing to his position, access to this information, you should keep strict confidentiality regarding the data provided by the institutions, agencies and people services users. Formalization support
Article 26.-CONAMYPE will support entrepreneurs and businesswomen owners of micro or small enterprises in fulfilling its formal obligations, through training, technical and legal support. Article 27.-the institutional assistance State institutions that require for their transactions, balances of natural persons, who are not obliged to dispose of them, in accordance with the commercial code must provide pro form, financial statements so that filled them with interested persons, and must provide advice for its implementation. MSE Art. 28.-the MSES, individual or associative accounting, take your financial information in accordance with the accounting principles, approved by the competent authority of the State which exercises supervision and the legal nature of the business concerned.
They will not be enforced international standards of financial reporting for Micro-Enterprise, but shall serve as reference for formulating the principles that apply to them, according to the financial circumstances, a its capacidadorganizativa and nature. This does not exclude to Micro-enterprise of the accounting obligations established in other laws.
Prior favourable opinion of the Ministry of economy and CONAMYPE, the Supervisory Board of the profession of the accounting public and auditing, shall determine the rules applicable to the agencies listed above, which will issue the General Accounting Plan, and whose provisions are binding for MSES, individual or associative.
Legislative Assembly - Republic of EL SALVADOR index legislative 13 compliance of the obligations legal article 29.-the Micro and small companies must comply with their legal obligations from the date of its execution. For that purpose, within the scope of their legal powers, government entities through CONAMYPE, will establish coordinated actions to facilitate business assistance that will improve the conditions of MSES, to comply with sus obligations. You buy Government article 30.-the institutions of the State will encourage and promote the participation of MSES, under equal conditions on purchases of the State, establishing participation mechanisms, in consultation with CONAMYPE.
CONAMYPE will monitor and publish, at least every three months, the fulfillment of the percentage of purchases that Government entities to MSES, website or other means that the institution establish, whereas compliance with the provisions of the law. Hiring and procurement of goods and services Government article 31-in hiring and procurement of goods and services, institutions of the State shall be those offered by MSES, giving priority to those of the place where is suing the good or service, providing for the adaptation of the technical specifications required and that they be offered in similar conditions of quality, timeliness and price.
Technical specifications of purchase, public institutions must define purchases to MSES, and these must be published in the electronic portal of www.Hi5.com, which must be easily accessible and comprension by MSES. Time of cancellation article 32.-the institutions of the State shall cancel the goods and services purchased by MSES, in a maximum time of 30 days from receiving them. Compensation for breach of cancellations article 33.-If you have spent the time limit referred to in the preceding article, without cancellation of the goods and services, has been Contracting State institutions must compensate delay compensation in favour of MSES, equivalent to the commercial legal interest on arrears. Role of consumers article 34.-the MSES who meet the requirements of this Act, should be considered consumers, for the purpose of the law of protection to the consumer, as regards the legal acts concluded with its suppliers.
Legislative Assembly - REPUBLICA DE EL SALVADOR index legislative 14 Lo anterior does not absolve them of their responsibility as providers in its relationship with the final consumer. Environment and resources natural article 35.-the Ministry of environment and natural resources shall establish requirements appropriate to its nature and conditions that must fill in the Micro and small enterprises, which facilitate their performance and development in equality of conditions to other companies, in accordance with the categorization of works or projects established in the article 22 of the law of the environment.
The Ministry of economy and CONAMYPE published in their electronic sites requirements and forms previously cited for this process. Regimes municipal rates article 36.-the municipalities may establish special regimes favorable rates and contributions for services, in order to stimulate the creation and development of MSES, and therefore favour local, and may for this purpose economic dynamics, establishing, among other measures, exclusions, exemptions, period of grace and lower than the regular fares. Simplifying tax article 37.-the Ministry of finance will establish a system for the fulfillment of tax obligations, as well as a special tax regime applicable to entities covered by this law.
The special tax regime referred to in the preceding paragraph, shall be issued in no later than 180 days after the entry into force of the present law. Chapter II of the programs and instruments general article 38.-CONAMYPE boost MSES, facilitating the access to and use of the instruments for the promotion and development, in order to create an environment conducive to their competitiveness. Programmes and instruments article 39.-constitute instruments of promotion and development for MSES, and programs the following: training, technical assistance, the innovation, the calidad and technological development, financing, venture capital, programs of guarantees, marketing, information, associativity, the productive chains, losinstrumentos for the formalisation, programmes and instruments to promote entrepreneurship and businesses led by women , programs Legislative Assembly - Republic of EL SALVADOR index legislative 15, promotion of exports, and municipal tax incentives and others developed for the benefit of the sector. Implementation of programmes article 40.-for the implementation of the programmes and instruments for the promotion and development of MSES, the State, through the governing body, provide and facilitate access to financial and technical resources, for which the executing entity will have administrative and financial autonomy in the use of them. Obtaining of resources article 41.-CONAMYPE, in coordination with the Ministry of Foreign Affairs and the technical secretariat of the Presidency of the Republic, will manage to national and international organizations, technical and financial resources to support programmes and instruments for the promotion and development of MSES, as well as receive and channel these resources in accordance with the conventions which have been agreed to do so. Training and technical assistance article 42.-CONAMYPE will provide training, technical and financial assistance, services for the various stages of the administrative and economic, process oriented to the improvement of the competitiveness of MSES which comply with the criteria established in the regulation of the law. Participation of private entities and public services business development article 43.-within the programme of promotion and development of Micro and small enterprise, CONAMYPE boost with the support of institutions of higher education, private non-profit or State organizations, centres of development of Micro and small enterprises, to implement training programs technical assistance, business and financial advice to MSES, including specific programmes to promote the participation of women entrepreneurs and businesswomen, as well as all those that are considered necessary for that purpose. Resources for the implementation of business services article 44.-the skills, business and financial advice and technical assistance that are provided through the managed resources, will be exclusively for Micro and small business. Access to article 45.-the banking State funding will promote the MSES access to credit and other sources of funding, through coordination and consultation with the Ministry of economy, for the creation and Legislative Assembly - Republic of EL SALVADOR index legislative 16 strengthening of financial instruments, systems of guarantees, trusts, financial leasing and risk capital, among others directly or through all financial intermediaries specialized in MSES. Participation of the State banking
Article 46.-the State Bank, within its services, shall establish financial, non-financial services and offer development of capital market, that respond to the needs of MSES, including instruments appropriate and accessible to companies whose property are women. Bank of development of El Salvador article 47.-the Bank of development of El Salvador, BANDESAL, set lines for the financing of the Micro and small business, including instruments appropriate and accessible to companies owned by women entrepreneurs and businesswomen, which conclude agreements or contracts for operation with financial intermediaries who meet specific eligibility criteria established , in coordination with CONAMYPE and consistent with the nature of these. MSES article 48.-the banking State guarantees programmes will promote the creation and strengthening of programmes for warranty and other mechanisms of funds to MSES, gender, which allow access to financing and thereby contribute to the development of competitiveness in the local and external markets. Creation of investment funds of Capital risk article 49.-the banking State will promote the creation of of investment of Capital risk funds temporarily involved in the structure of capital of MSES, driving companies that present a high potential for sustainable growth and to start-ups, to expand the national productive base. Chapter III of LOS funds for LA MSE program of warranty for the MSE creation article 50.-create the warranty program for Micro and small business, PROGAMYPE, to support lending to Micro and small enterprises, the cualcontribuira to the growth and integration of MSES to the national and local economies. The program is initially with an amount of ten million dollars of the United States of America (US$ 10,000,000.00), provided by the State, with resources from the General budget of the nation, same that will be disbursed gradually and depending on the development of the program.
Legislative Assembly - Republic of EL SALVADOR index legislative 17 can be short, medium and long-term loans up by ninety percent of the financed amount.
Private financial intermediaries have access to the guarantee program designed for Micro and small business.
This Fund will be managed in accordance with the regulations issued by the Executive Branch, but must endeavour to guarantee self-sustainability, regulations which shall be adopted within one period of no more than 180 days after the entry into force of this law. Resources article 51.-the resources of the PROGAMYPE, in addition to the initial contribution indicated in the previous article, will come from: a) the budget of the nation;
(b) income-generating its own operations;
(c) donations received from national and international;
(d) any other contribution coming from State resources and earmarked for this Fund, by legal provision.
Chapter IV Fund for the entrepreneurship and CAPITAL of work creation article 52.-creating the Fund for entrepreneurship and Working Capital, to finance new projects or Micros and small incumbents of all productive sectors, with emphasis on those whose content incorporating technological, environmental, components of promotion of entrepreneurship of women and promotion of equal generoen the MSE sector , with an initial five million dollars of the United States of America contribution (US$ 5,000.000.00), which will be gradually disbursed funds from the general budget of the nation. With these funds you may support short, medium and long term loans.
Companies and entrepreneurs that they are favored with loans from this Fund, must have this credit per day, prior to distribute dividends or profits.
This Fund will be overseen by CONAMYPE and administered by the institutions is designated, in accordance with the regulations issued by the Executive Body, which for this purpose shall be adopted not later than 180 days after the entry into force of this Act in. Legislative Assembly resources - Republic of EL SALVADOR index legislative 18 article 53.-the Fund mentioned should contribute to the emergence of new projects, micro and small businesses already existing, competitive, and sustainable; (in addition to the indicated initial contribution will come from: a) the budget of the nation;
(b) income-generating its own operations;
(c) the inheritances, legacies and donations received in favour; by institutions or individuals, public or private, national or international;
(d) any other contribution coming from State resources and earmarked for this Fund by law. Chapter V of the facilities of participation economic partnership business and strengthening institutional of the guilds article 54.-the Ministry of economy and CONAMYPE, will promote the asociatividadempresarial so that MSES can associate and have greater access to the market, including public procurement, and so you can enjoy the benefits and measures for the promotion of this law.
CONAMYPE will boost and strengthen the formation of guilds business and development, providing advice, training, and business and financial assistance, strengthening this culture of participation of the MSE, in an organized fashion, in all economic activities of the country, as well as visualize and enhance the role of women entrepreneurs in the sector. Benefits of the associative groups Article 55.-the associative groups formed by MSES, shall also enjoy the benefits granted by this law. Development of suppliers and linkages productive article 56.-the Ministry of economy and CONAMYPE, altogether, will boost business and financial advising, training programs and technical assistance to MSES in order to prepare them and turn them into suppliers among themselves, the medium and large enterprise, ensuring their negotiating capacity, eliminating asymmetries in these relationships of buying and selling.
The Ministry of economy and CONAMYPE, can promote and finance the realization of local, national and international fairs and exhibitions.
Legislative Assembly - Republic of EL SALVADOR index legislative 19 promotion of the exports article 57.-the Ministry of economy, in coordination with other public and private institutions, promote growth, diversification and consolidation of direct and indirect exports of MSES, implementing development strategies of markets and exportable, as well as promotion to the improvement of business management. Promotion international of the MYPE article 58.-the Ministry of economy and CONAMYPE, promote strategic alliances between MSES and the Salvadoran residents abroad, to create a system of intermediation and investment that articulates the offer of this business sector, with international markets. Information for the promotion of the export article 59.-the Ministry of economy, in coordination with other institutions of the system, generate and disseminate accessible information for MSES, about opportunities to export and access to international markets, including the demand for products or services, as well as rules and tariff conditions that must be met. Technical assistance for export article 60.-CONAMYPE will promote the growth of MSES with export capacity, through technical assistance and specialized advice. Norms techniques article 61.-the State, through the Ministry of the economy, it will promote and disclose the technical standards and the certification of quality of the products, so that MSES may adapt their production to the standards of quality and competitiveness required by the national and international market. Quality, innovation and development of services technology Art. 62 – the Ministry of economy and CONAMYPE, in coordination with other public and private institutions and universities, promote quality, innovation, and the technological development of MSES. Use of technologies of information and communication article 63.-CONAMYPE will boost the technological modernization of MSES, and will promote the use of technology through training, consultancy and technical assistance services.
Legislative Assembly - Republic of EL SALVADOR index legislative 20 joint ventures article 64.-the State, through the Salvadoran Investment Corporation, CORSAIN, promote joint ventures for MSES which constitute links or productive sectors of high potential growth and employment generation, and promote higher levels of equality between men and women in the sector.
The form of granting the joint ventures will be developed by the Ministry of economy and CORSAIN, a special regulation. Creation of an enabling environment for MSES in the territories
Article 65.-local governments can design policies, regulations and programs for the promotion and development of MSES, creating the conditions for efficient and effective public services that allow MSES to develop and transport the production and the incorporation of added value to their products and their marketing. Title IV Chapter unique provisions late regime of exception the MSE article 66.-for purposes of this law, shall not be the same, the following subjects: to) those having fulfilling the conditions laid down in the level of sales and number of workers, economic participation, incidence in the administration of other national or foreign company;
(b) those that belong to an economic group that together exceed those limits;
(c) natural or legal persons not referred to in article 115 of the Constitution.
Transitional article 67.-all institutions related to the implementation of the present law, will have six months to make the adjustments required in order to comply with the provisions of the same. Regulation article 68.-the President of the Republic shall issue the regulations of this law, within a maximum period of 120 days from its entry into force.
Legislative Assembly - Republic of EL SALVADOR index legislative 21 entry into force article 69.-the present Decree shall enter into force eight days after its publication in the official journal.
GIVEN in the blue room of the Legislative Palace: San Salvador, twenty-five days of the month of April of two thousand fourteen. OTHON SIGFRIDO REYES MORALES, PRESIDENT. ENRIQUE ALBERTO LUIS VALDEZ SOTO, GUILLERMO ANTONIO GALLEGOS NAVARRETE, SENIOR VICE PRESIDENT. SECOND VICE PRESIDENT. DURAN JOSE FRANCISCO MERINO LÓPEZ, FRANCISCO ROBERTO LORENZANA, THIRD VICE PRESIDENT. FOURTH VICE PRESIDENT.
CARLOS ARMANDO REYES RAMOS, FIFTH VICE PRESIDENT.
LORRAINE GUADALUPE PENA MENDOZA, MANUEL VICENTE MENJIVAR ESQUIVEL, FIRST SECRETARY. SECOND SECRETARY. SANDRA MARLENE SALGADO GARCÍA, JOSÉ RAFAEL MACHUCA ZELAYA, THIRD SECRETARY. FOURTH SECRETARY. IRMA PALACIOS LOURDES VASQUEZ, ERNESTO ANTONIO ANGLE MILE, FIFTH SECRETARY. SIXTH SECRETARY. FRANCISCO JOSE ZABLAH SAFIE, JOSE SERAFIN RODRIGUEZ ORANTES, SEVENTH SECRETARY. EIGHTH SECRETARY.
Presidential House: San Salvador, on sixteenth day of the month of may of the year two thousand fourteen.
PUBLISHED, Carlos Mauricio Funes Cartagena, President of the Republic. German Jose Armando Flores, Minister of economy.
Legislative Assembly - Republic of EL SALVADOR index legislative 22 D. O. N1 90 volume N1 403 date: May 20, 2014 JCH/ngcl 27-06B2014