Read the untranslated law here: http://www.asamblea.gob.sv/eparlamento/indice-legislativo/buscador-de-documentos-legislativos/ley-especial-de-asocio-publico-privados/archivo_documento_legislativo
DECREE No. 379 THE LEGISLATURE OF THE REPUBLIC OF EL SALVADOR, CONSIDERING
I. That Article 101 of the Constitution of the Republic establishes that the order economic must respond essentially to principles of social justice, which are designed to ensure all people in the country a dignified human existence, the State must promote economic and social development by increasing production, productivity and rational use of resources, and promote the various sectors of production and defend the interest of consumers.
II.- That Article 102 of the Constitution of the Republic guarantees economic freedom, as it is not contrary to the social interest.
III.- That Article 113 of the Constitution of the Republic establishes that will be promoted and protected economic type associations that tend to increase national wealth through better use of natural and human resources, and promote fair sharing of benefits from their activities, and that this kind of associations, in addition to individuals, may participate the State, municipalities and public utility entities.
IV.- That the productive and economic development is one of the main objectives of the Government of the Republic, with particular regard to economic initiatives with a trigger potential, so that the generation of jobs and incomes and strengthen incentives wealth creation in the territory to promote their more equitable distribution.
V.- That by promoting public investment in jointly between the State and private investors, the development of large national projects in public works, public services and activities of general interest will be enhanced, which will drive the national economy and social development, by raising public investment rates, production capacity, allowing the state to increase social investment.
VI.- That public-private partnership contracts properly regulated by law, allow in a framework of legal certainty, provide the state of infrastructure and equipment necessary and strategic for achieving its goals; in a collaboration with the private sector who contribute resources, skills and knowledge for the development of projects that will benefit the population.
That VII.- private public partnering, are forms of investment in the medium and long term, which are incorporated techniques, risk distribution, objectives and preferably private resources.
VIII.- That for the reasons stated above, it is necessary to issue a law to establish a regulatory framework for the development of projects, Public Private Partnerships for the provision of infrastructure and public services and general interest, effectively and efficiently.
in exercise of its constitutional powers and initiative of the President of the Republic, through the ministers of Finance and Economy,
DECREES the following:
SPECIAL LAW OF PUBLIC PRIVATE Partnerships
TITLE I GENERAL PROVISIONS CHAPTER ONE
Art Object of the Act. 1. This Act is to establish the regulatory framework for the development of Public Private Partnership projects for the provision of infrastructure and public services and general interest, effectively and efficiently. In a framework of legal certainty, the private sector will provide financial resources, skills and knowledge necessary for that together with the state to develop such projects for the benefit of the population.
Authorized Institutions Art. 2.- out Public Private Partnership projects the Executive and its agencies may carry, autonomous institutions, including the Executive Hydroelectric Commission of the Lempa River and municipalities. These institutions, hereinafter Contracting State institutions will be called.
Scope Art. 3. This Act is applicable to all contracts in which state entities commissioned from a private investor the design and construction of infrastructure and associated services, or construction, repair, improvement or equipment, all these activities, which
must involve the operation and maintenance of such infrastructure. They can also be about infrastructure for the provision of public services or the operation or performance of an activity of general interest.
The amount of investment and spending updated operation and maintenance of these projects must exceed the equivalent of forty-five thousand times the current trade and service sector minimum monthly wage.
Is excluded from the scope of this Act, the projects in the fields of health, social security, including the Salvadoran Social Security Institute (ISSS), public security, justice regarding custody, prison labor and rehabilitation of inmates, water, education, including the University of El Salvador.
I associate Modalities Contracts Public Private
Art. 4. Contracts Public Private I associate may take either of the following methods or combinations thereof; and also include ancillary to the main mode in each case described stipulations:
a) partnering in the contracting state institution gives the private participant goods or materials to public domain works, as appropriate, build , expand, equip, repair or maintain a work to be exploited and designed to provide a public service by public works concession. These Partnerships are divided into:
i) involving the delivery of goods or material nature works that are national property for public use.
Ii) involving the delivery of goods or material nature works that have tax assets.
B) partnering in the private participant own property intended to provide a public service by public service concession. These Partnerships are divided into:
i) that do not affect private property to contract and therefore such property will not be transferred to the State at the end of it.
Ii) affecting property used by the private and therefore, such assets at the end of the contract shall pass to the State by operation of law.
C) The Partnerships involving the operation or performance of an activity of general interest. These are divided into:
i) involving the private delivery for the exploitation of tax assets, including those belonging to the autonomous institutions and municipalities.
ii) involving the private allocate own property.
The Attorney General of the Republic shall represent the State in contracts on purchase of property in general and movable property subject to competitive bidding; also it ensures that the concessions of any kind granted by the State, it meets the requirements, conditions and objectives set out in them and practice about the appropriate action in accordance with the provisions of Article 193, paragraphs 5 and 10 of the Constitution of the Republic.
Art. 4-A.- corresponds to the general prosecutor, representing the State IN CONTRACTS Public Private Partnership DEVELOP UNDER THAT ANY OF THE CONDITIONS REFERRED TO IN ART. 4 of this Act, shall furthermore ensure that IN CONCESSIONS OF ANY KIND GRANTED BY THE STATE, WILL MEET YOUR REQUIREMENTS, CONDITIONS AND GOALS SET FORTH IN THE SAME AND PRACTICE ABOUT THE RELATIVE SHARES IN ACCORDANCE WITH THE PROVISIONS OF ARTICLE 193 , Ordinal 5 ° and 10 ° of the Constitution. (1)
Public Private Partnership Contracts response to the economic nature
Art Project. 5. Considering its economic nature, contracts of the previous article shall be classified in:
a) SELF-SUSTAINABLE: THOSE IN WHICH REVENUES FROM FEES CHARGED DIRECTLY OR VALUES MEET USERS OF PROJECT COSTS DURING THE TERM OF PARTICIPANT AGREEMENT AND ALLOW ADEQUATE PROFITABILITY PRIVATE GET TO ASSUME RISK AND RELATING TO MARKET CONDITIONS WITHOUT RESOURCES TO SUE OR WARRANTIES OF ANY KIND FROM STATE. PROPERTY OWNED STATE BEFORE PROJECT APPROVAL BY THE BOARD OF PROESA MAY BE DELIVERED TO THE TERMS OF PREVIOUS ARTICLE WITHOUT THE PROJECT SO self-sustaining stop thinking. (1)
b) Co-financed: those in which the economic sustainability of the project during all or any part of the contract, sue resources or guarantees of the State of one of the following types, or a combination of both:
i. Entailing strong fiscal expenditure.
Ii. The fiscal expenditure involving contingent.
Specify criteria for this classification they shall be established in the respective bidding.
State responsibility in contracts Public Private Partnership will always be limited to their investment.
Definitions Art. 6. For purposes of interpretation of this Law shall apply:
A) Activities of general interest: those aimed at the promotion of strategic sectors of the economy by promoting technology, science, innovation and research and development;
B) Analysis of value for money: evaluation of qualitative or quantitative nature which determines that the proposed Public Private Partnership is, from a social and economic point of view, the best mode of providing infrastructure or public services.
C) Basis of tender: tender participation rules, technical, economic and legal persons which competing bidders;
D) Acts of God or force majeure: unforeseen event by the parties at the time of filing of the offer, which to happen, makes physical and totally impossible to comply with all or some of the obligations under the contract I associate Private public;
E) Public Private Partnership Agreement or Contract concluded between one or more contracting State institutions and the private participant, which aims, through various contractual arrangements described in Article 4 of this Act agreement, provision of infrastructure and the efficient delivery of public services of general interest, and other complementary to these private;
F) Technical Standards: technical characteristics required works and services for the operation of a Public Private Partnership project and allow compliance with a given level of service;
G) Construction phase: period between the date of commencement of the period to build the infrastructure or facility in question, by the private participant, and completion of facilities or infrastructure that enables start committed service provision;
H) Exploitation phase: period between the start of service delivery and termination of the Public Private Partnership;
I) Level of service: a set of measurable results, in terms of functionality, that a work or service of a Public Private Partnership project must present during their operation, in accordance with the provisions in the contract of Public Asocio Private;
J) Provider: person or group of corporations, domestic or foreign, competing in the tender procedure of a proposed Public Private Partnership;
K) private Participant: legal person who has signed a contract for the implementation of a Public Private Partnership project;
l) Public Private Partnership project or project proposal to implement a series of activities that allow the provision of infrastructure, public services of general interest, subject to the Public Private Partnership agreement, under one of the procedures laid down by Article 4 of this Act;
M) Supervisor of the project: natural or legal person appointed by the institution or institutions Contracting State which has the function to ensure the proper management of the contract during the construction phase of the project;
N) User: natural or legal person who benefits directly and in common with other people in the services of a Public Private Partnership project and its additional and complementary services, according to its object and purpose; and
o) or sectoral regulatory oversight Ente: competent agency to regulate and supervise a specific sector, such as the Civil Aviation Authority (CAA), the Maritime Port Authority (AMP), the General Superintendency of Electricity and Telecommunications (SIGET) and other sector specific regulators.
Other Authorizations Art. 7. licenses, authorizations, approvals or similar acts complementary, including natural resource concessions governed by special laws, as may be necessary for the performance of certain activities under contract must be obtained in advance to the signing of the contract, without prejudice to those which, by their very nature, must be managed thereafter.
General Principles Art. 8. All actions related to the provisions of this Act, shall observe the following general principles:
a) Legality: the institutions of government, private investors, whether as bidders, contractors or subcontractors, employees and civil servants and any natural or legal person involved in hiring or implementation of projects of private and public participation in the development, implementation and execution of the respective contracts; they must act subject to domestic law;
B) Constitutional Supremacy: in the implementation of this law and its regulations must observe strict compliance with the provisions of the Constitution of the Republic;
C) Supremacy of the public interest: in the implementation of this law the public interest prevail over private interest;
d) Rectoría State: I associate projects Public Private will be conducted under the principle that only the state has rectory, competence and powers of planning, control, sanction, punishment, regulation, supervision and monitoring implementation of the respective contracts, through the corresponding institutions. The State shall guarantee the common good in the exercise of his rectory;
E) Seasonality: contracts must provide for a maximum period, which in any case, including any extensions thereof, may exceed forty years. Are void contracts exceeding the maximum term or omit the provision of the lease term;
F) Principle of preservation of state control: when the Public Private Partnership project would require the granting of State property for the construction of the work or service, the state will retain at all times the domain of such assets ; State and private participant may not under any circumstances transfer the domain of concesionado well;
G) Investment Incentive: I associate projects Public Private seek to encourage, by way of existence and respect for clear and transparent legal norms, private investment in public works projects, public or general interest services, benefit the development of the country and effectively meeting the needs of citizens;
H) Transparency, advertising and social audit: the procedure of private and public procurement should include mechanisms to ensure publicity of the acts and to permit adequate social audit exercise, in order to ensure the protection and promotion of rights users and the general population. All actions relating to Public Private Partnership projects and acts involving fiscal commitments for the state and effects on users, will be public and subject to strict accountability;
I) Social Performance: Private projects Public I associate must meet the realization of the common good, clearly establishing the general and specific objectives as well as the benefits that the State intends to provide citizens;
J) Economic efficiency: the mechanisms provided for conducting Public Private Partnership contracts must be approved only if it is established, through economic studies and expert advice, they are an efficient, effective and sustainable option for the development of infrastructure and provision of services;
K) Distribution of risks: Public Private Partnership contracts shall establish, clearly, specifically assume the risks that the contracting institution of the State and the private participant;
L) Jurisdiction: tendering procedures must be transparent and competitive, so that, respecting the principles of non-discrimination, equality and wide publicity, is achieved promote participation of the largest number of operators in these and be allowed to choose the private participant who can offer the work, service or activity of general interest, efficiently and effectively;
m) Legal certainty: this principle recognizes the certainty of law and is considered of public interest, the unrestricted fulfillment of the obligations that the acts and contracts covered under this Act give rise Contracting parties. fail to comply or alteration of any of the provisions of the Public Private Partnerships contracts will be liable for damages in accordance with current legislation, and will be sanctioned according to the same;
N) Fiscal responsibility: is expressed both in assessing the payment capacity of the State, prior to making commitments through Public Private Partnership contracts, as well as in the exercise of the power to verify that the entities Contracting incorporate in their planning of future obligations and strict compliance with the limits of future commitments;
O) monitoring and supervision by the State: the effective verification intended for the commitments made through Public Private Partnership contract are met. In addition to oversight responsibility given to the contracting State institution, it shall be deemed independent audit, designed to safeguard the general public interest and users in particular, and which will be the oversight body of Private Partnerships Public or his substitute;
P) Corporate Social Responsibility: private participants must enter and maintain during all phases of implementation of Public Private Partnership contracts, best practices of corporate social responsibility;
Q) Environmental Sustainability: the Public Private Partnership projects must be designed and tendered considering the highest environmental standards and compliance with rules on environmental impact and must be executed by the private participant, in full compliance with all environmental standards enforceable ; and
r) Principle of worker protection: All Public Private Partnership contracts should stipulate the obligation of the parties to respect and protect the rights of workers; all private participants, contractors and the administrative authorities with responsibilities for the enforcement of this Act, shall promote the establishment and maintenance of adequate working conditions for their workers.
Worker Rights Art. 9. The application of this Law shall not imply weakening or reducing the protections afforded in international treaties and agreements and labor legislation; consequently, the State can not waive these regulations as a way to encourage investment in Public Private Partnerships.
Private Entrants must ensure compliance with the following principles and fundamental rights:
9 a) freedom of association and freedom of association and the effective recognition of the right to collective bargaining;
B) Elimination of all forms of forced or compulsory labor;
C) The effective abolition of child labor; and
d) The elimination of discrimination in respect of employment and occupation.
These obligations also apply to subcontractors of private participants, and the latter will be responsible for ensuring compliance.
Contracting State institutions should ensure full respect for these principles and rights in the Public Private Partnership contracts are signed. They must ensure that the assignment of contracts authorized by this Act, the transferor private participant has complied with all their work and ensure that the assignee the same working conditions agreed with workers in the proposed Public Private Partnership.
TITLE II INSTITUTIONAL FRAMEWORK CHAPTER I ADMINISTRATIVE AUTHORITIES AND FUNCTIONS
Contracting State Institutions and Functions
Art. 10. The Contracting State institutions in their quality of bidders and contract managers have the following functions:
a) identify, within the framework of planning the provision of services of the Contracting State institution, projects of Public Private Partnership and prepare the respective studies;
B) Develop the procurement procedure, and sign the contract award;
C) Ensuring that the Public Private Partnership contracts are duly stipulated underwriting bank guarantees, guarantees or insurance by the private participant in accordance with the provisions of this Act and the distribution of risk is determined in the bidding and the respective contract, where applicable;
D) Comply with contractual obligations;
E) Ensure that the private participant to fulfill its contractual obligations;
F) To monitor the proper development of the construction works, and inform the governing body,
contractual breaches during this phase;
G) WARN BREACH OF THE OBLIGATIONS DURING THE PARTICIPANT PRIVATE exploitation phase shall notify the OFAPP TO PROCEED TO VERIFY THAT IT INFORMED AND LO, IF ratify the necessary steps ADOPT OR APPLY SANCTIONS OR PENALTIES FOR; and, (1)
h) Any other functions or powers that this Act or the Regulations assigned.
Creation of the FAD Art. 11. REPEALED (1)
Dependencies FAD Art. 12.- REPEALED (1)
Integration Board of the FAD
Art. 13.- REPEALED (1)
FUNCTIONS OF BOARD OF PROESA (1)
Art. 14. THE BOARD OF DIRECTORS OF PROESA have the following functions, AS REFERRED TO THIS ACT:
a) PROPOSE TO THE PRESIDENT OF THE REPUBLIC POLICIES Public Private Partnership;
B) APPROVE THE PROJECTS Public Private Partnership, ITS TENDER AND PROJECTS OF CONTRACT AND CONTRACTUAL CHANGES IN THE TERMS SET FORTH IN THIS LAW, IN CASES THAT MAY CONCERN;
C) develop and coordinate with the competent authorities, PLANS, POLICIES AND STANDARDS FOR DEVELOPMENT AND FUNCTIONING OF CONTRACTS Public Private Partnership in its various forms;
D) ensuring proper DEVELOPMENT POLICY Public Private Partnership;
E) to determine the appropriateness or inappropriateness TO MAKE A NEW TENDER, FULFILLED THE DURATION OF CONTRACT OR TERMINATED THE CONTRACT BY CAUSING OTHER, PRIOR PROPOSAL OF THE CONTRACTING STATE INSTITUTION;
F) ANNUALLY INFORM THE PRESIDENT OF THE REPUBLIC AND ASSEMBLY
ON ITS ADMINISTRATIVE, FINANCIAL AND TECHNICAL MANAGEMENT, AND MECHANISMS AND ACTIONS IMPLEMENTED IN TRANSPARENCY ASOCIO CONTRACTS SIGNED PUBLIC PRIVATE; And
g) PERFORM OTHER POWERS AND COMPLY WITH OTHER FUNCTIONS OR POWERS THAT THIS law or regulation assigned. (1)
PROESA FUNCTIONS (1)
Art. 15. NOTWITHSTANDING THE POWERS CONFERRED ON OTHER LAWS, PROESA have the following functions, AS REFERRED TO THIS ACT:
a) advise the Contracting State institutions, WISHING TO BOOST PROJECTS Public Private Partnership, IN THEIR respective areas of competence;
B) identify opportunities and PROMOTE PRIVATE PUBLIC FACILITY IN ASOCIO PUBLIC INSTITUTIONS COMPETENT TO PROVIDE SERVICES BY PRIORITY BOARD OF PROESA;
C) PROMOTING MECHANISM AND Public Private Partnership project portfolios BETWEEN INVESTORS AND POTENTIAL FINANCIERS AND THE COMMUNITY IN GENERAL;
D) Appointing the member representing PROESA ASSESSMENT IN COMMITTEES FOR BIDDING PROCEDURES;
E) PUBLISH ITS INSTITUTIONAL PORTAL IN ALL RESOLUTIONS RELATED ACTIVITIES AND PROJECTS, CONTRACTS AND THEIR IMPLEMENTATION, ACCORDING TO THE INFORMATION YOU SEND THE CONTRACTING STATE INSTITUTIONS;
F) MAINTAIN A WIDE PUBLIC POLICY INFORMATION AND ACCOUNTABILITY TO SOCIETY; And
g) COMPLY WITH OTHER FUNCTIONS OR POWERS THAT THIS law or regulation assigned. (1)
the Executive Director Art. 16. - Repealed (1) Functions
Legal Unit Art. 17.- REPEALED (1)
Art. 18.- REPEALED (1) Functions
Ministry of Finance Art. 19. The Ministry of Finance itself or through its agencies and without prejudice to the powers conferred by other laws, have the following functions in regard to this Act:
a) evaluate the allocation of risks and impacts prosecutors of the Public Private Partnership projects;
B) request and obtain from PROESA, INSTITUTION CONTRACTING STATE OR ANY OTHER APPLICABLE STATE INSTITUTION, THE INFORMATION NECESSARY TO COMPLY WITH ITS ROLE OF EVALUATION OF PROJECTS; (1)
c) To verify and issue an opinion on the assessment of value for money;
D) Issue a favorable or unfavorable financial opinion on the tax implications of the bidding and contract, and any amendments thereof in accordance with Article 63 of this Law;
E) Issue a favorable or unfavorable financial opinion on the tax implications of the early termination of a public private partnership contract and on whether to re-bid contract to be concluded for any reason;
F) Check consistency of fiscal firm commitments and quantifiable contingent future payments, arising out of each proposed Public Private Partnership for the Executive Body;
G) Verify that the Contracting State institutions, including in each draft Budget Law, the corresponding allocation to the resources needed to meet the commitments under the Public Private Partnership contracts;
H) Verify that the Contracting State institutions of the Executive Branch, with the registration of firm commitments and quantifiable contingent future payments, arising from the signing of each contract Public Private Partnership; and,
i) To exercise the powers and fulfill other functions or powers that this Act or the Regulations assigned.
13 Fiscal Obligations Derivatives Contracts
Art. 20.- IN CASES WHERE THE CONTRACT OR CHANGES FORTH STATE PAYMENTS FOR PRIVATE PARTICIPANT PARTICIPANT OR PAYMENTS FOR PRIVATE STATE IN EXCESS OF A FISCAL YEAR, THE RESPECTIVE CONTRACTING STATE INSTITUTION MUST INCLUDE IN YOUR PROJECT BUDGET FOR EACH FISCAL YEAR, DURING THE DURATION OF THE AGREEMENT, THE ALLOCATION PROVIDED EQUIVALENT TO PAYMENT AS WELL AS THE ESTIMATED INCOME PARTICIPANT RECEIVE PAYMENTS AS PRIVATE IF APPROPRIATE.
OBLIGATIONS FIRMES EXCEEDING THE FISCAL YEAR SHOULD BE TREATED AS PUBLIC DEBT FOR PURPOSES ONLY FINANCIAL ACCOUNTING. THE MINISTRY OF FINANCE ISSUED ACCOUNTING STANDARDS BE REQUIRED FOR EVALUATION AND REGISTRATION OF FIRM AND CONTINGENT COMMITMENTS. IN ADDITION, YOU MUST MAINTAIN CONTROL UPDATED commitments. THE BOARD OF AT LEAST PROESA will ensure that THREE YEARS WILL BE AN INDEPENDENT EVALUATION ABOUT estimated amount of contingent commitments.
CUMULATIVE AMOUNT OF PAYMENTS AND CONTINGENT FIRMES QUANTIFIABLE, NET INCOME CONTINGENT, ASSUMED TITLE OF CONTRACTS A Public Private Partnership, CALCULATED TO PRESENT VALUE, NOT EXCEED THE THREE PERCENT OF GROSS DOMESTIC PRODUCT OF THE YEAR IMMEDIATELY PRECEDING. (1)
AGENCY CHAPTER II PUBLIC PRIVATE Partnerships with auditing and Address
Creation Art. 21. Create the Supervisory Agency Public Private Partnerships, hereinafter OFAPP, as a public institution with legal personality, its own assets, technical and administrative autonomy for the exercise of the powers and duties covered by this Act .
Your home is the city of San Salvador, without prejudice of the units be established in other cities.
Object Art. 22. The OFAPP shall be directed to the technical supervision of the Public Private Partnerships in terms of this Act. Promote the exercise of the rights of users established therein.
In areas where such exist sectoral regulators or auditors, the powers of OFAPP referred to in this Act shall be exercised by such sectoral entities.
The special regime of each sectoral regulatory or supervisory be supplemental to the implementation of
regime technical oversight and regulation for Public Private Partnership contracts established in this Act. In case of conflict between the regime of technical control and regulation created by this Act and the special system for each regulatory or supervisory sectoral, shall prevail, except for punitive action in which preferentially apply the corresponding penalty system each sector regulator or auditor.
Every time this Act is referred to the functions and powers of regulation, supervision and imposition of sanctions and penalties of OFAPP be understood that also refers to existing sectoral regulatory bodies or watchdogs.
OFAPP Operations Art. 23. THE OFAPP begin operations WHEN THE BOARD OF DIRECTORS APPROVE THE PROVENANCE PROESA FIRST PROJECT Public Private Partnership, FOR WHICH, UNDER THE LEGAL ORDER, did not exist REGULATORS OR SECTORAL regulators.
Correspond to PROESA INFORM THE AUTHORITIES APPOINTED BY THE BOARD OF DIRECTORS OFAPP so that they proceed in a period not exceeding ninety days DESIGNATE ITS MEMBERS IN ESTABLISHING THE TERMS ARTICLES 24 AND 25 OF THIS ACT. (1) From
OFAPP Members Art. 24.- OFAPP shall consist of four members who meet the following requirements:
a) To be in the enjoyment of their civil rights;
B) Have ten years of relevant professional experience and be renowned in disciplines related to Public Private Partnership contracts, such as economics, legal sciences, business administration, public accounting, engineering and other related;
C) not be subject to any of the following disabilities:
i) Having a criminal record or have been convicted at trial account.
Ii) have accepted inheritance, bequest or donation of any of the parties involved in a Public Private Partnership contract subject to technical control of OFAPP.
Iii) Member participant of any offeror or private subject to technical control of OFAPP.
Iv) Being part or have an interest in litigation, act, contract or guarantees linked
With the signing or execution of Public Private Partnership contracts or be related to companies that are in the situation described in projects subject to the technical supervision of OFAPP.
V) Have kinship within the fourth degree of consanguinity or second of affinity with some private participant subject to the supervision of OFAPP or the highest authority of the Contracting State institution subject to the supervision of OFAPP. Appointment of Members
OFAPP Art. 25.- OFAPP members shall be appointed as follows:
a) An owner who will preside member and one alternate, appointed by the President;
B) A regular member, and one alternate, appointed by the Supreme Court;
C) A regular member and one alternate, appointed by the Ministry of Public Transportation Works and Housing and Urban Development from a list proposed by the engineering faculties of legally accredited universities; and
d) A regular member and one alternate, appointed by the president of the Central Reserve Bank of El Salvador, from a list proposed by the union legally constituted public accounting.
In case of absence or impediment, the alternate members will replace their respective owners. Apart from these cases, they may attend all meetings of the body with a voice but no vote.
The mechanism of election of members of OFAPP be based on criteria of suitability and competence and will be selected through a transparent and public process to ensure their independence, which will be regulated by each of the institutions or agencies.
The shortlists will be proposed thirty days prior to the end of the period of the regular member. Unless it has been proposed not triples in the mentioned period, the president shall propose them OFAPP.
The first OFAPP members shall hold office for the following periods:
a) The member appointed by the President of the Republic and their respective alternates, for a period of eight years;
B) The member appointed by the Supreme Court and their respective alternates, for a period of six years;
c) The member appointed by the Ministry of Public Transportation Works and Housing and Urban Development and their respective alternates, for a period of four years; and
d) The member appointed by the Central Reserve Bank of El Salvador and their respective alternates, for two years.
Hereinafter, the term of office of officials will be eight years. The members and alternate members may not be elected to office in any case.
Duration, Dedication, removal and remuneration
Art. 26.- The president of OFAPP have exclusive dedication. The other three members will develop other activities while not involve any of the grounds of disability described in the previous article.
In addition, the four members shall not be assigned to the grounds of disability described in Article 24, letter c), paragraphs i) and iii) the duration of his appointment to the position, which shall be considered grounds for incompatibility . Such circumstances occur during the tenure constitute sufficient grounds for removal, in accordance with the procedure laid down in the Regulation of this Law
OFAPP members also cease their charges.
A) Expiration the period for which they were appointed;
c) physical or psychological incapacity to perform the charge; and
d) serious failure to comply with obligations as a member. Serious offenses be unjustified failure to attend three consecutive sessions or six sessions during a calendar semester.
OFAPP President shall receive a salary, while the other three members receive a per diem for each meeting they attend, as fixed in the Regulation. Sessions
Art. 27.- OFAPP sessions will be held with the assistance of at least three of its members and shall be taken by most attendees. In case of a tie vote will decide who chairs.
OFAPP members must abstain from hearing cases in respect of which come upon any of the grounds of disability laid down in Article 24, letter c), paragraphs ii), iv) or v) of this Act.
The Regulations establish the necessary rules for the operation of OFAPP and for the proper performance of the functions entrusted to it; and determine, among other things, call rules, decision-making and the like. Functions
Art. 28.- The functions of OFAPP:
A) technical and especializadamente Contracting State institutions and private participants in the exercise of their functions relating to compliance with service levels Supervise, technical standards and tariff rules involved in Public Private Partnership contracts;
B) To issue an opinion regarding the bidding rules that are presented to him under Article 38 of this Law;
C) REQUEST A CONTRACTING STATE INSTITUTIONS AND PARTICIPANTS PRIVATE INFORMATION NECESSARY TO MEET THEIR FUNCTIONS. IF NO SUCH addressed REQUIREMENTS, THE OFAPP may initiate the procedure RESPECTIVE sanction; (1)
d) instruct operational tasks of inspection or verification of compliance with the rules of the competition to qualified third parties duly certified under Regulation;
E) Hiring third parties for the purposes described in point a) of this article; and
f) The others established by law and regulation.
The functions of the President of OFAPP:
a) legally represent the institution;
B) START TO THE OFAPP PROCEDURES OF SANCTIONS AND PENALTIES AGAINST CONTRACTING STATE INSTITUTIONS AND PRIVATE participants, BREACHES ALLEGED TO ITS OBLIGATIONS LAW OR THE CONTRACT RESPECTIVELY. (1)
c) hire staff and define its rules of procedure;
D) To implement resolutions that were issued by members OFAPP;
E) To ensure the optimal functioning of administrative OFAPP; and
f) Regularly review their procedures so as to ensure that they comply with a purpose of efficiency and effectiveness and are consistent with their existing policies.
Heritage Art. 29.- The patrimony of OFAPP will consist of:
a) An initial contribution the State;
B) contributions annually assigned by the Law on Budget and allocated under other general or special laws;
C) The contributions of international cooperation received for the development of its activities;
D) The proceeds from the sale of publications made, whose value will be determined by resolution of the organism;
E) Donations made to it and accept inheritances or legacies;
F) movable or immovable, tangible or intangible property transferred to it or to acquire any title and the fruits of such goods; and
g) The product made from the sale of assets and own interest and other income earned in the exercise of their functions.
Grants and allocations received by the OFAPP be exempt from all taxes and payment of any liens or affecting them. In any case the OFAPP may receive donations from private participants.
TITLE III RIGHTS AND OBLIGATIONS OF PARTICIPANT PRIVATE SOLE CHAPTER
Private Participant Rights Art. 30. - The private participant shall have the following rights, without prejudice to others established in this Act and its regulations, the bidding and contract:
a) To receive as sole compensation for the performance of the contract, payments and service revenue agreed in this;
B) To obtain funding for the project in the way it deems appropriate, including by placing securities of any kind in a public offering market. It may
also be originator, issuer, subcontractor and make all efforts to obtain financing through securitization of payments, income or rights under the contract;
C) To enjoy extra time in total or partial terms of the contract if the delay or stoppage thereof attributable to the State, and must then extend the deadlines to reach equal to the delay or stoppage periods, without prejudice to the compensation as appropriate;
D) Giving entirety once the contract is in operating phase. This assignment can only be made to those who fulfill the requirements established in the bidding, approval of the contracting institution OFAPP State and who have a maximum term of one hundred twenty days to authorize or deny the transfer. Not to rule both institutions during this period, it is deemed to have approved the transfer; and
e) Subcontract third parties for the execution of works or services, while not prohibited by the contract. In all cases, the private participant liable to the state and users who violate obligations by the subcontractors.
Private Participant Obligations
Art. 31. The private participant shall have the following obligations, without prejudice to others established in this Act and its regulations, the bidding and contract:
a) Run the contracted or provide the services or activities of general interest work hired, assuming the levels of risks in the contract to comply with the obligations;
B) contractual terms to so provide, make payments to the State in terms of the benefits derived from the operation of the project;
C) Comply with the obligations, service levels and technical standards established in the bidding, contract, this Law and other relevant laws;
D) Allow and facilitate inspections and audits aimed at verifying the correct performance in project implementation, and monitoring compliance with the conditions of quality, financial compensation and technical adaptation of this, in the terms defined In the law;
E) Provide annually to the Contracting State institution, its financial statements audited by an external company, to be published through electronic means of the contracting state institution;
F) To submit to the contracting institution of State reports on the development and implementation
contract, in formal and temporary conditions set out in the bidding, contract, this Act and its Regulations;
G) Be responsible for the loss or deterioration of state assets involved in the contract awarded, if any;
H) Formalize and register contracts of its subcontractors, before they start work and services;
I) To obtain municipal licenses or other required for the realization of the project Public Private Partnership;
J) Address the instructions in exercising its powers of oversight and regulation issued by the OFAPP; and
k) Comply with the existing legislation. TITLE IV
LICITACION CHAPTER I PRELIMINARY TENDER SHARES REGIME Feasibility Study
Art Project. 32. TO START THE PROCESS DEVELOPMENT PROJECT Public Private Partnership, the contracting institution STATE TO INTRODUCE THE BOARD OF PROESA A FEASIBILITY STUDY PROJECT, WHICH MUST CONTAIN AT LEAST:
a) ECONOMIC FEASIBILITY PROJECT: MUST PROVE THAT THE PROJECT CREATES SOCIAL ECONOMIC VALUE, AND DETERMINE AN ANALYSIS BY VALUE FOR MONEY, THE MODE Public Private Partnership CONSTITUTES THE MOST EFFICIENT AND EFFECTIVE TO ACHIEVE THE POPULAR PURPOSES. IN PARTICULAR, MUST JUSTIFY THE CONVENIENCE OF USING THE MECHANISM Public Private Partnership AS AN ALTERNATIVE TO TRADITIONAL FORMS OF PUBLIC INVESTMENT. The study should SORT PROJECT BY ITS ECONOMIC NATURE self-sustainable OR FINANCED, PURSUANT TO THIS LAW;
B) ASSESSMENT OF FISCAL IMPACT: MUST CONTAIN, AMONG OTHERS, THE ESTIMATED BUDGET AND FINANCIAL IMPACT DURING THE FISCAL YEARS IN WHICH INTENDS to run CONTRACTS Public Private Partnership, FINANCIAL PLANS TO ATTEND TO BE MADE CHARGED TO
THEIR OWN BUDGET APPROPRIATIONS LOADS involving the execution of these contracts; Similarly, it should incorporate the contract STATE OBLIGATIONS UNDER THE PERFORMANCE OF CONTRACTS IN REFERENCE TO THE REGULATED UNDER THIS LAW BY; And
c) SOCIAL IMPACT ASSESSMENT: must have a ANALYSIS OF SOCIAL IMPACTS AND THEIR MITIGATION MEASURES.
NOTWITHSTANDING THE ABOVE, AND IN CASES THAT OUT REQUIRED BY APPLICABLE LAW, THE FEASIBILITY STUDY PRELIMINARY ANALYSIS SHOULD BE INCORPORATED OF RISKS AND THEIR ENVIRONMENTAL MITIGATION MEASURES, AND ALSO ENGINEERING STUDIES AND OTHER THAT ARE covered by Regulation.
THE INSTITUTION CONTRACTING STATE SHOULD RETURN THE FEASIBILITY STUDY TO BOARD OF DIRECTORS OF PROESA, WHICH WILL VERIFY THAT MEETS THE REQUIREMENTS OF REGULATION. THE BOARD OF PROESA, RESOLVED REGARDING THE ADMISSION OF STUDY WITHIN no more than five days from its receipt. SUCH RESOLUTION SHALL BE PUBLISHED IN THE INSTITUTIONAL PORTAL PROESA.
WITHIN NO MORE THAN FIVE DAYS FROM THE ISSUANCE OF RESOLUTION OF ADMISSION, THE BOARD OF PROESA MUST SEND COPY OF STUDY THE MINISTRY OF FINANCE, TO its opinion, WHICH SHOULD BE WITHIN WITHIN NO MORE THAN fORTY-FIVE DAYS WILL BE MANDATORY THE STATEMENT OF THE MINISTRY OF FINANCE WITHIN REFERRAL OF FAILURE TO DO SO WILL IMPOSE PUNISHMENT UNDER THIS LAW FOR BREACH OF THIS OBLIGATION TO EMPLOYEES OR RESPONSIBLE OFFICIALS.
WITH FAVORABLE OPINION OF THE MINISTRY OF FINANCE, THE BOARD OF PROESA, approve or reject the PROJECT Public Private Partnership. THE BOARD OF PROESA shall deliver its decision within a period not exceeding TWENTY DAYS FOR PUBLIC PROJECTS INITIATIVE, AND WITHIN NOT MORE THAN NINETY DAY FOR PRIVATE INITIATIVE PROJECTS. WHEN THE BOARD OF DIRECTORS APPROVE THE PROJECT PROESA ALSO AUTHORIZED IN THE SAME RESOLUTION THE BEGINNING OF THE TENDER PROCEDURE. REJECTED PROJECT BE RETURNED TO THE CONTRACTING STATE INSTITUTION THAT PRESENTED, WHICH MAY reformulate AND NEWLY present compliant design LAW. (1) Approval of Pre-Feasibility
Art Project. 33. - IN CASES IN WHICH THE CONTRACTING STATE INSTITUTION NOT EXPECT THE FEASIBILITY STUDY, may submit to PROESA BOARD OF A PROJECT FEASIBILITY STUDY OF. IF THE BOARD OF DIRECTORS APPROVES THE PROESA, it proceeds to make FEASIBILITY STUDY. APPROVAL OF FEASIBILITY STUDY shall remain in force for one year and may be extended by order RATIONALE. IF THE DIRECTING COUNCIL REJECTS PROESA prefeasibility study will proceed to RETURN TO THE INSTITUTION CONTRACTING STATE,
WHICH MAY 22 rephrase. THE BOARD OF PROESA have a period of sixty days for the approval or rejection of the feasibility study.
IN THE CASE OF PUBLIC LETTER Private Partnerships C) OF ARTICLE 4 OF THIS ACT, PRIOR TO THE PRESENTATION OF THE PROJECT TO DIRECTING PROESA COUNCIL, THE CONTRACTING STATE INSTITUTION MUST SUBMIT PRE-FEASIBILITY STUDY FOR APPROVAL SUPERINTENDENT OF COMPETITION TO COMPLY WITH THE PROVISIONS THEREOF. THE SUPERINTENDENT OF COMPETITION WILL WITHIN THIRTY DAYS FROM TOLD HIS PRESENTATION TO ISSUE ITS RESOLUTION. After this period had issued without resolution, it is presumed FAVORABLE.
THE CONTENT OF FEASIBILITY STUDY WILL BE REGULATED BY REGULATION. FEASIBILITY STUDY MAY BE PERFORMED BY AN INDEPENDENT INSTITUTION SPECIALIZED. PROESA TECHNICAL SUPPORT MAY PROVIDE THE INSTITUTION CONTRACTING STATE TO CARRY OUT THE FEASIBILITY STUDY. (1)
Cooperation Agreement Art. 34. ONCE ISSUED BY RESOLUTION OF THE BOARD AUTHORIZATION OF PROESA, the contracting institution PROESA STATE AND AN AGREEMENT TO ESTABLISH SIGN THE SCOPE OF THE FUNCTIONS DURING THE LATTER play TENDER PROCEDURE. THE CONVENTION shall provide that PROESA PARTICIPATE IN THE DESIGN OF THE TENDER AND CONTRACTS, AND IN THE PROCESS OF PRIVATE INVESTMENT PROMOTION.
Exceptionally, THE INSTITUTION CONTRACTING STATE AND PROESA, ALSO MAY SIGN A COOPERATION AGREEMENT APPROVED ONCE THE FEASIBILITY STUDY PROJECT IN TERMS OF PREVIOUS ARTICLE. (1)
CHAPTER II REGIME BIDDING Bidders Prequalification
Art Competitive Dialogue. 35. The tender procedure will have an initial prequalification stage where they can participate national and international bidders, in order to select those that have the experience and financial capacity specific and relevant to the project. For this stage of the procedure, a specification that defines the requirements for prequalification will be developed. During the prequalification equal treatment between bidders shall be guaranteed and shall not be arbitrary or unjustified differentiation.
Specifications prequalification will allow prequalified bidders to propose to the contracting state institution improvements, additions or adjustments they deem appropriate to make to the draft bidding and contract, especially their service levels and technical standards, at the request of the contracting state institution and through meetings at
who may attend all prequalified bidders.
During that procedure and within the period specified in the tender, bidders and the contracting state institution may make inquiries and seek clarification, which must be made known to all bidders. The contracting state institution must ensure transparency of procedures and equal treatment and opportunities for competitive dialogue participants. This stage will be governed by the regulations of this Law.
Specifications prequalification may require the submission of a preliminary technical project. The contracting state institution at this stage may make observations to each project on compliance with service levels and minimum technical standards.
Specifications prequalification establish whether the end of this stage may submit tenders only those who participated in it or if the submission of tenders will be open to all stakeholders. In the latter case, the bidding can set preferences for those who participated in the competitive dialogue. Competitive Dialogue
Art. 36. The institution Contracting State may apply a competitive dialogue procedure with that or those applicants who, having been presented to the prequalification process, meet the requirements of technical and economic solvency stated therein.
During this procedure may be discussed all aspects of the contract, in order to contribute to the definition of special conditions.
Specifications prequalification allow prequalified bidders to propose to the contracting state institution improvements, additions or adjustments they deem appropriate to make to the draft bidding and contract, especially their service levels and technical standards, at the request of the contracting state institution and through sessions that may attend all prequalified bidders. It is given equal treatment
During the procedure, all participants and in particular, they will not provide information in a discriminatory manner which may give advantages to certain participants over others. It may not reveal to the other participants solutions proposed by a participant or other confidential information communicated to them without their consent.
During that procedure and within the period specified in the tender, bidders and the contracting state institution may make inquiries and seek clarification, which must be made known to all bidders, without prejudice to the provisions of the preceding paragraph . The contracting state institution must ensure transparency of procedures and equal treatment and opportunities for competitive dialogue participants.
The competitive dialogue procedure will continue until it is possible to determine, after comparing them, if necessary, solutions that are appropriate to the object of the bidding process.
declared closed the competitive dialogue and communicated to all participants, will be called to the submission of tenders according to the established by the special conditions.
In all cases where the competitive dialogue procedure does not apply must be specified in advance in the specification for prequalification, if at the end of this stage may submit tenders only those who participated in it or if the submission of tenders will open to all interested parties. In the latter case, the bidding can set preferences for those who participated in the competitive dialogue.
In the case where a single applicant any part in the competitive dialogue procedure, the submission of tenders should be open to any interested party.
Studies Conducted During Phase
Prequalification Art. 37. Specifications prequalification may provide that the prequalified bidders equally assume funding of studies that the contracting institution of the State deems necessary. The contracting state institution responsible conducting these studies to independent entities.
The winner of the tender bidders shall reimburse the amount contributed by them, to finance the studies have contracted, in accordance with the preceding paragraph. Such reimbursement shall be made in accordance with the provisions of the specification for prequalification. The same obligation applies to the contracting institution of the State to desist from the bid once completed prequalification. Bidding
Art. 38.- THE CONTRACTING STATE INSTITUTION IN CONJUNCTION WITH PROESA, adopt TENDER, WHICH MUST BE APPROVED BY THE BOARD OF PROESA, PRIOR OPINION OF FAVORABLE MINISTRY OF FINANCE TAX ON THE IMPLICATIONS OF THE PROJECT, AND PRIOR OPINION OFAPP ON SERVICE LEVELS, TECHNICAL STANDARDS AND tARIFF RESPECTIVELY regime. For this purpose, PROESA REQUIRED TO BOTH INSTITUTIONS ITS OPINIONS, WHICH MUST BE ISSUED WITHIN THIRTY DAYS OVER NO. NOT issue them within the prescribed period shall be deemed favorable.
AT THE SAME TIME AND IN THE SAME TERM preceding paragraph shall transmit copies PROESA TENDER TO THE SUPERINTENDENT OF COMPETITION, THAT IN THE EXERCISE OF ITS LEGAL POWERS, issue non-binding opinion on whether TENDER MAY limit, restrict or SIGNIFICANTLY PREVENT COMPETITION.
DURING THE TENDER PROCEDURE, BIDDERS MAY MAKE CONSULTATIONS ON THE TENDER, WHICH SHOULD BE ANSWERED BY THE BIDDER entity and shall be public. (1) Tender
character and quality of participants
25 Art. 39. The tenders, without exception, have a public and international character and may participate in domestic and foreign persons who meet the provisions of the bidding, this Act, its Regulations and additional legislation.
Prohibitions Art. 40.- may not participate in the tender procedure, contracts or subcontracts or linked to it, natural or legal persons, in person or by proxy, as well as their legal representatives, in the following cases:
a) the president, vice president, ministers and deputy ministers, deputies, judges of the Supreme Court, Court of Auditors, the Supreme Electoral Tribunal, holders of state institutions, autonomous institutions or municipal, as well as their relatives within the fourth degree of consanguinity and second affinity;
B) OFFICIALS AND EMPLOYEES OF THE CONTRACTING STATE INSTITUTION OF PROESA, THE OFAPP OR SECTORAL REGULATORS; (1)
c) Those who are deprived of the enjoyment of their civil rights by a final judgment;
D) Those who have participated directly or indirectly in the preparation, review or approval of the bidding and their relatives within the fourth degree of consanguinity and second of affinity; and
e) Legal entities whose shareholders or legal representatives, are included in some of the cases referred to in previous paragraphs of this article.
These prohibitions also apply to the proponents of private initiative.
Minimum Content of Bidding
Art. 41. Bidding rules contain at least the following:
a) General description and objectives of the project Public Private Partnership;
B) Conditions for submission of the tender, including the need for filing a technical offer and a financial offer by the bidders and accreditation of legal, technical, financial bidders and their employers history;
C) a precise description of the results expected from the Public Private Partnership contract, including service levels and technical partners and risk allocation and distribution standards;
D) criteria used by the evaluation committee to assess the technical proposal and
economic offer bidders;
E) Term of the contract;
F) Requiring maintenance guarantee supply;
G) Requirement and formalities bidder affidavit saying it is not in default of the State, its autonomous institutions, municipalities where the project will be developed, and the pension system, as well as the solvency and legal backing to prove these conditions;
H) Demanding and formalities affidavit that the bidder knows and understands the national and international legislation to protect the rights of workers and their commitment to respect;
I) Requirement and formalities affidavits that the special purpose company incorporated for the purposes of this Act and its shareholders and administrators who must submit before signing the contract to establish the conditions stipulated in the two previous paragraphs, as well as the solvency and legal backing to prove these conditions; and
J) The draft contract.
Art Evaluation Committee. 42.- technical and economic offers will be evaluated by a commission to be composed of one representative of PROESA, A REPRESENTATIVE OF THE MINISTRY OF FINANCE AND TWO REPRESENTATIVES OF THE INSTITUTION CONTRACTING STATE. (1)
The members of the committee shall have specialized knowledge regarding the subject-matter of the contract and within their respective powers. The evaluation commission may also hire expert advice to be signed confidentiality agreements to provide advice.
The decisions of the evaluation committee shall be taken by three votes in the same direction.
May not be members of an evaluation committee or this expert advisors who:
a) have a criminal record or have been convicted at trial accounts;
B) have a conflict of interests with bidders or private participants in the procedure in question;
C) Be part of or interested in any litigation, act, contract or guarantees related to the subscription or execution of Public Private Partnership contracts, or related to
27 companies that are in the situation described;
D) Relatives up to the fourth degree of consanguinity or second AFFINITY WITH ANY BIDDER, WITH HIGHER AUTHORITY OF THE CONTRACTING INSTITUTION OF THE STATE, THE BOARD OF PROESA OR OFAPP; (1)
e) they have accepted inheritance, bequest or donation of any of the bidders in tender procedures; and
f) Are any members or participants of bidder. Factors
Art Award. 43. To award a contract shall be used factors, measurable and easily comparable allocation between different economic and financial proposals of the bidders. Not be used as factors award criteria weighted technical evaluations or assessments qualification or pre-qualification of bidders.
The definition of the factors and their application form will be established in the bidding. On these bases may consider using multifactor award. the use of factors that minimize government payments for private participant or the fees charged to users will be preferred.
Award factors involving private participant payments to the State, may only be used for projects involving the exploitation of natural resources or where the State provides tax or public use goods.
Evaluation of Bids and Award
Art. 44. The evaluation committee will determine the bidders whose technical proposals meet the conditions set out in the bidding. In the absence of any technical proposal that meets those conditions, the commission will recommend that the tender be declared void. If there is one or more valid technical proposals, the Commission will assess the economic proposals of the respective bidders.
The commission will assess the economic bids in response to the factors established award in the bidding and submit its recommendation to the owner of the Contracting State institution. The commission will recommend the award to the winner or in the absence of valid financial bids bidder, recommend declare the bid void. Evaluation and recommendation must be made within the time limits established for each case the bidding.
The contracting state institution approve or reject the recommendation of the evaluation commission within a maximum period of five days. In the absence of tenders, it shall declare
void the tender. Should approve the recommendation for award, will award the contract to the winning bid. Should reject the recommendation it will award a reasoned way and shall declare the procedure.
The Regulation will establish how the evaluation commission will work and how will publicity and transparency of its assessments.
The award decision will not be firm until five days after its notification to all bidders, during which period may be lodged the appeal.
Art Resource Review. 45. The aggrieved with the award decision may appeal for review with the contracting institution of the State within five days, counted from the date of the respective notification. The appellant must file the challenge guarantees for that purpose establish the bidding.
The admission of appeal it must be resolved within a period not exceeding three days from its filing. Once you admitted the appeal will be resolved by the owner of the Contracting State institution within a period not exceeding twenty days. The head of the contracting state institution may be assisted by specialists for analysis of the arguments in the appeal. The reasoned decision shall be notified to the appellant within no more than two days after being issued. The validity of the guarantees of challenge will be established in the bidding documents and in all cases must be more than thirty days from the filing of the petition for review. Guarantees challenge will be executed if the judgment is unfavorable to the interests of the appellant. The resolution of the appeal for review exhausted administrative remedies.
Special Purpose Company Art. 46. The bidder who has been awarded the contract, shall be obliged to form a corporation, a Salvadoran national, whose purpose is to carry out all activities related to Public Private Partnership contract. The capital of this company is always made up of registered shares and shall meet the other requirements under company law, this Law, its regulations and the bidding determined. You can not be part of the shareholders of this society no institution of public nature directly or indirectly.
The establishment of the company will be with the same partners, shareholders or members of the consortium and in the same proportions as they held on the grant date. In the case of individual bidders, minority shareholders will be chosen at the discretion of the first, but in no case may be other bidders who participated in the bidding, nor exceed the percentage of participation that the bidding determined. Bidding rules set out the terms and conditions from which the shareholding structure of the special purpose company can be modified.
The purpose of the company will be determined in the bidding, in accordance with the characteristics of the works or services tendered features. It will last the longest time between forward
duration of the Public Private Partnership contract over two years, or how long it should last the warranty period of the works and services to be performed.
Right to withdraw Art. 47. The institution Contracting State may withdraw from the project at any time before signing the contract for reasons of public interest and duly substantiated resolution. The exercise of this right will not generate responsibility for the state.
CHAPTER III REGIME OF PRIVATE INITIATIVE
Nature of Private Initiative
Art. 48. Private initiative will be accepted only in relation to projects:
a) whose economic NATURE HAS BEEN QUALIFIED AS SELF-SUSTAINABLE BY THE CONTRACTING INSTITUTION OF THE STATE AND THE BOARD OF PROESA; (1)
b) NOT APPLY TO WORK THAT AT THE TIME OF PRESENTATION OF DRAFT PRIVATE INITIATIVE, is under consideration by PROESA OR ANY CONTRACTING STATE INSTITUTION TO BE EXECUTED BY TYPE Public Private Partnership. For these purposes, PROESA MENTIONED AND OTHER INSTITUTIONS MUST MAINTAIN A PUBLIC LIST OF PROJECTS IN STUDIO TO BE SUBMITTED TO THIS FORM; and, (1)
c) incorporating innovative practices in the economic sector which corresponds to the project and for traditional public provision.
A project of private initiative may be submitted legal persons and all kinds of connections between them, whether national or foreign.
Competition to evaluate a project
Private Initiative Art. 49.- The prefeasibility study of private initiative, meeting the requirements established by the Regulation will be presented by its proponent before the Contracting State institution.
THE INSTITUTION CONTRACTING STATE WILL HAVE A MAXIMUM within sixty days to rule on FEASIBILITY STUDY SAID. IF THE CONTRACTING INSTITUTION OF THE STATE OF INTEREST estimated THE PROJECT shall give written notice to the proposer. IF THE CONTRACTING STATE INSTITUTION INTEREST it saw, seek an opinion BOARD OF DIRECTORS PROESA. (1)
THE OPINION REQUESTED BY THE CONTRACTING STATE INSTITUTION TO BOARD OF PROESA, BE BINDING AND MUST BE DELIVERED WITHIN NO MORE THAN FORTY FIVE DAYS. WITH POSITIVE OPINION PROESA BOARD OF DIRECTORS, THE CONTRACTING government institution shall issue a formal declaration of interest in the proposal and notify the proposer. IF THE OPINION OF THE BOARD OF PROESA be unfavorable, THE INSTITUTION CONTRACTING STATE ISSUED A STATEMENT OF INTEREST AND NOTIFY THE BIDDER. (1)
Meanwhile, they are not made and notified the respective declarations, the proponent may not unilaterally make changes or additions at the discretion of the contracting state institution substantially alter the draft presented private initiative. In that period, the contracting state institution as any other public institution and official who has knowledge of it, shall keep confidential the private initiative and are civil and administratively liable for the violation of this obligation reserve, as the case .
Feasibility Stage and Declaration of Interest
Art. 50.- STATEMENTS OF INTEREST WILL BE ISSUED BY ONCE IN TWO national newspapers, AS WELL AS IN THE INSTITUTIONAL PORTAL OF CONTRACTING INSTITUTION OF STATE AND PROESA, SO THAT OTHERS, TO THE MAXIMUM TERM SIXTY DAYS, express interest REGARDING THE IMPLEMENTATION OF AN ALTERNATIVE PROJECT falling upon aNY OF STATE PROPERTY, iDENTIFIED IN THE ORIGINAL PROPOSAL.
PROESA AND CONTRACTING STATE INSTITUTION, shall be entitled to perform activities of their own choosing PROMOTION AND HIS TRIAL ENCOURAGE THAT THE COMPETITION OF THIRD PARTIES.
INTERESTED PARTIES NOT EXIST IN THE IMPLEMENTATION OF AN ALTERNATIVE PROJECT, THE SUBMITTING THE PRIVATE SECTOR MUST BE BROUGHT THE FEASIBILITY STUDIES IN THE TERMS OF ARTICLE 32 OF THIS LAW WITHIN ONE YEAR. This period may be extended by order RATIONALE.
IF ANY ONE OR MORE INTERESTED IN THE IMPLEMENTATION OF AN ALTERNATIVE project, they should FILING A GUARANTEE THAT WITHIN NO MORE THAN NINETY DAY PRESENT A prefeasibility study. RECEIVED STUDIES, THE CONTRACTING STATE INSTITUTION IN COORDINATION WITH THE BOARD OF PROESA AND THE MAXIMUM TERM OF FORTY-FIVE DAYS THAT MUST SELECT proposal, duly supported, DELIVER THE PROJECT HAVE INCREASED PROFITABILITY THE SOCIAL. IN ADDITION, SHALL BE REQUIRED TO SUBMIT THE BIDDER RESPECTIVE FEASIBILITY STUDY IN THE TERMS OF ARTICLE 32 OF THIS LAW.
OF SET BETWEEN DECIDED IN THE CONTRACTING STATE INSTITUTION AND THE BOARD OF PROESA be notified to all bidders who took part LO.
31 RESOLUTIONS ISSUED IN THIS PROCEEDING, INCLUDING THE DECLARATIONS OF INTEREST OR INTEREST, NOT ADMIT REMEDY ANY CLAIM OR ACTION BY THE BIDDERS AND GENERATE NO LIABILITY TO THE INSTITUTION OR ANY CONTRACTING STATE OTHER PUBLIC ENTITY INVOLVED IN THE ASSESSMENT. (1)
Rights of the Offeror proposed
Art Project. 51. The bidder whose proposal was accepted private initiative, may participate in the tender procedure under the terms and conditions as other individuals, but with the following rights over other bidders:
a) The right to match the best offer, in which case will proceed to a final tiebreaker between the bidder and the bidder is left in the first place, each having a better deal in terms of the competition factor. This tie must be made no later than fifteen days after open economic offers; Y,
B) be reimbursed for expenses incurred for the development of private initiative proposal, if not prove contractor. This reimbursement shall be made by the successful tenderer if the original proponent was not the winner and must do so later cash on signing the contract. In the event that the proposer is not involved in the selection procedure referred to convene, will lose the right to seek reimbursement of expenses which have been incurred in preparing the proposal.
The Contracting State institution shall indicate in the tender the reimbursement to which entitled the proponent bidder, which must be properly supported in accordance with provisions in the Regulation.
Period in the Contracting State institution can not call Bidding
Art. 52. If the contracting state institution had issued a final resolution of declaration of no interest, you can not call for bids in relation to the draft private sector or other object that has the same or substantially similar result for a period two years from the notification of the resolution.
If the contracting state institution decides to open a tender regarding the project described in the preceding paragraph, shall recognize the proponent of private enterprise, reimbursement of expenses incurred in the preparation of the proposal, the terms provided by the Regulations of this Law. CHAPTER IV LEGISLATIVE
Power to Engage Payments Futures Exercises
Art. 53.- correspond to the EMPOWER THE LEGISLATURE EXECUTIVE BODY FOR PUBLIC TENDER ASOCIO PROJECTS INVOLVING PRIVATE FIRM COMMITMENTS AND CONTINGENT IN FISCAL YEARS AHEAD, WHICH WILL BE APPROVED AT LEAST WITH FAVORABLE VOTE half plus one of the elected deputies , WHICH WILL CONTAIN THE WORK PROJECTS OR SERVICE TO DEVELOP AND LOCATION, WITHIN THE PROJECT, THE MAXIMUM AMOUNT OF THE PROJECT, AND ECONOMIC AND SOCIAL JUSTIFICATION Public Private Partnership. CONTRACTS TO THIS PROVISION REFERS INCLUDING THE FIRM RESOLUTION AWARD SHALL BE SUBJECT TO KNOWLEDGE OF THE LEGISLATURE, WHICH WILL BE APPROVED AT LEAST WITH FAVORABLE VOTE half plus one of the elected deputies.
THE NO AUTHORIZATION BY THE LEGISLATURE NOT GENERATE PAYMENT OF ECONOMIC STATE COMMITMENTS WITH BIDDERS OR WINNERS. (1) Approval of concessions
Art. 54.- correspond to the LEGISLATURE, APPROVE CONTRACTS NOT INVOLVING COMMITMENTS AND CONTINGENT IN FIRM FISCAL YEARS AHEAD; IN THE CASE IN THESE INCLUDE PROVISION OF PUBLIC WORKS, TO ASSUME THE DELIVERY FOR A PARTICULAR TIME PARTICIPANT PRIVATE, FOR ANY CONTRACTING INSTITUTION OF THE STATE OF GOODS OR MATERIALS WORKS HAVE THE NATURE OF NATIONAL ASSETS PUBLIC USE, THE GRANTING TO BE SUBJECT TO THE APPROVAL OF THE LEGISLATURE, IN ACCORDANCE WITH THE PROVISIONS OF ART. 120 OF THE CONSTITUTION OF THE REPUBLIC.
TO THIS END, THE PRESIDENT OF THE REPUBLIC REFER TO THE LEGISLATURE, THE DRAFT CONTRACT AND SIGNED RESOLUTION AWARD BY THE INSTITUTION CONTRACTING STATE, TO PROCEED TO THE CONTRACT approval or disapproval.
IF THE LEGISLATURE NOT APPROVE THE CONCESSION CONTRACT, THIS DOES NOT CREATE ANY ECONOMIC ENGAGEMENT BETWEEN THE STATE AND PRIVATE PARTICIPANTS ARE AS BUYERS; THESE WILL PARTICIPATE IN THE RESPECTIVE ADMINISTRATIVE PROCEEDINGS ON BEHALF AND OWN RISK. (1)
TITLE V SIGNING CONTRACTS AND CONTENT OF
Public Private Partnership Sole Chapter
Form, Subscription and Contract
Contents Art. 55. The Public Private Partnership contracts will be awarded in a public document and will be concluded between the contracting institution of the State through its owner and society notably within the period provided for bidding purpose.
If elapse that period and the contract would not it be signed by the responsibility of the contractor, the contracting institution of the State shall set aside the award made, making the guarantee of maintaining supply and may award the contract to the next best bid or , should not exist, call a new public tender on the terms regulated by this Act.
provisions of the Contracts
Art. 56. Notwithstanding the provisions according to the nature of each contract are agreed, the following rules to Public Private Partnership contracts shall apply:
a) Contracts shall contain the requirements and conditions under which can authorize, at any stage of the contract, the contracting state institution, issue, transfer and disposal of shares of the special purpose company;
B) Contracts shall provide for the possibility to sell them in the exploitation phase, and must be explicit conditions to be met by the transferee company in that period;
C) Contracts shall include the possibility that the private participant can be financed through the placement of securities or bonds of any kind in a public offering market. If debt securities, may not be issued securities or bonds whose term ends total or partial redemption in post-term of the contract date;
D) Contracts shall introduce a system of contractual obligations and the penalties to be imposed as a result of the transgression of them, to be included among those resulting from the violation of the rights of workers;
E) To ensure contracts concluded, the parties may agree attachment to the rules of insurance multilateral agencies and institutions offering investment guarantees recognized. In this case, conflicts arising from such insurance shall be resolved by systems of dispute settlement established by such multilateral agencies and institutions offering investment guarantees, notwithstanding that disputes arising between the contracting institution state and the private participant, will be resolved by the dispute settlement system established in Title IX of this Act;
f) Contracts shall provide that the assets and rights acquired by the private participant in any capacity, that are sympathetic to the contract may not be sold separately, or mortgaged or subject to liens of any kind, without consent of the contracting state institution. In any case, such property will free of any charge to the Treasury domain or the contracting state institution by operation of law to the term of the contract; and
g) Contracts shall provide that the start of its term will be counted from the signing thereof between the contracting state institution and the special purpose company.
The Contract may not alter objective conditions established in the bidding. Bank Guarantees and Insurance
Art. 57. The banking, insurance and securities that must be the private participant or the contracting institution of the State for the execution of the contract and in relation to their respective obligations, securities shall be governed by the provisions of this Act, its Regulations bidding and the same contract. Special
collateralized Art. 58. In the contract, the parties may agree on the establishment of special clothing Public Private Partnership, which will be no displacement of the rights and pledged assets. These may be agreed between the private participant and financial creditors of the project or the issuance of debt of the special purpose company. The collateral may fall on:
a) The rights to the private participant arising from the contract;
B) Any payment by the State committed to the special purpose company, in any capacity, under the signed contract;
C) Income or assets of the special purpose company; and
d) The shares of the special purpose company.
This pledge must be constituted by public deed and registered in the Trade Register and shall be recorded outside the registration of the special purpose company in that register.
When this garment falls on shares of special purpose shall be recorded in the other relevant legislation ordering records.
The Public Private Partnership contract shall establish mechanisms that allow creditors to exercise their rights on guarantees, without hindering the construction work and normal
service delivery to users.
TITLE VI PERFORMANCE OF THE CONTRACT OF PUBLIC PRIVATE
ONLY ASOCIO CHAPTER
Delivery of Goods by the Concession Period
Art. 59. In the Public Private Partnership contract goods shall remain the property of the state and which will be owned by the private participant, where appropriate be specified. In any case, the assets of state-owned property will be transferred to private participants. In the Public Private Partnership contract property belonging to the following categories shall specify:
a) The goods that the private participant is required to return or transfer to the State at the end of the contract; and
b) The goods that the private participant to retain or that we may have to terminate the contract.
In implementing the Public Private Partnership agreement, participants may make private purchases of goods and services contracts at their convenience and without being subject to a specific regime procurement and contracting.
Control During Project Construction Phase
Art. 60. During the construction phase of the project, the Contracting State institution will appoint a project supervisor whose function will be to ensure compliance with the obligations relating to that stage.
The contract shall regulate the procedures for the exercise supervisor inspection and issue the appropriate instructions in the construction phase.
The project supervisor must have credentials certifying their expertise in project areas concerned and with recognized expertise in the field.
The updated log of the project will be available on the institutional website of the Contracting State institution. The bidding requirements and regulate their use.
Supervening Compensation Acts Art. 61. The private participant may not request additional information from the one considered in the bidding and the contract compensation.
However, the private participant may request compensation case, a supervening act of public authority adversely and materially affecting the financial balance of the contract occurs when the act of authority complies strictly with the following requirements:
a) to occur after the signing of the contract and has not been provided for in the bidding; and
b) Constitutes an administrative measure, a legislative or regulatory change issued after signing the contract, with specific effects for the proposed Public Private Partnership in question.
If the supervening event occurs after notification of the award, but before signing the contract, the winning bidder shall be entitled to withdraw its offer, without the guarantee of keeping it running. In this case, the Contractor is not entitled to any compensation.
The financial compensation referred to in this Article shall be expressed in one or more of the following elements:
a) pecuniary compensation provided by the State;
B) Modification of the present value of the total project revenue, if the award has been factor;
C) Alteration of the contract term, while not exceeding the maximum period provided for in this Act; and
d) Modification of tariffs or other factor of the economic system of the contract.
Development Contract Art. 62. The contract will determine mechanisms to ensure that the private participant to meet its obligations, such as:
a) The adaptation of the service to respond to actual demand;
B) The continuity and regularity of service; and
c) service availability for users under conditions that prevent arbitrary discrimination in their provision, except in cases where the bidding authorize it for reasons of public interest. Variations Compensation
37 Art. 63. THE CONTRACTING INSTITUTION OF THE STATE, WITH THE APPROVAL OF THE BOARD OF PROESA, PREVIOUSLY GRANTED POSITIVE OPINION OF THE MINISTRY OF FINANCE FROM THE PERSPECTIVE FINANCIAL AND ON OFAPP matters within its competence, MAY REQUIRE THE AMENDMENT OF THE CHARACTERISTICS OF wORKS OR SERVICES HIRED IN ORDER TO INCREASE THE LEVELS OF SERVICE AND TECHNICAL STANDARDS SET FORTH IN THE TENDER, OR FOR OTHER REASONS PUBLIC INTEREST duly supported. For this purpose, PROESA REQUIRED TO BOTH INSTITUTIONS ITS OPINIONS, WHICH MUST BE ISSUED WITHIN THIRTY DAYS OVER NO. After this period without BEEN DELIVERED OPINION, IS ASSUMED FAVORABLE. (1)
Bidding rules set the maximum amount of investment the institution Contracting State may require the private participant and the deadline for ordering the modification of the works or services. In any case, the maximum amount of these new investments may not exceed fifteen percent of the investment budget end of the work or service, as appropriate. This maximum amount will be updated to the date of the modification using the consumer price index. This modification may not be required at a later meeting the two-thirds of the term of the contract date.
The contracting institution of the State shall be entitled to conduct competitive and transparent procedures in order to make the changes outlined in the previous paragraph.
The contracting institution of the State shall compensate the private participant in these demands for change of the contract, to the extent that such changes imply adversely affect the financial balance of the contract.
The financial compensation referred to in this Article shall be expressed in one or more of the following elements:
a) pecuniary compensation provided by the State;
B) Voluntary Payments made directly to the private participant by third parties who are interested in the development of the work;
C) Modification of the present value of the total project revenue, should have been used as a factor award;
D) alteration of the contract term, while not exceeding the maximum period provided for in this Act; and
e) Modification of tariffs or other factor of the economic system of the contract. Contract Modifications
Art. 64.- THE CONTRACTING INSTITUTION OF THE STATE, WITH THE APPROVAL OF THE BOARD OF PROESA, PREVIOUSLY GRANTED POSITIVE OPINION OF THE MINISTRY OF FINANCE, FROM THE PERSPECTIVE FINANCIAL AND OFAPP ON MATTERS OF YOUR COMPETITION, MAY
AGREE WITH PRIVATE AMENDMENT PARTICIPANT CHARACTERISTICS OF WORKS AND SERVICES HIRED IN ORDER TO INCREASE THE LEVELS OF SERVICE AND TECHNICAL STANDARDS SET FORTH IN THE TENDER. FOR THIS EFFECT, THE BOARD OF DIRECTORS OF BOTH INSTITUTIONS PROESA REQUIRED TO ITS OPINIONS, WHICH MUST BE ISSUED WITHIN THIRTY DAYS OVER NO. After this period without BEEN DELIVERED OPINION, IS ASSUMED FAVORABLE. (1)
Bidding rules set the maximum amount of investment that the contracting institution of the State and the private participant may agree by contract modifications, and the maximum period within which may be made. In any case, the maximum total amount of these new investments may not exceed twenty percent of the investment budget end of the work at any stage of the contract. This amount will be updated to the date of the modification using the consumer price index.
The contracting institution of the State shall be entitled to conduct competitive and transparent procedures in order to make the changes outlined in the previous paragraph.
The contracting institution of the State shall compensate the private participant for the changes agreed in the contract, to the extent that such changes imply adversely affect the financial balance of the contract and in accordance with the terms established in the bidding. The financial compensation referred to in this Article shall be expressed in the same terms of compensation of the previous article.
Commitments and Contingent Firmes Art. 65. The commitments undertaken by the State in the Public Private Partnership contracts can be classified as follows:
a) firm commitments: are the obligations of the State to pay the private participant consideration for the realization of the acts specified in the contract. Is considered firm commitments payments:
i) periodic fees that are intended to remunerate the investment incurred by the private participant.
Ii) whose periodic fees used to compensate the operating and maintenance incurred by the private participant for the service.
B) Contingent commitments: are the potential payment obligations by the state and for private, corresponding to the guarantees granted the first, to improve the risk profile of the project and encourage private participation participant. For registration purposes will be considered only quantifiable contingent commitments.
Liquidity Fund for Public Private Partnerships
Art. 66. Believe in the Development Bank of El Salvador a liquidity fund to meet obligations arising from firm commitments and quantifiable that the state has been forced, through the signing of contracts Public Private Partnership quotas. The fund will be constituted by a separate fund for specific purposes and will be administered by the said Bank.
For the purposes of this Act, shall mean the assets of Development Bank of El Salvador, will not respond in any way, by the obligations contracted and operations carried out under the fund's resources, which constitutes special assets managed by the Development Bank of El Salvador and be independent of it.
Art Fund resources. 67.- The fund will come from:
a) An initial contribution the State;
B) Special contributions of the state and autonomous institutions to maintain at least the equivalent of one hundred percent that corresponds to the next fiscal year firm contract commitments of each fraction Public Private Partnership;
C) Special Contributions state and autonomous institutions to maintain at least the equivalent of one hundred percent of which corresponds to the next fiscal year contingent commitments that have become firm contract obligations of each fraction Public Private partnership;
D) Contributions to perform other public entities and multilateral agencies;
E) Funds for international cooperation; and
f) Profitability obtained by the administration of resources.
Special Powers Development Bank of El Salvador Resources Liquidity Fund
Art. 68. To fulfill the purposes of the fund, the Development Bank of El Salvador have the following special powers:
a) Paying who legally appropriate, charged to the fund's resources, and instruction of the institution Contracting State, the values derived from firm commitments and quantifiable that the state has been forced, through the signing of contracts Public Private Partnership quotas;
B) carry out all types of acts and enter into those contracts, agreements, operations and generally any other action that requires the exercise of its powers or
compliance with its obligations;
C) enter into contracts or agreements with other national or foreign entities carrying out activities of the same or similar purpose to the fund;
D) To invest funds only in fixed income instruments issued by the government, low risk and high liquidity;
E) Maintain any currency deposits in the Central Reserve Bank of El Salvador and authorized by the Financial System Superintendence to raise funds from the public; and
f) Hire reafianzamientos for the guarantees granted in any form.
The Regulations determine the manner of administration and aspects of their investment mechanisms, among others.
In the Budget Act budgetary resources allocated to the net replacement fund amounts that would have been used in the previous fiscal year will be contemplated.
TITLE VII SUSPENSION AND TERMINATION OF CONTRACT
CHAPTER UNICO Suspension of Contract
Art. 69.- THE CONTRACTING STATE INSTITUTION, PRIOR AUTHORIZATION BOARD OF DIRECTORS PROESA, TEMPORARILY SUSPEND THE CONTRACT MAY BY:
a) ACTS OF GOD OR DULY PROVEN MAJOR FORCE IN ACCORDANCE WITH THE PROVISIONS OF THE TENDER AND CONTRACT ; And
b) FOR ANY OTHER CAUSE THE TENDER ESTABLISH.
FOR SUSPENSION OF CONTRACT, CONTRACTING STATE INSTITUTION shall issue a reasoned decision, it shall not exceed, SUSPENSION, WITHIN FORTY-FIVE DAYS FROM COUNTED THE ISSUANCE OF SUCH RESOLUTION. THE CONTRACTING STATE MAY EXTEND INSTITUTION BY THE SAME TIME, WITH PERMISSION OF THE DIRECTING COUNCIL OF PROESA. TEMPORARY SUSPENSION OF CONTRACT NOT GENERATE ANY RESPONSIBILITY FOR CONTRACTING STATE INSTITUTION. (1) Termination of Contract
41 Art. 70.- The Public Private Partnership contract will end by:
a) Deadline or compliance with any conditions precedent stipulated in the contract;
B) ABANDONMENT OF PROJECT OR GRAVE BREACH OF CONTRACTUAL OBLIGATIONS, DEFINED IN THE TENDER, DECLARED BY THE CONTRACTING STATE INSTITUTION, PRIOR APPROVAL OF BOARD OF PROESA; (1)
C) Acts of God or force majeure, duly verified, according to the terms of the bidding and contract;
D) Term anticipated by the public interest;
E) Mutual agreement; and
f) Other causes stipulated in the bidding and the contract.
If the fortuitous event or force majeure event, would affect only partial fulfillment of contract obligations, and as the rest of the contract is subject compliance, parties to agreements pursuant as defined in the contract, adjustment of legal, technical and economic terms of the contract, to bring it into compliance with the remaining obligations.
Early Termination of Contract for Public Interest
Art. 71.- if the public interest so requires, the contracting institution STATE MAY ADVANCE TO THE CONTRACT halt. IT MUST APPLY FOR THE APPROVAL OF THE BOARD OF DIRECTORS OF PROESA, who may grant it PRIOR OPINION OF FAVORABLE MINISTRY OF FINANCE FROM THE PERSPECTIVE FINANCIAL AND OFAPP, ON matters within its competence. COMPLETION IF requested shall MEETS SOME of the following reasons: (1)
a) That the work or service they became unnecessary for the satisfaction of public needs that motivated the Public Private Partnership project; and
b) That the work or service redesign or complementation be demanded, so that the additional investments needed to bring the work to the new conditions, exceed twenty percent of the initial budget for the work or service, and it is shown that the economic and social benefits outweigh the cost to the State would lead to the early termination. This amount will be updated to the date of filing of the application for approval, using the consumer price index.
The resolution declaring the early termination, specify the term and conditions under which the private participant must deliver the work or service to the contracting state institution. In all cases, the private participant is entitled to compensation. I associate contracts Public
42 should stipulate the criteria and procedures for calculating such compensation, under penalty of nullity.
Early Termination for New Tender
Art. 72.- ORDER TO INCREASE AND IMPROVE SERVICE LEVELS TECHNICAL STANDARDS PROJECT, THE CONTRACTING INSTITUTION OF STATE AND PRIVATE PARTICIPANT thereof may terminate the contract by mutual agreement. For this purpose, they SHOULD SEEK APPROVAL TO THE BOARD OF DIRECTORS OF PROESA who may grant it PREVIOUSLY FAVORABLE OPINION OF MINISTRY OF FINANCE FROM THE PERSPECTIVE FINANCIAL AND OFAPP, ON matters within its competence. Once this APPROVAL, THE INSTITUTION CONTRACTING STATE MUST CARRY OUT A tender for a new contract, based on the same project. IN ALL CASES, THE ORIGINAL CONTRACT SHALL CONTINUE IN EFFECT UNTIL THE BEGINNING OF THE NEW TERM. (1)
The early termination for rebid, proceed during the operational phase, having spent two thirds of the term of the original term of the contract and when the project I require redesign or complementation, so that the necessary additional investments to adapt to the new conditions, exceed twenty percent of its initial budget. This amount will be updated to the date of submission of the request for termination, using the consumer price index. The contracting state institution will hold a new tender in terms of this Act and the private participant may compete in it.
In all cases, the private participant agreed early termination for rebid, shall be entitled to compensation for the termination of the contract using the criteria and procedures to which the preceding article, which will be laid in the Public Private Partnership contracts, under penalty of nullity.
The private participant shall provide the Contracting State institution, all the information necessary for the development of the bid competitively.
Grave Breach or Abandonment Project
Art. 73. In accordance with the terms stipulated in the contract, the contracting institution of the State shall declare the termination of the contract, in case of serious breach of contract or abandonment of the project by the private participant. The contracting institution shall appoint an auditor of the State which shall have the powers to ensure compliance with the Public Private Partnership contract. This controller must fulfill its obligations with the diligence of a good trader will respond own business and civil, criminal and administrative for the acts or willful or negligent that may be incurred in the performance of their duties omissions.
WITHIN ONE HUNDRED EIGHTY days after STATEMENT OF BREACH OR ABANDONMENT, THE INSTITUTION CONTRACTING STATE SHALL APPOINT A NEW PRIVATE PAYROLL PARTICIPANT OF A PROPOSAL BY THE MAJORITY OF CREDITORS. MEMBERS OF SUCH PAYROLL BE SATISFIED WITH THE REQUIREMENTS
SET FORTH IN THE TENDER, WHICH MAY BE MODIFIED REQUIREMENTS RESOLUTION BY THE BOARD OF PROESA, UNDER NEW BACKGROUND revealing INSUFFICIENT ORIGINALS. (1)
IF THE REPLACEMENT HAS NOT PERFORMED IN THAT TIME, THE INSTITUTION CONTRACTING STATE tender CONTRACT BY REMAINING TERM OR FOR A NEW ONE UPON APPROVAL BOARD OF DIRECTORS PROESA. (1)
The declaration of default will enforceable guarantees that are established in this Act, the Regulation and the contract.
Art. 74. The reception procedure must be established in the contract, taking into account the nature of the project.
The contracting institution of the State shall ensure that compliance with the provisions for each case in the bidding and the contract, the private participant:
a) Deliver the goods that are required to return or transfer to the State to contract term
b) Transfer the technology used in the work, good or service in question and the innovations therein;
C) Provide timely training of civil servants corresponding, as successors in operating activities and maintenance of services and infrastructure; and
d) Provide support services, advice and resources, including the provision of spare parts, when necessary, for a reasonable period to be determined in the bidding, from the delivery of infrastructure to the institution Contracting State.
Liquidation Art. 75.- The contracting state institution, according to the procedure laid down in the contract, will make its settlement and establish the amount of the payments or receipts to be made to the private participant.
The contracting state institution should also note that the private participant has completed its work obligations and has made the necessary for the fulfillment of those restaren until the end of the contract provisions. TITLE VIII
44 CHAPTER UNICO AUDIT Audit
Art. 76.- The OFAPP be responsible for technical monitoring compliance with the obligations under the Act, in the bidding and contracts for public private partnership during the operational phase of the project. The audit shall be imposed on service levels, the tariff regime and the rights of users, in accordance with the bidding and contract.
The audit powers granted in this Act shall be construed not impair the constitutional and legal powers of the Court of Accounts of the Republic or of the powers conferred on the Ministry of Finance by other laws.
Art. 77. FOR PURPOSES OF CONTROL OF THE LEVELS OF SERVICE, OFAPP should verify compliance OF TECHNICAL STANDARDS LINKED TO THOSE LEVELS IN ACCORDANCE WITH THE REQUIREMENTS OF THE TENDER AND CONTRACT. IMPLEMENT FURTHER BE PROESA for breach of their obligations PENALTIES IN ACCORDANCE WITH THE PROVISIONS OF THE AGREEMENT. (1) Tariff Regime
Art. 78. The OFAPP should regulate and approve, in accordance with the existing legal regime, the rates are applicable for the use of public works or the provision of public service. In addition, you should check that the user fees applicable to regulations and approved.
Services whose prices are not regulated, subject to the provisions of the contract.
Users' rights Art. 79. The rights of the users of the services:
A) Use the service in accordance with the levels pledged by the private participant;
B) Access to accurate, complete and timely information associated with the exploitation of a work or service under the terms of this Act;
C) receive a proper without arbitrary discrimination by the private participant and the Contracting State institution treatment;
D) To receive information about the services that the private participant grants, in order
have the option to fully use;
E) Receive information about any circumstance that alters the normal use of works or services and complementary services;
F) Know the tariff regime approved and amended;
G) Obtain timely by the private participant and the Contracting State institution response, compared to their queries, questions or requirements;
H) Complain to the OFAPP violations of their rights, in accordance with the procedure under this Act and its Regulations, without prejudice to its rights before the competent institutions for consumer protection; and
i) To formulate suggestions it deems pertinent, founded terms, aimed at improving service delivery.
It will be up to OFAPP verify compliance with the obligations of the private participant and the Contracting State institution for the users of the good or service, and inform the Consumer Protection in the event of breaches of the rights of users.
Duties of Members Art. 80.- The duties of service users:
a) Pay the appropriate fee;
B) Pay for additional services they receive, as appropriate;
C) Use the work and services, while respecting existing legislation;
D) To avoid damage to the work or infrastructure which services are rendered by responding to slight negligence;
E) Paying for the damages caused to the work and its facilities and infrastructure to be used for the provision of services, a fact that is attributable to them; and
f) to pay for damages caused to third parties during the use of the work or infrastructure.
Control Art Contribution by. 81.- The OFAPP receive contributions from private participants share control concept. The conditions of these contributions will be established in the bidding and contract
each case, and shall not exceed one percent of the value of gross annual turnover of each project.
Power to require information to the audited People
Art. 82.- The OFAPP shall be entitled to require the contracting institution of the State and the private participant, the information necessary to exercise its powers of oversight related to contracts Public Private Partnership.
The private participant and the Contracting State institution shall inform the OFAPP of any relevant facts regarding the audited activity, no later than three days after becoming aware of it, even if not brokered any requirement of that institution.
For purposes of the preceding paragraph shall be construed as relevant any fact that might seriously affect service levels of the Public Private Partnership projects.
Art School of access. 83.- The regular members, alternates and delegates OFAPP, as appropriate, in the exercise of their supervisory functions, have free access to works, their dependencies and generally any building or facility of the private participant and the Contracting State institution, aimed directly at the exploitation of the work or service subject to control, trying not to interfere with it the normal development of the activity. The dulling of these functions will be duly punished.
Power to subpoena
Art. 84. The OFAPP may subpoena the officers, directors, managers, consultants and dependent private participant and the institution Contracting State and witnesses about some fact whose knowledge deem necessary for the performance of their duties. This statement shall be recorded in the minutes, which must be signed by the summoned to testify by the official authority which has said.
Address Faculty of user complaints
Art. 85. The OFAPP should address the claims submitted by users for violation of their rights within a period of thirty days. The resolution of the complaint, favorable or unfavorable, reasons shall be given in writing to the user by sending a copy thereof to the contracting authority of the State and the private participant.
Issued the order, the user can review an appeal, which must be resolved by the OFAPP in the maximum period of fifteen days.
Audit Function Art. 86.- The OFAPP may perform technical audits to the contracting institution of the State and the private participant for the sole purpose of verifying compliance with its legal and contractual obligations. The audit procedure shall be governed by the Regulation. Instructing Function
Sanctions Procedures and Penalties Tax
Art 87.- THE SANCTIONS TO IMPOSE OFAPP CONTRACTING STATE INSTITUTION PARTICIPANT OR PRIVATE, as appropriate, for their responsibility in the following offenses:.
A) serious infringements:
i) HINDER THE FUNCTIONS OF SUPERVISION THE OFAPP.
Ii) NOT APPEAR Justifiably YOUR PERSONAL APPOINTMENTS REFERRED TO BY THE OFAPP.
Iii) NOT ATTEND IN prescribed period, INSTRUCTIONS AND INFORMATION REQUIREMENTS MADE BY THE OFAPP.
Iv) VIOLATE RIGHTS OF USERS ESTABLISHED IN THIS LAW.
V) REFUSE TO PROVIDE INFORMATION REQUIRED BY OFAPP.
B) VERY SERIOUS VIOLATIONS:
i) providing false information.
Ii) PROCEED TO COLLECT THE RATES NOT REGULATED.
THE GRAVES penalties for infringements consist FINES THAT WILL ASCEND HUNDRED TWENTY-FIVE TIMES A MONTH MINIMUM WAGE IN EFFECT OF TRADE AND SERVICES SECTOR. SANCTIONS FOR VERY SERIOUS BREACHES consist FINES THAT MAY CLIMB OF FIVE HUNDRED ONE A THOUSAND TIMES THE MINIMUM WAGE MONTHLY CURRENT TRADE SECTOR AND SERVICES WHOSE DETERMINATION THE OFAPP MUST HAVE THIS MAGNITUDE OF DAMAGE CAUSED BY THE BREACH, RECIDIVISM OF VIOLATION, THE BENEFIT RESULTING FROM THE BREACH AND ECONOMIC CAPACITY OF oFFENDER.
48 SANCTIONS WILL BE IMPOSED, REGARDLESS OF SHARES THAT THE AFFECTED MAY EXERCISE AGAINST LIABLE TO EFFECT TO REPAIR DAMAGE CAUSED DIRECTLY BY THE INFRINGEMENT, IF ANY.
CONTRACTS Public Private Partnership ALLOWED FOR THE AMOUNT OF PENALTIES TO BE RESULT OF BREACH OF CONTRACTUAL OBLIGATIONS EMINENTLY.
THE OFAPP DURING THE PHASE OPERATING, IMPOSE SANCTIONS FOR BREACH OF LEGAL OBLIGATIONS OR PENALTIES FOR BREACH OF CONTRACTUAL OBLIGATIONS PRIOR ADMINISTRATIVE PROCEDURE TO BE START OF CRAFT or upon request.
INITIATED THE PROCEDURE, THE OFAPP must notify CHARGES FOR ALLEGEDLY RESPONSIBLE PARTY, WHO WILL HAVE WITHIN FIFTEEN DAYS COUNTED FROM notification to submit relevant DISCLAIMERS AND TEST. EXPIRED the time allowed for this purpose, the OFAPP SHALL NOTIFY YOUR RESOLUTION AND GIVE WITHIN FIFTEEN DAYS.
OF THE RESOLVED BY THE OFAPP, may be lodged TO REVIEW THE SAME AGENCY, within no more than five days as from the notification RESOLUTION. THE OFAPP SHALL NOTIFY THE RESOLVE AND REMEDY a maximum of fifteen days FROM FILING OF THE SAME. WHAT WORKED IN REVIEW RESOURCE EXHAUSTED BY SHALL THE ADMINISTRATIVE ROUTE. (1) Approval of the Manual
Art. 88. It shall be the Contracting State institution, approve the manual service rendered by the private participant. To grant such approval, you must have the approval of OFAPP, at least the following subjects:
a) The description of the rights and obligations of users;
B) Levels of Service Public Private Partnership project; and
c) The rules on user complaints.
The service manual, once approved, it will be published in the institutional portal OFAPP. Records
Studies and Art. 89.- The OFAPP develop analyzes and studies on matters of their competence and at least once a year, on user perceptions about the quality of services projects are under exploitation. Studies carried out by the OFAPP must be published on its website
The OFAPP should develop comparative studies on the various features and factors operating activity of services, especially in relation to quality and price.
The OFAPP may conclude cooperation agreements with other public institutions or private non-profit, for the purpose of gathering information, enhance the dissemination of the rights of users and expand and facilitate reporting of possible routes breaches of benefits or violations of user rights.
In addition, the OFAPP take a representative index of the continuity of service of private participants.
The OFAPP draw up a list of private participants, on the basis of the claims filed by users that are favorably received, the results of the surveys and the index of continuity of service referred to in this article. The Regulations establish the criteria and guidelines for developing this payroll.
Function Broadcast Rights of Users
Art. 90.- The OFAPP and Consumer Protection Directorate, disseminated regime user rights for each type of Public Private Partnership project which is within its jurisdiction.
To fulfill the obligations established in this article, the OFAPP and Consumer Protection, must publish this information in its institutional portal, without prejudice to the other diffusion mechanisms established. Function
issue instructions Art. 91.- The OFAPP may instruct the contracting institution of the State and the private participant for them to take the necessary measures to fully comply with obligations under this legislation and contract.
TITLE IX DISPUTE RESOLUTION CHAPTER UNICO
Dispute Resolution Regime
Art. ALL CONTRACT 92.- Public Private Partnership may provide NATIONAL OR INTERNATIONAL MECHANISMS FOR RESOLVING DISPUTES ARISING FROM THEIR INTERPRETATION, APPLICATION OR PERFORMANCE. These mechanisms should include at least one direct settlement stage STAGE AND A SPECIALIST TO A DESK, A EFFECT OF THE PARTIES TO ATTEND THE SEARCH FOR A PROMPT AND EFFECTIVE SOLUTION TO THE DISPUTE. (1)
The rules contained in Article 93 of this Law, and following of this Chapter shall also apply when the parties do not agree on a different mechanism in the Public Private Partnership contract.
In any case, may not be known by alternative mechanisms to ordinary jurisdiction, disputes concerning:
a) Issues which has resulted in a final judgment;
B) labor issues;
C) EXERCISE OF ROL auditor and tax SANCTIONS BY SECTOR REGULATORS OFAPP O; and, (1)
d) The exercise of the rights of the contracting state institution to terminate the contract in advance, abandonment or severe breach of the obligations of the private participant or the public interest.
Direct Agreement and Specialist Mesa
Art. 93. The contractual parties initially seek to resolve their disputes through direct settlement, any of them may apply in writing to the other, once the points are identified in discord. The date of receipt of this application shall signal the start of direct settlement.
If from the date of receipt of the request for direct settlement proceed within thirty days without achieving full agreements, the parties are obliged to appoint each a specialist in the subject on which versaren points in discussion. Specialists have a period of sixty days after the appointment of the last specialist to propose to the parties ways to resolve differences that have not been overcome in the direct settlement stage. Each specialist's fees will be covered by the party that appoints.
The terms referring to the two preceding paragraphs may be extended by mutual agreement, to the extent that the parties require appropriate consultations on the legality and feasibility of the terms of a possible solution.
Home Arbitration Art. 94.- Once avenir tried the interests of the parties through direct negotiation and intervention specialists table, without any reached agreement on all the differences, the parties shall proceed to integrate an Arbitral Tribunal to hear unresolved elements. Nature of Arbitration
51 Art. 95.- The Arbitral Tribunal will decide disputes according to law.
Of the Arbitral Tribunal
Art. 96.- The Arbitral Tribunal shall consist of three professionals in legal sciences; two of them will be appointed by each of the parties and the third will be appointed by mutual agreement, and develop the functions of chairman of the Arbitral Tribunal. Once the third arbitrator accepts the appointment, it is deemed to commence arbitration.
Remuneration Art. 97.- The members of the Arbitral Tribunal, regardless of the manner in which the appointment is made, be paid by the contracting institution of the State and the private participant, equally. Likewise they shall be borne handling costs of arbitration. Rules
Art arbitration procedure. 98. In following the acceptance of the appointment of the arbitrator last ten days, the party promotes arbitration shall submit its application to the Arbitral Tribunal, which received, it shall immediately transmit it to the respondent, who will have ten days to submit his reply, exceptions or counterclaim, as the case. Presented what shall be conveyed to the applicant to decide within ten days. If exceptions raised against the counterclaim, shall be given to the other party in the form and terms of the principal claim.
The claim, defense, counterclaim exceptions and must be added all the documentary evidence is to apply; if they do not, their contents and where it is located is indicated, and their incorporation will be asked to process.
If that whoever promotes arbitration proceedings does not submit its application within the scheduled time, the Arbitral Tribunal shall terminate its functions and return the proceedings in order that the parties promote their action before the ordinary courts. In case of lack of response to the application, there will be no acknowledgment or declaration of rebellion, so that the process shall proceed.
Vencidos the above deadlines, the referees will cite the parties to a conciliation hearing. If agreement is reached, the arbitrators shall terminate the proceedings, the parties may request the Arbitral Tribunal, the settlement reached is elevated to the status of final award.
Not reached full agreement of the claims, it will continue with the process in making regarding the evacuation of the evidence, which, except for the documentary character shall be performed at a hearing convened for the purpose, and should occur within a maximum period of thirty days from the date of the response to the claim or counterclaim.
Evacuated tests, referees will request the parties to submit a written summary of their arguments, which verified, the referees will proceed to issue the award, bearing in mind that
arbitration proceedings shall not be later than ninety days after the acceptance of the appointment of the last arbitrator.
Evidentiary Rules Art. 99.- The Arbitral Tribunal shall have the sole power to determine the admissibility, relevance and value of the evidence. Similarly, you can declare unofficially, when deemed necessary, taking evidence of any kind.
Referees should analyze the evidence and assess them according to the rules of sound judgment. Expert Opinion
Art. 100. Discrepancies technical or economic nature that occur and are part of the dispute subject to the decision of the Arbitral Tribunal may be submitted to the consideration of one or more experts. The Regulations shall establish the qualification requirements, the formalities for appointment and parameters for the compensation of experts.
Arbitral Award Art. 101.- The award shall act in writing and shall indicate:
a) Place and date;
B) Name, nationality, address and generals of the parties and the arbitrators;
C) The issue referred to arbitration and a summary of the arguments and conclusions of the parties;
D) The assessment of the evidence;
E) The resolution must be clear, precise and consistent with the demands and other filings as may arise in litigation and decide all disputed points have been the subject of debate. When they shall have been several, will, with due separation, the corresponding statement to each of them, keeping the corresponding logical order; and
f) Determining the costs of the proceedings, if any.
The award may be adopted unanimously or by simple majority vote and will be signed by the arbitrators.
The award, authenticated by a Notary, you have the same force and validity as enforceable and passed on res judicata, and shall be notified to the parties at the hearing sentence
53 referees will quote for purposes of dictate, whether or not these attend that hearing. A copy of the award will be given to each of the parties.
The award is subject to clarification, addition or correction and will be firm once such proceedings are concluded, when applicable. Within the following notification of the award to the parties five days, they clarification of its operative part, addition may ask when an end the dispute had remained unresolved, or correction miscalculations, clerical or typographical errors and may the referees realize it unofficially. The Court should clarify, supplement or correct the award, if it be the case within a period not exceeding seven days from the respective application. Against the award or any of the decisions referred to in this article can not be appealed to.
Temporary Suspension and Discontinuance of Arbitration
Art. 102. The parties, by agreement, may at any time before the award was rendered, agree the temporary suspension or withdrawal of the arbitration.
Suspension will proceed further in case of death, resignation, more temporary incapacity of fifteen days, permanent incapacity or removal of an arbitrator, until it has been replaced and the designated arbitrator has accepted the position. In either case, the term of suspension of the process is not taken into account for purposes of calculating the maximum duration of the arbitration process and therefore should be granted in full.
Administrative Suspension or
Art Works Actos. 103. During the course of the arbitration proceedings, the parties may request the suspension of the proceedings of the other party before the Arbitral Tribunal. You can not request the suspension before any other judicial or administrative, ordinary or special authority.
The request prior knowledge of the counterparty is processed, and for its application must be serious reasons and qualified and attend the following circumstances:
a) the potential loss or irreparability the right claimed should not be credited adopted the measure; and
b) surrender sufficient security to answer for damages arising and fines imposed.
Notwithstanding the foregoing, the Arbitral Tribunal in any case, may authorize or order the cessation of construction works or the provision of public service for more than thirty days term, either directly or by suspending the effects of any related performance. The Court may extend the period prescribed for an equal period if it considers that the circumstances that led to the measure and not the public interest is affected remain.
ONLY CHAPTER TITLE X MISCELLANEOUS PROVISIONS
Special Character Art Law. 104. The provisions of this Act, for its specialty, which prevail over any other general or special character regulating the same subject, notwithstanding the supplementary application of such standards in matters not covered in this and are not incompatible with its provisions. For its repeal or amendment, it must be expressly stated. Deadlines
Art. 105. All time limits contained in this Act shall be of business, except days where otherwise expressly stated.
BREACH OF THE TERMS SET FORTH IN THIS LAW SHALL BE EQUIVALENT fined FOUR EXISTING MINIMUM WAGES TRADE AND SERVICES SECTOR BOARD OF DIRECTORS PROESA UNDER THE PROCEDURE UNDER ART. THIS LAW 87 on the report of OFAPP. THIS WILL BE FINE IMPOSED TO OFFICIALS RESPONSIBLE EMPLOYEES OR BREACH OF LEGAL deadline. (1)
PUBLIC REGISTRY PROJECT Public Private Partnership (1)
Art. 105-A.- PROESA CREASE IN PUBLIC REGISTRY PROJECT Public Private Partnership, IN WHICH PROJECTS record all running under CONTRACTUAL CONDITIONS SET FORTH IN THIS LAW.
REGISTRATION WILL HAVE A PUBLIC CHARACTER AND ENSURING ACCESS EXPEDITO PROESA BE YOUR INFORMATION AND CONTINUING THROUGH YOUR MAIL THROUGH INSTITUTIONAL PORTAL IN ATTENTION TO THE PROVISIONS OF THE LAW OF ACCESS TO PUBLIC INFORMATION.
This record entered ALL PUBLIC PROJECTS Partnerships PRIVATE AND DOCUMENTATION, INCLUDING, THE TENDER, prefeasibility studies, feasibility studies, cost-benefit analysis, AWARD RESOLUTIONS, AND CONTRACTS AS AMENDED, THE SPECIAL CLOTHING SET FORTH UNDER THIS LAW rEJECTED PROJECTS, PROJECTS APPROVED PROJECTS eXECUTED, prequalified BIDDERS FOR EACH TENDER AND FOR THOSE prequalified consulting and advisory PERITOS, REFEREES AND SUPPLIERS. (1) Implementing Regulation
Art. 106. The Regulation referred to in this Law shall be issued within one hundred twenty days from the effective date thereof.
Art. 107. This Act shall come into force eight days after its publication in the Official Journal.
GIVEN IN THE BLUE ROOM OF THE LEGISLATIVE PALACE: San Salvador, on the twenty days of the month May of the year two thousand and thirteen.
OTHON Sigfrido Reyes Morales, president.
ALBERTO ROMERO ARMANDO RODRIGUEZ, GUILLERMO ANTONIO NAVARRETE GALLEGOS, FIRST VICE. SECOND VICE PRESIDENT.
MERINO JOSE FRANCISCO LOPEZ, FRANCISCO ROBERTO DURAN LORENZANA, THIRD VICE. FOURTH VICE.
ROBERTO JOSE d'Aubuisson MUNGUIA, FIFTH VICE.
PEÑA LORENA GUADALUPE MENDOZA, CARMEN ELENA CALDERON DE ESCALON, First Secretary. Second Secretary.
SALGADO SANDRA MARLENE GARCIA, JOSE RAFAEL MACHUCA Zelaya, Third Secretary. Fourth secretary.
IRMA VASQUEZ PALACIOS LOURDES, MARGARITA ESCOBAR, FIFTH SECRETARY. SIXTH Secretariat. JOSE FRANCISCO
ZABLAH SAFIE, REYNALDO ANTONIO LOPEZ Cardoza seventh Secretary. EIGHTH SECRETARY.
PRESIDENTIAL HOUSE: San Salvador, on the fourth day of June of the year two thousand and thirteen.
Published, Carlos Mauricio Funes Cartagena
, President of the Republic.
Juan Ramon Caceres Carlos Enrique Chavez, Minister of Finance.
Jose Armando Flores German Minister of Economics.
Tomo OJ No. 102 No. 399 Date: June 5, 2013 JQ
07/09/2013 JCH REFORM:
(1) DL No. 666, 25 APRIL 2014 DO No. 90, T. 403, 20 MAY 2014 REGARDING PROVISION
DL No. 663, 9 APRIL 2014, OJ No. 93, T. 403, 23 MAY 2014 | || FN 07/02/14 14/07/14 JQ
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