DECREE No. 234 THE LEGISLATURE OF THE REPUBLIC OF EL SALVADOR, CONSIDERING
I.- accordance with Article 53 of the Constitution, the State is obliged promote research and scientific work, in order to contribute, in a sustainable way, the social, economic and environmental development.
II.- That is paramount provide the country with institutional and legal mechanisms to promote research, as scientific and technological work and promote innovation.
III.- must create the right conditions for science and technology, constitute relevant factors in efficiency
those sectors where the scientific and technological progress have an impact on their development, and consequently, contribute to the enrichment of culture and raising the living standards of the Salvadoran population.
IV.- That systematic analysis and new knowledge to enrich the scientific and social reality of the country search requires
benefits of science and technology are projected in the economic, social and environmental fields the country to form in this century an integrated, sustainable and society struggling in their own development, inserted in a
global, national identity and economy own culture; being necessary, assist in the significant boost to government programs aimed at promoting scientific, technological research and stimulate innovation, in order to
involve all key actors in development, especially higher education institutions, institutes national, schools, among others, harmonizing its work with public and private organizations dedicated
scientific, technological and innovation development and the productive sector.
V. That by Legislative Decree No. 790, dated July 21, 2011, published in the Official Journal
No. 158, Volume No. 392, of August 26 the same year, the Law of Creation was issued Salvadoran quality System, which repealed certain articles of the Law on the National Council of Science and Technology in
terms of quality, because that power was granted to the National quality Council, an autonomous institution created in the same , so it becomes necessary, due to the above in the previous paragraphs, pass a
Law conducive timely scientific and technological development in the country, repealing accordingly and all manner Legislative Decree No. 287, dated July 15, 1992, published in the Official Gazette No. 144, Volume No. 316, dated
August 10 the same year.
in exercise of its constitutional powers and initiative of the President of the Republic, through the Minister of Education
DECREES the following:
LAW AND SCIENTIFIC DEVELOPMENT
TECNOLOGICO CHAPTER I SCOPE AND NAMED
Art Object of the Act. 1. This Act is to establish the guidelines for the development of science and technology
, by defining the instruments and institutional mechanisms and key operational for the implementation of a National Policy Innovation, Science and Technology through the implementation of a National Plan for Science and Technology, which constitutes the framework
National Research Agenda. Denominations
Art. 2. In the body of this Act the following names are used:
a) MINED: to refer to the Ministry of Education;
B) VICE: to refer to the Department of Science and Technology;
C) CONACYT: to refer to the decentralized unit of the Ministry of Education;
D) TIP: to refer to the National Council of Science and Technology;
E) LAW: to refer to the Law on Scientific and Technological Development;
F) POLICY: to refer to the National Policy Innovation, Science and Technology;
G) PLAN: to refer to the National Plan for Science and Technology;
H) SNICT: to refer to the National Innovation System, Science and Technology; and,
i) OBSERVATORY: to refer to the National Observatory of Science and Technology.
CHAPTER II NATIONAL POLICY OF INNOVATION, SCIENCE AND TECHNOLOGY
Higher Authority for Science and Technology
Art. 3. The Government of the Republic, through the Vice Ministry, will be the lead agency in science and technology, and responsible for coordinating with institutions and key actors in the country, formulation, implementation, periodic review and updating of the Policy with advances in that matter, which will form the basis for the development of the Plan.
Art. 4. In the policy guidelines and strategies to guide scientific and technological activity, to increase the country's capacity to generate, use, dissemination and transfer of knowledge, thus promoting sustainable economic, social development shall be defined and environmental
the short, medium and long term.
The Vice promote and encourage the implementation of the policy, plan, program, strategy
and activities aimed at scientific and technological development, and support processes that promote innovation in the country. Creating
Bodies and Representation Art. 5. The MINED, at the initiative of the Vice Ministry, will create centers and research institutes
science and technology, technology parks, as complex technological and productive innovation, promote innovation processes.
The Vice Ministry will have national representation in science and technology agencies, national and international and may delegate this representation to one of its units dedicated to the subject, when deemed appropriate.
CHAPTER III NATIONAL PLAN OF SCIENCE AND TECHNOLOGY
Object of Art Plan. 6. The Plan shall be the chief instrument of planning scientific and technological development
to guide the management of the Salvadoran State in the education system and transversely with other government entities, private companies and nongovernmental organizations, in accordance with Government Policies. It should be estimated in the Plan, the resources needed to implement the actions
Action Lines Art. 7. In the Plan substantive inputs coming from different sectors of society
, in order to enrich its content, which will have a five-year term and shall include the objectives to be achieved in the short term will be incorporated, five years; medium-term, long-term ten years and twenty years; including the priority areas of development and, among other actions, to guide
a) Educate and train professionals to advanced level in science, technology and innovation;
B) To promote communication and dissemination of scientific, technological and innovation information;
C) Support the establishment of a National Innovation System, Science and Technology, in coordination with other government agencies;
D) Using information and communications technology (ICT) to promote scientific and technological development of the national education system;
E) Contribute to the creation of a research infrastructure in science and technology to promote innovation; and
f) Manage the necessary financial instruments and tax incentives made available to the agents executing the Plan.
Art Content Plan. 8. The Plan will define the objectives in science and technology, serving
guidance and support to efforts in science and technology to non-governmental institutions national education system, other government entities, private companies and agencies depending on foreseeable needs and available resources.
End of Art Plan. 9. The Plan will seek the generation of knowledge and the advancement of scientific development and technological
to promote processes that lead to innovation. It also will seek to improve the quality of teaching and the promotion of scientific and technological research in all educational levels.
Specialized Unit Art. 10. THE MINED can create within its administrative structure
a specialized unit which will aim to be an implementing agency and state executor of national policies on science, technology and innovation support development.
CHAPTER IV NATIONAL SYSTEM OF INNOVATION, SCIENCE AND TECHNOLOGY
Art System. 11. The SNICT is the set of public, private, business institutions,
University of El Salvador, private universities, organizations and structures that coordinate, implement, develop and evaluate actions and functions to innovate, develop skills as a result of processes scientific learning, experience, technological infrastructure, measures and actions that are implemented to promote, develop and support research, development and innovation in all fields
economy and society.
System Powers Art. 12.- The powers of the following National Innovation System, Science and Technology:
A) Explore, investigate and propose continuously, visions and actions on the intervention of the country in the internments scenarios and impacts and international opportunities for El Salvador on issues related to science, technology
B) To promote the improvement of productivity and national competitiveness;
C) Ensure the generation, transfer, adaptation and improvement of scientific knowledge, technological development and innovation in the production of goods and services for
regional, national and international markets;
D) Research and innovation in science and technology;
E) promote the integration of scientific, technological and innovative national culture, to achieve social appropriation of science culture, technology and innovation in the country
F) Articulate the supply and demand of existing knowledge in the country to respond to national challenges;
g) To encourage and stimulate the development of innovation, science and technology;
H) To enhance the relevance and competence development in innovation, science and technology, identified with the country's needs; and,
i) To promote efforts to ensure financial resources in order to drive innovation to support the development of science and technology.
Coordination Art. 13.- The Vice Ministry will act as promoter and coordinator of SNICT in
aspects of scientific and technological development that promote technological innovation in the national productive system, for which it will have the support of their units dedicated to the subject.
System Components Art. 14. THE SNICT shall consist of the set of centers, institutions, organizations and bodies of the public and private sector, research institutions and higher education,
whose activities fall within the field of science and technology or devote a percentage of its budget and human capital to scientific, technological and innovation activities.
CHAPTER V NATIONAL OBSERVATORY OF SCIENCE AND TECHNOLOGY
Art Establishment of the Observatory. 15. The Observatory will be established as a specialized unit that
MINED responsible for the collection, processing, analysis and dissemination of statistical information and studies from each of the units and institutions dedicated to innovation, science and technology.
Purposes of Art Observatory. 16. The Centre shall for the following purposes:
a) Research on the status and dynamics of science and technology;
B) To analyze, evaluate and disseminate knowledge;
C) Design indicators on science and technology;
D) Collect, organize and analyze information as a basis for decisions on policy research and technological development;
E) Identify causalities and prospective studies to apply knowledge of science and technology activities established as priority for the benefit of society; and
f) Establish mechanisms and develop assessment instruments for fulfilling the objectives set out in this Act.
CHAPTER VI FINANCING DEVELOPMENT OF SCIENCE AND TECHNOLOGY
Financing Art. 17. The Government of the Republic assigned to the Vice Ministry of Science and Technology, the Budget Branch of Education, funds for the implementation of this Law, which will serve to strengthen
units that are created with this law, both in its operational structure and human capital.
Budget and Wage System Art. 18. The CONACYT prepare its annual operating budget and investment, as well as his regime
wage and submit it to MINED for approval and inclusion in the General Budget of the Nation. Transfers
the Ministry of Education Art. 19. Upon entry into force of this Act, all assets, agreements, rights, obligations, representations
national and international organizations, records, documents, physical and logical information of the Council will MINED to be assigned to CONACYT.
INCENTIVES CHAPTER VII Scientific and Technological Development Incentives and inducements
Art. 20.- The Vice Ministry with the support of CONACYT, create incentives and other stimuli that are considered suitable for enhancing achievement in innovation, science and technology.
The CONACYT shall include in their annual budgets, allocations for the expenses necessary to provide incentives; likewise, it will dictate the regulations of the case,
and the number of prizes and the amount thereof.
National Day of Science and Technology
Art. 21. It is established on September 21 each year as "National Day of Science and Technology", in order to celebrate its importance in sustainable, economic, social and environmental
CHAPTER VII FINAL PROVISIONS, REPEAL AND EFFECTIVENESS
Final Provisions Art. 22. Where reference is made to CONACYT in Decrees, Laws and Regulations on Science and Technology, it is understood that from the effective date of this Act shall refer to the Decentralized Unit of the Ministry of Education.
Art Council. 23. The personnel from the areas of science and technology Council, as well as administrative personnel necessary to be determined by the Deputy Minister, will become part of MINED and assigned to CONACYT.
The staff, under the provisions of the preceding paragraph, becomes part of MINED, for accounting purposes and payment of their working time will be considered time worked for the
AUTHENTIC INTERPRETATION DECREE No. 244
THE LEGISLATURE OF THE REPUBLIC OF EL SALVADOR, CONSIDERING
I.- accordance with Article 53 of the Constitution of the Republic the right to education and culture is inherent in the human person; consequently, it is a fundamental obligation and purpose of the State
preservation, promotion and dissemination. The State shall promote research and scientific work.
II.- by Legislative Decree No. 234, dated December 14, 2012, published in the Official Gazette No. 34, Volume No. 398, of February 19, 2013, the Act was issued Scientific Development and Technological
which aims to establish guidelines for the development of science and technology, by defining the instruments and institutional mechanisms and fundamental operating for
implementation of a National Policy Innovation, science and technology, through the implementation of a National Plan of Science and technology, which constitutes the framework of the National Research Agenda
III.- That Article 23, paragraph two of the Act, states that staff
that under the provisions of paragraph one, go to
part of MINED, for accounting purposes and payment of their working time
be considered time worked for the Council. That
IV to prevent that provision is applied in different ways, causing legal uncertainty, it is necessary to interpret authentically expressed
Article 23 in its second paragraph, in the sense that employees who worked in the Autonomous institution Consejo Nacional de Ciencia y Tecnología, CONACYT, which were
incorporated into the Ministry of Education, MINED, after the entry into force of the Law, they must be canceled labor liabilities, equivalent to one month's salary year worked, calculated from the date
each employee came to work at the Autonomous Institution CONACYT, until the date on which entered to work the MINED. After the entry into force of the aforementioned law, employees said
no longer be entitled to annual payment of one month's salary per year worked, because its labor regime is the same as applies to other employees of the Ministry of Education.
in exercise of its constitutional powers and initiative of the President of the Republic, through the Minister of Education. DECREES
Art. 1.- authentically interpret Article 23, paragraph two of the Law on Scientific and Technological Development
contained in Legislative Decree No. 234, dated December 14, 2012, published in the Official Gazette No. 34, Volume No. 398, of February 19, 2013, in the sense that staff under the provisions of the first paragraph of that article, became part of the Ministry of Education, will be paid labor liabilities
, granting them one month's salary per year or fraction who worked for the Autonomous Institution Consejo Nacional de Ciencia y Tecnología, CONACYT; ie from the date of entry into the autonomous institution above, until the date of incorporation to the Ministry of Education
Art. Authentic Interpretation 2.- This means
incorporated into the text of Article 23, second paragraph of the Law on Scientific and Technological Development.
Art. 3. This Decree shall enter into force eight days after its publication in the Official Journal
GIVEN IN THE BLUE ROOM OF THE LEGISLATIVE PALACE: San Salvador, on the fourteenth
day of January in the year two thousand and sixteen.
OJ No. 21, Volume No. 410, Date: February 1, 2016
Council staff who is not employed by the MINED, shall be recognized will their benefits
Labor and labor liabilities will be paid, giving one month's salary per year or fraction laborados in the institution.
The Board of the Council, its Executive Directorate and the Advisory Committee, will complete their
functions entering into force of this Act.
Regulations Art. 24. The Executive Branch shall issue the necessary regulations for the implementation of this Act within a period not exceeding one hundred and eighty days. Repealing
Art. Repealed 25- Legislative Decree No. 287, dated July 15, 1992, published in the Official Gazette No. 144, Volume No. 316, of August 10 of the same year, comprising the Law of the National Council of Science and Technology. Effective
Art. 26.- This Decree shall enter into force eight days after its publication in the Official Journal.
GIVEN IN THE BLUE ROOM OF THE LEGISLATIVE PALACE: San Salvador, on the fourteenth day of December in the year two thousand and twelve.
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.
JOSE ROBERTO MUNGUÍA d'Aubuisson,
PEÑA LORENA GUADALUPE MENDOZA, CARMEN ELENA CALDERON SOL Escalon,
First Secretary. Second Secretary.
SALGADO SANDRA MARLENE GARCIA, JOSE RAFAEL MACHUCA Zelaya
Third Secretary. Fourth secretary.
IRMA VASQUEZ PALACIOS LOURDES, MARGARITA ESCOBAR,
QUINTA SECRETARY. SIXTH Secretariat.
FRANCISCO JOSÉ ZABLAH SAFIE, Reynaldo Antonio López Cardoza
SEVENTH SECRETARY. EIGHTH SECRETARY.
Note: In compliance with the provisions of Article 97 third paragraph of the Internal Regulations of the Authority of the State, notes that this Decree was returned with remarks by the President of the Republic on January 11 of the year. 2013, having been fully accepted these
by the Legislative Assembly in Plenary Session of January 24, 2013; all in accordance with Art. 137 third of the Constitution of the Republic subsection.
Reynaldo Antonio López Cardoza, Eighth Secretary.
PRESIDENTIAL HOUSE: San Salvador, on the fifteenth day of February in the year two thousand and thirteen.
PUBLISH, Carlos Mauricio Funes Cartagena
, President of the Republic.
Franzi Hasbún Barakeh,
Ad-Honorem Minister of Education.
OJ No. 34 Volume No. 398 Date: February 19, 2013
FNM / geg 07/03/2013
DL No. 244, 14 JANUARY 2016
OJ No. 21, T. 410, FEBRUARY 1, 2016
GM / SP 02/26/2016