Key Benefits:
LEGISLATIVE ASSEMBLY-REPUBLIC OF EL SALVADOR
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DECREE NO 487
THE LEGISLATIVE ASSEMBLY OF THE REPUBLIC OF EL SALVADOR,
CONSIDERING:
I. That due to the high oil prices in the international market, fuel prices at the national level have experienced an increase
greater than three dollars a gallon and according to estimates of organisms International specialized, the price of the barrel of oil in the international market will be maintained at those levels.
II. That in order to protect the family economy of people who make use of public passenger transport, it becomes necessary to maintain unchanged
at the current levels the cost of the bus fare and microbus, by means of a compensation to the transport sector for the increase in said fuel.
III. That for the purpose indicated in the preceding recital, it becomes imperative to create a source of financing for such compensation.
BY TANTO,
in use of its constitutional powers and at the initiative of the Deputies: Guillermo Antonio Gallegos Navarrete, Carlos Armando Reyes Ramos, Alejandro Dagoberto Marroquín Cabrera, Elizardo
González Lovo and Carlos Rolando Herrarte Rivas.
DECRETA the following:
TRANSITIONAL LAW FOR THE STABILIZATION OF THE PUBLIC PASSENGER BUS SERVICE FARES
Art. 1. This Law aims to establish the necessary and indispensable regulations to help maintain the stability of the rates that users pay for the public service of
collective passenger transport.
With that purpose, actions of impulse in efficiency are established, in a transitory way,
productivity and competitiveness of the natural and legal persons concessionaires that are dedicated to the public service of collective transport passengers.
Art. 2. A special contribution to the stabilization of public service fares for the public transport of passengers is established in general and compulsory.
Art. 3.-It constitutes a operative event for the aforementioned special contribution, the sale or any form of transfer of ownership of diesel and regular or special gasoline, which are made by importers or refiners.
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In the case of natural or legal persons directly importing such products for its own consumption, the contribution will be generated at the moment that these products enter the country.
The value of the special contribution for the stabilization of the rates of the public service of the collective transport of passengers will be of ten U.S. dollar cents per
gallon ($0.10 per gallon) of diesel, regular or special gasoline, which shall be applicable from the entry into force of this Law.
Art. 4.-These are the retainers of this special contribution, natural or legal persons who import or refine diesel and regular or special gasoline.
The resources that are generated with the special contribution will be transferred to the Fund General of the State by the holding agents during the five working days after the end of the month in which the sale is made.
The retaining agent who does not find out within the time limit already established the special contribution raised, will be sanctioned by the Deputy Minister of Transport with a fine equivalent to 100% of
the contribution, without prejudice to the whole of the corresponding contribution and the criminal actions to which it took place.
Art. 5.-The exemption from the special contribution established in Art. 26 of the Fund's Law of the Fund of
Vial Conservation, shall not apply to the diesel acquired with the benefits set forth in this Decree.
Art. 6.-By the nature of the special contribution created by this Law and the effects
of the transfer of 6% of the current income for the Judicial Organ and of 7% of the net current income for the Fund for the Economic and Social Development of the Municipalities of El Salvador, FODES; this contribution will not be part of the corresponding income.
Art. 7.-THE MINISTRY OF FINANCE, UPON REQUEST, MUST TRANSFER MONTHLY TO THE VICE MINISTER OF TRANSPORT THE RESOURCES, TO
GUARANTEE THE STABILITY OF THE RATES THAT ARE PAID FOR THE PUBLIC SERVICE OF TRANSPORT PASSENGER COLLECTIVE. (2)
RESOURCES IN REFERENCE WILL BE USED TO SUBSIDIZE TWO US CENTS OF AMERICA ($0.02) PER PASSENGER TRANSFERRED IN THE AUTHORIZED URBAN MICROBUSES AND FOUR US CENTS
OF AMERICA ($0.04) PER PASSENGER TRANSFERRED IN THE AUTHORIZED URBAN BUSES, BOTH IN THE METROPOLITAN AREA OF SAN SALVADOR; UNDERSTANDING FOR SUCH, THE TERRITORIES OF THE MUNICIPALITIES THAT MAKE UP, ACCORDING TO THE LAW OF DEVELOPMENT AND ORDERING
TERRITORIAL AREA OF METROPOLITAN AREA OF SAN SALVADOR AND SURROUNDING MUNICIPALITIES, AND IN THE REST OF THE COUNTRY, TWO HUNDRED DOLLARS FROM THE UNITED STATES OF AMERICA ($200.00) IN AUTHORIZED MICROBUSES AND FOUR HUNDRED DOLLARS FROM THE UNITED STATES OF AMERICA
($400.00) FOR AUTHORIZED BUSES, FOR THE MAXIMUM PERIOD OF TWENTY-ONE DAYS THAT THEY SHALL ACCOUNT FOR ONE MONTH, BOTH FOR THE PUBLIC SERVICE OF COLLECTIVE PASSENGER TRANSPORT. THE TRANSPORT UNITS MUST HAVE A VALID CIRCULATION CARD, A LINE PERMIT DULY AUTHORISED BY THE VICE-MINISTER OF TRANSPORT,
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AN ELECTRONIC MECHANISM, A GPS SYSTEM AND A VALIDATOR THAT ALLOWS BOTH THE VICE-MINISTRY TRANSPORTATION AS TO THE CONCESSIONAIRES AND/OR PERMISSIONARIES OF THE SERVICE
PUBLIC OF COLLECTIVE TRANSPORT OF PASSENGERS, FOR CONTROL AND PAYMENT EFFECTS, ACCOUNTING FOR THE PASSENGERS MOBILIZED. THE AFOREMENTIONED MICROBUSES AND BUSES MUST BE OPERATING THE SERVICE. (2) (3) (4) (6)
IN CASES WHERE THE VALIDATOR EQUIPMENT IS INSTALLED, EITHER AT THE TERMINALS AND/OR STATIONS, THE AMOUNTS TO BE PAID IN CONCEPT
OF SUBSIDY TO THE PUBLIC TRANSPORT SERVICE PROVIDERS RESPECTIVE PASSENGER COLLECTIVE, THEY WILL BE CALCULATED IN THE FORM PROVIDED IN THE PREVIOUS PARAGRAPH. LIKEWISE, SUCH EQUIPMENT, FOR THE PURPOSES MENTIONED IN THE PRECEDING PARAGRAPH, MAY
BE FURTHER INSTALLED IN THE PLACES AND IN THE WAYS IN WHICH IT ESTABLISHES AND/OR DETERMINES THE VICE-MINISTRY OF TRANSPORT. (7)
HOWEVER, AS SET OUT IN THE PRECEDING PARAGRAPH, THE EXECUTIVE BODY IN THE RELEVANT BRANCH MAY INCREASE BY UP TO ONE HUNDRED PERCENT THE AMOUNTS PREVIOUSLY
REFERRED TO AS COMPENSATION FOR THE STABILIZATION OF THE PUBLIC SERVICE TARIFF FOR THE PUBLIC TRANSPORT OF PASSENGERS, AS LONG AS THE FINANCIAL AVAILABILITY IS AVAILABLE AND ACCORDING TO THE COMMITMENTS MADE THROUGH THE NATIONAL TRANSPORT TABLE, AS WELL AS THE FULFILMENT OF COMMITMENTS ACQUIRED
FOR THE BENEFIT OF THE USER POPULATION. (4)
EXCLUDE FROM THIS BENEFIT THE TRANSPORT SERVICE, FREE OFFER, OF
STAFF AND SCHOOL, QUALIFIED BY THE VICE-MINISTRY OF TRANSPORT. (2)
FOR THE NATURAL OR LEGAL PERSONS, CONCESSIONAIRES TO PROVIDE
PUBLIC PASSENGER TRANSPORT SERVICE, TO ENJOY THIS BENEFIT, IT IS ESSENTIAL THAT THE UNITS USED IN THE ROUTES WHERE THEY OPERATE, THEY MUST BE ORGANIZED IN SINGLE BOXES AUTHORIZED BY THE VICE-MINISTRY OF TRANSPORT, WHO
WILL ESTABLISH THE MECHANISM OF OPERATION, BY MEANS OF THE RESPECTIVE SPECIAL REGULATION; THE COOPERATIVES AND ANY OF THEM ARE EXEMPTED FROM THIS PROVISION NATURAL OR LEGAL PERSON, WHO CURRENTLY OPERATE UNDER THIS SYSTEM. (2)
ALL ROUTES SHALL BE SUBJECT TO CONTROL AND SUPERVISION MECHANISMS BY THE RESPECTIVE UNIT OF THE DEPUTY TRANSPORT AUTHORITY ENSURING THE APPROPRIATE USE
OF THE SUBSIDY, THE RESPECTIVE SPECIAL REGULATION SHALL DEVELOP THE ROUTES. • The (2)
THE MINISTRY OF FINANCE SHALL INCLUDE IN THE DRAFT BUDGET THAT IT PRESENTS TO THIS ASSEMBLY, FOR THE CORRESPONDING FISCAL YEAR, THE BUDGET ITEM THAT ALLOWS THE SUBSIDY TO BE FINANCED BY THIS DECREE. (2)
Art. 8.-The Ministry of Finance may transfer from the General Fund of the State to the Vice-Ministry of Transport the necessary resources to supplement the compensation set forth in this Law and which aims to guarantee the stability of the rates paid by public service users
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of the collective passenger transport.
Art. 9.-The Vice-Ministry of Transportation shall require monthly the necessary resources to transfer to the public service concessionaires of collective passenger transport.
This transfer shall be made within ten working days thereafter.
The
willresponsible for timely filing the collection vouchers for the payment of the compensation.
Art. 10.-FOR THE PURPOSES OF THE PRECEDING ARTICLE, "DEALERS" SHALL MEAN THOSE NATURAL OR LEGAL PERSONS WHO PROVIDE THE PUBLIC SERVICE OF COLLECTIVE TRANSPORT OF PASSENGERS AND WHO HAVE VALID PERMISSION AND CARD
OF CIRCULATION.
TO BE ENTITLED TO THE COMPENSATION REFERRED TO IN THE PRECEDING ARTICLE, THE
DEALER SHALL BE THE HOLDER OF THE UNITS WHOSE AGE IS LESS THAN OR EQUAL TO THE AGE OF TWENTY YEARS.
THE CONCESSION REFERRED TO IN THE PRECEDING PARAGRAPH SHALL MEAN THE MODALITY OF THE
CONTRACT IN FORCE IN FORCE OR WHICH HAVE BEEN BENEFITED BY LEGISLATIVE DECREE NO. 1220 DATED 11 APRIL 2003, PUBLISHED IN THE OFFICIAL JOURNAL Nº 94, TOO NO. 359 OF 26 MAY OF THE SAME YEAR. (5)
Art. 11. The payment of the benefits of this Law shall be made effective to the public service provider of public passenger transport that checks by the current circulation card,
the ownership of the unit that provides the service; without prejudice to the other requirements laid down in the regulations of this Law and those mentioned in Art. 7.
Art. 12.-If the information or documentation presented by the dealers to enjoy the benefits of this Law is altered or false, the benefit of the benefit shall be suspended; this shall be without prejudice to the actions
a)OF THE ENJOYMENT OF THE BENEFITS SET OUT IN THIS LAW, WHERE THE PUBLIC TRANSPORT SERVICE PROVIDER DOES NOT TAKE INTO
ITS UNITS THE GUIDELINES ISSUED BY THE VICE-MINISTER OF TRANSPORT, WHICH WILL BE FIXED IN THE REGULATION OF THIS LAW, ALL WITH THE OBJECT OF ENSURE THE SECURITY OF THE USERS OF THAT SERVICE. (3)
THE SUSPENSION IN ACCORDANCE WITH THIS ARTICLE SHALL NOT EXCEED THREE MONTHS. DUE TO THE PERIOD OF SUSPENSION, THE BORROWER WILL BE
EMPOWERED TO CONTINUE TO ENJOY THE BENEFITS SET FORTH IN THIS LAW, PROVIDED THAT IT HAS MET THE CONDITIONS SET BY THE VICE-MINISTRY OF TRANSPORTATION. (3)
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Art. 13.-A Special Regulation to this Law will develop the procedures, mechanisms and requirements that will be required of the public service concessionaires of public passenger transport
to enjoy the benefits of the present Law.
Art. 14.-The competent authority to suspend the enjoyment of the benefits granted through
of this Law will be the Deputy Minister of Transportation, who must follow the administrative procedure that guarantees the right of hearing of the
The administrative procedure referred to in the foregoing paragraph shall be governed by the Special Rules of this Law.
Art. 15.-The Court of Auditors of the Republic shall practice, within its legal powers, the audits relevant to the operations resulting from the execution of this Law.
The Deputy Minister of Transport may contract the services private professionals to perform external audits derived from the operations of this Law.
Art. 16.-The Ministry of Finance is authorized to automatically transfer to the General Fund of the State, the remaining revenue collected and not used during each of the fiscal years in which this Law applies.
Art. 17.-Facultate to the Executive Body, through the Ministry of Finance, so that through, the respective Agreement, incorporate into the Law of the Budget in question, the resources that are perceived by the application of this Law to attend to the compensation set to the same.
Art. 18.-EMPOWER THE MINISTRY OF FINANCE TO MAKE FINANCIAL, BUDGETARY AND ACCOUNTING ADJUSTMENTS TO ENSURE THE CORRECT AND PROPER IMPLEMENTATION OF
THIS MEASURE; IN THE SAME WAY AND TO AVOID ANY NEGATIVE IMPACT ON THE FAMILY ECONOMY, IN CASES WHERE THE RESOURCES TO BE PROVIDED BY THE SOURCE OF FINANCING DEFINED BY THIS DECREE, ARE INSUFFICIENT, THE MINISTRY
OF FINANCE, IN ATTENTION TO THE RESPECTIVE REQUIREMENT, DURING THE PERIOD OF THE THIS DECREE, IS AUTHORIZED TO TRANSFER TO THE VICE-MINISTRY OF TRANSPORT THE RESOURCES NECESSARY AND SUFFICIENT TO GUARANTEE THE AMOUNT OF COMPENSATION
STIPULATED IN THIS DECREE.
IN THIS LAW, REGULATIONS WILL BE INCLUDED FOR
COMPLYING WITH THIS PROVISION.
WITH THAT PURPOSE, THE SAID VICE-MINISTER, PRIOR TO THE REQUIREMENT OF THE
RESOURCES REFERRED TO IN THIS PROVISION, SHALL ISSUE THE CORRESPONDING EXECUTIVE AGREEMENT, WHICH SHALL BE DULY MOTIVATED AND REASONED, AND IN THE DETAILS OF THE KEY ASPECTS AND ELEMENTS IN WHICH IT WILL SUPPORT
YOUR REQUEST. (1) (2)
Art. 19.-This Decree shall enter into force on 1 December 2007, after publication in the Official Journal, and the payment of the compensation to the beneficiaries shall be made from the month onwards
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January 2008.
THE EFFECTS OF THIS DECREE WILL LAST UNTIL THIRTY-ONE DECEMBER OF THE YEAR TWO THOUSAND TEN. (2)
GIVEN IN THE BLUE HALL OF THE LEGISLATIVE PALACE: San Salvador, at the twenty-three days of the month of November of the year two thousand seven.
RUBEN ORELLANA, PRESIDENT.
ROLANDO ALVARENGA ARGUETA, FRANCISCO ROBERTO LORENZANA DURAN, VICE-PRESIDENT. VICE PRESIDENT.
JOSÉ RAFAEL MACHUCA ZELAYA, RODOLFO ANTONIO PARKER SOTO, VICE-PRESIDENT. VICE PRESIDENT.
ENRIQUE ALBERTO LUIS VALDES SOTO, MANUEL ORLANDO QUINTEROS AGUILAR, SECRETARY. SECRETARY.
JOSÉ ANTONIO ALMENDARIZ RIVAS, NORMAN NOEL QUIJANO GONZÁLEZ,
SECRETARY. SECRETARY.
ZOILA BEATRIZ QUIJADA SOLIS,
SECRETARIAT.
CASA PRESIDENTIAL: San Salvador, at the twenty-eight days of November of the year two thousand
seven.
PUBLIQUESE,
ELIAS JORGE BAHAIA SAMOUR, FIRST APPOINTED TO THE PRESIDENCY OF THE REPUBLIC,
CHARGED WITH THE PRESIDENTIAL OFFICE.
Jorge Isidoro Nieto Menéndez,
Minister of Public Works, Transport and Housing and Urban Development.
D. O. No. 222 Took No. 377
Date: November 28, 2007
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REFORMS:
(1) D.L. No. 662, JUNE 19, 2008; D.O. No. 120, T. 379, 27 DE JUNE 2008.
(2) D. L. No. 92, JULY 30, 2009; D. L. NO. 144, T. 384, JULY 31, 2009.
(3) D.L. No. 666, MARCH 31, 2011; D.O. No. 75, T. 391, APRIL 15, 2011.
(4) D.L. No. 244, DECEMBER 19, 2012; D.O. No. 240, T. 397, DECEMBER 21, 2012. (Vence on 31/12/13) NOTE: GRANTS 180 DAYS TO THE SUBJECTS REFERRED TO IN ART. 10, INC., 3 ° OF THE LAW, TO SUBMIT AN APPLICATION, TO ENTER INTO A CONCESSION CONTRACT.
(5) D.L. No. 595, DECEMBER 18, 2013;
D.O. No. 241, T. 401, DECEMBER 21, 2013.
(6) D.L. No. 1014, APRIL 29, 2015;
D.O. No. 80, T. 407, MAY 6, 2015.
(7) D.L. No. 250, JANUARY 21, 2016;
D.O. No. 28, T. 410, FEBRUARY 10, 2016.
PARTIAL REPEAL:
D.L. No. 479, SEPTEMBER 5, 2013. (RELEASED)
EXTENSIONS:
D.L. No. 711, SEPTEMBER 5, 2008; D.O. No. 181, T. 380, SEPTEMBER 29, 2008. (VENCE 29/09/09)
D.L. No. 543, DECEMBER 9, 2010; D.O. No. 240, T. 389, DECEMBER 22, 2010. (VENCE 31/12/11)
D.L. No. 964, DECEMBER 14, 2011; D.O. No. 240, T. 393, DECEMBER 22, 2011. (VENCE 31/12/12)
D.L. No. 595, DECEMBER 18, 2013; D.O. NO. 241, T. 401, DECEMBER 21, 2013. (VENCE 31/12/14)
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D.L. No. 915, DECEMBER 18, 2014;
D.O. No. 240, T. 405, DECEMBER 23, 2014. (VENCE 31/12/15)
D.L. No. 233, DECEMBER 16, 2015; D.O. NO. 237, T. 409, DECEMBER 23, 2015. (VENCE 31/12/16)
TRANSIENT PROVISIONS:
TRANSIENT DISPOSITION THAT AUTHORIZES A 90-DAY DEADLINE, TO THE UNITS
THAT LEND ITS PUBLIC PASSENGER TRANSPORT SERVICE, IN THE AREA METROPOLITAN, IN EFFECT THAT THEY IMPLEMENT THE MECHANISMS TO ACCOUNT FOR THE PASSENGERS MOBILIZED AND DURING THE REFERRED PERIOD
WILL BE ABLE TO ACQUIRE THE BENEFITS OF THE SUBSIDY. D.L. No. 1014, APRIL 29, 2015; D.O. No. 80, T. 407, MAY 6, 2015. (VENCE 12/08/15)
TRANSIENT DISPOSITION THAT AUTHORIZES A 90-DAY DEADLINE, TO THE UNITS
THAT PROVIDE THEIR PUBLIC PASSENGER TRANSPORT SERVICE, IN THE METROPOLITAN AREA, TO IMPLEMENT THE MECHANISMS TO ACCOUNT FOR MOBILIZED PASSENGERS AND DURING THE REPORTING PERIOD
WILL BE ABLE TO ACQUIRE THE BENEFITS OF THE SUBSIDY. D. L. No. 89, AUGUST 14, 2015, D. O. NO. 152, T. 408, AUGUST 24, 2015. (VENCE 21/11/15)
EXTENSION D. L. No. 189, NOVEMBER 19, 2015, D. O. NO. 214, T. 409, NOVEMBER 20, 2015. (VENCE 31 /12/15)
RELATED PROVISIONS:
TRANSITIONAL PROVISIONS TO ALLOW THE TRANSFER OF TRANSPORT CONCESSIONS, TO CURRENT OWNERS OF VEHICLES LINKED TO TRANSPORT SERVICE CONCESSIONS PASSENGER COLLECTIVE.
D.L. No. 574, DECEMBER 5, 2013; D.O. No. 9, T. 402, JANUARY 16, 2014. EXTENSION:
D.L. No. 660, APRIL 3, 2014; D.O. No. 70, T. 403, APRIL 11, 2014. (VENCE 31/12/14)
TRANSITIONAL PROVISION AUTHORIZING FOR A PERIOD OF ONE YEAR, TO PUBLIC PASSENGER VEHICLES OF PASSENGERS THAT ARE FOR EXCEEDING 20 YEARS OF MANUFACTURE, CIRCULAR AND TO RENEW CIRCULATION CARDS
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AND LINE PERMISSIONS, AS PROVIDED IN ART. 34, PARAGRAPH 1 OF THE ROAD TRANSPORT, TRANSIT AND ROAD SAFETY.
D.L. No. 733, JULY 10, 2014; D.O. No. 165, T. 404, SEPTEMBER 8, 2014. (VENCE 08/09/15) AUTHENTIC INTERPRETATION:
D.L. No. 941, JANUARY 28, 2015; D.O. No. 26, T. 406, FEBRUARY 9, 2015.
CGC 16/09/09
ROM/ngcl 24/01/11
SV 13/05/11
JCH 25/01/12
JCH 03/01/13
SV 29/01/13
JCH 10/02/14
FN 27/02/14
JCH 28/05/14
SV 10/10/14
FN 10/02/15
SV 02/03/15
FN 02/06/15
SP 21/09/15
FN 16/12/15
SP 15/02/16
SV 08/03/16
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