Key Benefits:
LEGISLATIVE ASSEMBLY-REPUBLIC OF EL SALVADOR ____________________________________________________________________
1
___________________________________________________________________ LEGISLATIVE INDEX
DECREE Nº 469.-
THE MILITARY CIVIC DIRECTORY OF EL SALVADOR, CONSIDERING:
I.-That the State is obliged to promote the industrial and cultural development of the country;
II.-That one of the means of promotion is tourism, not only because of their high manifestations of the spirit, but also for their economic aspect;
III.-That it is appropriate to create a body that encourages tourism, for which it is indispensable that it has autonomy and legal personality, that guarantees its stability and efficiency in its work;
POR TANTO,
in use of the legislative powers granted to it by Decree No. 1, of the twenty-fifth of January of the current year, published in the Official Journal No. 17, Volume 190 of the same date,
DECREE, SANCTIONS AND PROMULGATE, the following:
SALVADORAN TOURISM INSTITUTE LAW
TITLE I
NORMAS FUNDAMENTALS
Establishment
Art. 1.-The Salvadoran Institute of Tourism is created, as a public utility entity, which in the context of this Law will be called simply "The Institute".
OBJECT AND FUNCTIONS (9)
Art. 2. THE PURPOSE OF THE INSTITUTE SHALL BE THE ADMINISTRATION OF THE RECREATIONAL CENTERS OF ITS PROPERTY, AS WELL AS THE BUILDINGS AND FACILITIES ASSIGNED TO IT IN ACCORDANCE WITH THE LAWS. IN ADDITION, IT WILL BE RESPONSIBLE FOR THE PROMOTION AND ENCOURAGEMENT OF FAMILY, SOCIAL AND HIKING RECREATION, WITH REGARD TO THE ATTRACTION OF VISITORS TO THESE CENTERS, COORDINATION OF ACCESSIBLE MEANS OF TRANSPORT AND OTHERS ESTABLISHED IN THE LAW.
THE INSTITUTE SHALL MAKE APPROPRIATE AND SUFFICIENT HIRING IN ORDER TO COMPLY WITH THE PURPOSES AND PURPOSES FOR WHICH IT HAS BEEN CREATED, IN ACCORDANCE WITH THE RELEVANT LAWS AND REGULATIONS.
TO COMPREHENSIVELY MEET THE RECREATIONAL NEEDS OF THE POPULATION,
LEGISLATIVE ASSEMBLY-REPUBLIC OF EL SALVADOR ____________________________________________________________________
2
___________________________________________________________________ LEGISLATIVE INDEX
THE INSTITUTE WILL PROMOTE THE PARTICIPATION OF MUNICIPALITIES, PUBLIC OR PRIVATE ENTITIES, NATIONAL OR FOREIGN, WITH THEIR MAIN FUNCTIONS BEING:
A) TO PROMOTE AND EXECUTE THE POLICY AND THE NATIONAL PLAN OF FAMILY AND SOCIAL RECREATION.
b) PLAN AND DEVELOP FAMILY AND SOCIAL RECREATION PROGRAMS.
c) CREATE THE OPTIMAL RECREATION AND RECREATION CONDITIONS.
D) COORDINATE TRAINING AND TECHNICAL ASSISTANCE FOR THE DEVELOPMENT OF FAMILY AND SOCIAL RECREATION PROGRAMS AND PROJECTS.
E) ESTABLISH MECHANISMS FOR INFORMATION AND DISCLOSURE ABOUT THE SERVICES THE INSTITUTE PROVIDES.
f) GENERATE, MANAGE AND OPTIMIZE THE FUNDS NEEDED FOR THEIR OPERATION AND DEVELOPMENT.
G) TO PROMOTE THE CREATION OF NEW CENTERS OF FAMILY AND SOCIAL RECREATION, CONSTRUCTION OF NEW WORKS, EXPANSION, RECONSTRUCTION, AND MAINTENANCE OF THE EXISTING ONES.
H) MANAGE FUNDS, TECHNICAL ASSISTANCE AND PUBLIC CREDIT OPERATIONS WITH PUBLIC OR PRIVATE BODIES, NATIONAL OR FOREIGN, FOR THE ACHIEVEMENT OF THEIR OBJECTIVES, IN ACCORDANCE WITH THE PROVISIONS OF THE ORGANIC LAW OF FINANCIAL MANAGEMENT OF THE STATE, WHICH WILL HENCEFORTH BE CALLED THE LAW, AND ITS REGULATION.
I) ORGANIZE AND SPONSOR RECREATIONAL EVENTS AND OTHER ACTIVITIES THAT CONTRIBUTE TO THE INCREASE AND DEVELOPMENT OF FAMILY AND SOCIAL RECREATION
J) ADMINISTER THE RECREATIONAL CENTERS OF THEIR PROPERTY AS WELL AS THE REAL ESTATE FACILITIES ASSIGNED TO HIM BY THE MINISTRY OF LAW.
k) TO RESPECT THE CONTRACTS OF SALES, SERVICES, LEASES OR OTHER CONTRACTS, COVERED BY THE CONTRACTS IN FORCE ALWAYS, AND WHEN THEY COMPLY WITH THE CONDITIONS LAID DOWN THEREIN.
L) TO ENSURE THE PRESERVATION OF THE ENVIRONMENT WHILE RESPECTING THE LAWS, INTERNATIONAL CONVENTIONS AND PROTOCOLS IN THIS FIELD, AS WELL AS THE STATE OWNERSHIP OF NATURAL RESOURCES.
m) OTHERS THAT ARE NECESSARY FOR THE FULFILMENT OF THEIR OBJECTIVES. (8) (9)
LEGISLATIVE ASSEMBLY-REPUBLIC OF EL SALVADOR ____________________________________________________________________
3
___________________________________________________________________ LEGISLATIVE INDEX
Legal and Autonomy Capacity
Art. 3. THE INSTITUTE SHALL HAVE LEGAL PERSONALITY AND FULL CAPACITY TO EXERCISE RIGHTS, CONTRACT OBLIGATIONS AND INTERVENE IN TRIALS; IT SHALL ALSO HAVE ITS OWN ASSETS AND SHALL ENJOY ADMINISTRATIVE, BUDGETARY AND FINANCIAL AUTONOMY.
WILL BE ESTABLISHED WITH PUBLIC BODIES THROUGH THE MINISTRY OF TOURISM. (3) (4) (7) (9)
Home
Art. 4.-The Institute shall have its domicile and principal offices in the capital city of the Republic and may establish auxiliary offices, in any other place where it deems appropriate.
TITLE II
ADDRESS AND ADMINISTRATION Structure
Art. 5. FOR THE FULFILMENT OF ITS POWERS, THE ADMINISTRATION OF THE INSTITUTE SHALL BE IN CHARGE, IN ITS ORDER, OF:
(a) THE BOARD OF DIRECTIVE.
b) THE PRESIDENT OF THE BOARD.
c) THE EXECUTIVE DIRECTOR.
IN ADDITION, YOU WILL BE ABLE TO HAVE ADVISORY COMMISSIONS, MADE UP OF REPRESENTATIVES WHO WILL BE APPOINTED BY AGREEMENT OF THE EXECUTIVE BODY IN THE TOURISM INDUSTRY. (3) (4) (7) (9)
Chapter I
BOARD
Integration
Art. 6.-THE BOARD SHALL BE THE HIGHEST AUTHORITY OF THE INSTITUTE AND SHALL BE COMPOSED OF SIX OWNERS AND THEIR RESPECTIVE ALTERNATES, AS WELL: (3) (4) (7) (8) (9)
(A) A CHAIRMAN, APPOINTED BY THE PRESIDENT OF THE REPUBLIC. (3) (4) (7) (8) (9)
LEGISLATIVE ASSEMBLY-REPUBLIC OF EL SALVADOR ____________________________________________________________________
4
___________________________________________________________________ LEGISLATIVE INDEX
(b) A OWNING DIRECTOR, APPOINTED BY THE MINISTRY OF TOURISM. (3) (4) (7) (8) (9)
(C) A OWNER-DIRECTOR, APPOINTED BY THE MINISTRY OF EXTERNAL RELATIONS. (3) (4) (7) (8) (9)
D) A OWNER-DIRECTOR, APPOINTED BY THE MINISTRY OF TOURISM. NATIONAL SECRETARY OF THE FAMILY. (3) (4) (7) (8) (9)
e) TWO DIRECTORS OWNERS ELECTED AND APPOINTED BY THE PRESIDENT OF THE REPUBLIC OF AN OPEN LIST OF CANDIDATES PRESENTED BY PRIVATE ENTERPRISE ASSOCIATIONS RELATED TO THE OBJECT OF THIS LAW WITH LEGAL PERSONALITY, ORGANIZATIONS GOVERNMENT RELATED TO THE TOURIST THEME WITH LEGAL PERSONALITY, UNIVERSITIES ACCREDITED BY THE MINISTRY OF EDUCATION AND TRADE UNIONS OF COMPANIES THAT ARE ENGAGED IN THE ACTIVITIES RELATED TO THE OBJECT OF THIS LAW. THE PROCEDURES RELATING TO THIS LITERAL WILL BE REGULATED REGULATIVELY. (3) (4) (7) (8) (9) (10)
THE ALTERNATE DIRECTORS WILL ATTEND IN THE ABSENCE OF THE OWNER DIRECTOR AND WILL BE APPOINTED IN THE FORM ESTABLISHED FOR THE HOLDERS. (3) (4) (7) (8) (9)
THE ENTITIES REFERRED TO IN POINT (E), WHO WISH TO INCLUDE CANDIDATES IN THE LISTING, SHALL SELECT THEM ACCORDING TO THEIR DOMESTIC LAW. (10)
Refresh
Art. 7. THE OWNERS AND ALTERNATES APPOINTED IN THE MANNER INDICATED IN THE PREVIOUS ARTICLE SHALL LAST FOR TWO YEARS AND MAY BE APPOINTED FOR NEW PERIODS OF EQUAL DURATION. (2)
Requirements and Qualities
Art. 8.-Members of the Board of Directors, Owners and Replacements, must be Salvadorans, persons of recognized good repute and have knowledge of the tourism industry.
Inabilities
Art. 9.-THEY ARE INABILITY TO PERFORM THE OFFICE OF DIRECTOR:
A) BE YOUNGER THAN TWENTY-FIVE YEARS.
(b) BE SPOUSE OR RELATIVES TO EACH OTHER, WITHIN THE FOURTH DEGREE OF CONSANGUINITY OR SECOND DEGREE OF AFFINITY WITH THE OTHER MEMBERS OF THE BOARD OF DIRECTORS OR THE EXECUTIVE DIRECTOR; OR WHO BELONG TO THE SAME
LEGISLATIVE ASSEMBLY-REPUBLIC OF EL SALVADOR ____________________________________________________________________
5
___________________________________________________________________ LEGISLATIVE INDEX
COLLECTIVE SOCIETY.
(c) BE CREDITORS, DEBTORS OR CONTRACTORS OF THE INSTITUTE.
d) THOSE WHO FOR ANY OTHER REASON ARE LEGALLY UNABLE TO PERFORM THE CHARGE.
WHEN SOME OF THE CAUSES OF INABILITY MENTIONED IN THIS ARTICLE ARE OVERCOME, THE MANAGEMENT OF THE PERSON CONCERNED SHALL LAPSE AND BE REPLACED IN THE MANNER LAID DOWN IN THIS LAW. (9)
Sessions
Art. 10. THE BOARD OF DIRECTORS SHALL MEET IN ORDINARY SESSION AT LEAST TWICE A MONTH, AND EXTRAORDINARILY, EACH TIME IT IS CONVENED BY THE DIRECTOR PRESIDENT OR BY WHOM HE OR SHE DOES HIS OR HER TIMES OR BY THE EXECUTIVE DIRECTOR, AND MUST ALWAYS BE THE SAME. CALL IN WRITING, WITH SPECIFICATION, IN EXTRAORDINARY CASES, OF THE SUBJECT-MATTER OF THE SESSION.
BOARD SESSIONS SHALL BE VALIDLY INSTALLED WITH THE MAJORITY OF THEIR OWN OR ALTERNATE MEMBERS WHEN THEY REPLACE THEM; THEIR RESOLUTIONS SHALL REQUIRE THE MAJORITY OF VOTES OF THOSE PRESENT. IN THE EVENT OF A TIE, THE PRESIDENT SHALL HAVE A VOTE OF QUALITY.
ALTERNATE DIRECTORS MAY BE INVITED TO PARTICIPATE IN THE BOARD SESSIONS, WITH A VOICE BUT NO VOTE, WHEN THEY ARE NOT REPLACING THE OWNERS. THE ALTERNATE OF THE DIRECTOR PRESIDENT SHALL BE REQUIRED TO ATTEND ALL SESSIONS HELD. (9)
Substitutes
Art. 11. In cases of absence, excuse or temporary impediment, the owners of the owners will be replaced by their respective alternates. If the Deputy Director is also missing, the Chairman of the Board of Directors may call any Substitute to replace the Missing Owner as long as it is indispensable to form a quorum.
Vacancies
Art. 12. In the event of death, resignation, removal or other final impairment of a member of the Board of Directors, a new Owner or Substitute shall be appointed, as the case may be, who shall terminate the period corresponding to the missing Director.
The same will happen when a Director Owner or Substitute in office, will fail repeatedly to the sessions, without justification, in the judgment of the Board of Directors.
The appointment of substitute will be done in the form previewed for the Director Owner or Substitute who, in any of the cases mentioned, must be placed. If the vacant position is that of an
LEGISLATIVE ASSEMBLY-REPUBLIC OF EL SALVADOR ____________________________________________________________________
6
___________________________________________________________________ LEGISLATIVE INDEX
Director Owner, will act in the meantime, the respective Alternate.
Board of Directors
Art. 13.-THEY ARE ATTRIBUTIONS OF THE BOARD OF DIRECTORS:
a) APPROVE AND PROMOTE THE NATIONAL FAMILY AND SOCIAL RECREATION PLAN.
b) PROMOTE THE CREATION OF NEW RECREATION CENTERS AND THE CONSERVATION AND IMPROVEMENT OF EXISTING ONES.
(c) APPROVE THE INSTITUTE ' S ANNUAL OPERATING AND INVESTMENT BUDGET.
(d) APPROVE THE REGULATORY, POLITICAL, TECHNICAL STANDARDS AND PROCEDURES THAT REQUIRE THE INTERNAL FUNCTIONING OF THE INSTITUTE, IN ACCORDANCE WITH THE LAW.
AND) APPROVE THE SPECIAL SYSTEM OF SALARIES, SALARIES AND BENEFITS OF THE INSTITUTE ' S STAFF.
F) ANNUALLY APPROVE THE INSTITUTE ' S WORK MEMORY AND OPERATIONS PLAN.
G) AUTHORIZE THE HIRING AND REMOVAL OF THE INSTITUTE ' S EXECUTIVE DIRECTOR, AS WELL AS APPOINT A REPLACEMENT IN THE EVENT OF A TEMPORARY ABSENCE, EXCUSE OR IMPEDIMENT.
H) AUTHORIZE THE HIRING OF THE INTERNAL AUDITOR, EXTERNAL AUDITORS AND TAX AUDITORS OF THE INSTITUTE.
I) APPROVE THE RULES OF PROCEDURE, THE REGULATIONS OF VIATICS AND THE DIETS OF DIRECTORS WHO ATTEND THE SESSIONS OF THE BOARD OF DIRECTORS.
J) APPROVE THE REGULATIONS OF THE RECREATION CENTERS IN CHARGE OF THE INSTITUTE AND THE OTHERS THAT ARE NECESSARY FOR THE FULFILLMENT OF THIS LAW, IN ORDER TO EXECUTE AND DEVELOP THE PROGRAMS AND PROJECTS OF RECREATION.
k) APPROVE THE SUBSCRIPTION OF INTERINSTITUTIONAL AGREEMENTS AND CONTRACTS WITH PUBLIC, PRIVATE, MUNICIPAL, NATIONAL OR FOREIGN ENTITIES RELATED TO THE OBJECT AND PURPOSE OF THE INSTITUTE.
L) APPROVE THE PROPOSAL FOR INCOME RATES WITH SOCIAL INTEREST.
LEGISLATIVE ASSEMBLY-REPUBLIC OF EL SALVADOR ____________________________________________________________________
7
___________________________________________________________________ LEGISLATIVE INDEX
M) APPROVE THE PROPOSAL FOR ROYALTIES, RIGHTS, INCOME OR OTHER SERVICE CHARGES THAT IT PROVIDES OR FOR THE USE OR USE OF ITS ASSETS, LAND AND FACILITIES AND SUBMIT IT TO THE EXECUTIVE BODY IN THE TOURISM INDUSTRY.
N) APPROVE THE GRANT SUBSCRIPTION IN ACCORDANCE WITH THE CONSTITUTION OF THE REPUBLIC.
OR) APPROVE THE HIRING OF PERMANENT AND OCCASIONAL SERVICES FOR THE PROMOTION AND EXECUTION OF FAMILY AND SOCIAL RECREATION IN COMPLIANCE WITH EXISTING CONTRACTS.
P) AUTHORIZE THE GRANTING OF POWERS TO COMPLY WITH THE PURPOSES OF THIS LAW.
q) GIVE OR RECEIVE THE RECREATION CENTERS ON LEASE OR COMODATO TO THE MUNICIPALITIES OR NON-PROFIT ASSOCIATIONS.
r) APPROVE COLLECTIVE LABOR CONTRACTS.
S) APPROVE THE REGULATIONS OF THE VISITORS TO THE RECREATION CENTERS IN CHARGE OF THE INSTITUTE AND THE OTHERS THAT ARE NECESSARY, FOR THE FULFILLMENT OF THIS LAW, IN ORDER TO EXECUTE AND TO DEVELOP THE PROGRAMS AND PROJECTS OF RECREATION FAMILY AND SOCIAL.
t) TO STUDY, DEVELOP AND PRESENT TO THE EXECUTIVE BODY IN THE FIELD OF TOURISM, THE PROJECTS OF REFORM TO THIS LAW.
U) KNOWING OF THE EXECUTIVE DIRECTOR ' S RESOLUTIONS AND MONITORING THE PERFORMANCE OF THEIR DUTIES.
V) RENDER ANNUAL REPORT OF THE WORK OF THE INSTITUTE TO THE EXECUTIVE ORGAN, IN THE FIELD OF TOURISM. THIS REPORT SHALL BE MADE KNOWN TO THE LEGISLATIVE ASSEMBLY IN THE MANNER DETERMINED BY THE MINISTRY OF TOURISM.
W) EXERCISE THE OTHER PRIVILEGES AND POWERS THAT CORRESPOND TO IT IN ACCORDANCE WITH THE LAW, INTERNAL REGULATIONS AND OTHER PROVISIONS APPLICABLE TO THE INSTITUTE. (3) (4) (7) (8) (9)
Art. 14.-Members of the Board of Directors who, by him or by reason of grave fault, approve or execute operations contrary to this Law or other provisions applicable to the Institute shall be jointly and severally liable to their own property of the losses which such operations shall be irrogating to the Institute, without prejudice to the responsibilities of any other order which may be derived.
LEGISLATIVE ASSEMBLY-REPUBLIC OF EL SALVADOR ____________________________________________________________________
8
___________________________________________________________________ LEGISLATIVE INDEX
Board members who fail to record, during the respective session, their reasoned inconformity with the majority resolution, will be equally responsible, even if they have voted against or saved their vote.
Those who do not They shall have the opportunity to express their views in writing. inconformity, within eight working days following the date on which they have knowledge of such a decision, for the purpose of which the Director-President or who does his/her duties shall be informed.
Art. 15. THE CHAIRMAN OF THE BOARD OF DIRECTORS OR WHO DOES HIS OR HER DUTIES SHALL BE RESPONSIBLE FOR THE EXECUTION OF THE RESOLUTIONS OF THE BOARD OF DIRECTORS, THE GENERAL SUPERVISION AND COORDINATION OF THE ACTIVITIES OF THE INSTITUTE.
WILL ALSO HAVE THE FOLLOWING DUTIES AND ATTRIBUTIONS:
(a) TO EXERCISE THE JUDICIAL AND EXTRAJUDICIAL REPRESENTATION OF THE INSTITUTE, AND MAY, AFTER AUTHORIZATION OF THE BOARD OF DIRECTORS, CONSTITUTE GENERAL OR SPECIAL PROXIES, AS WELL AS REVOKE THE POWERS ALREADY GRANTED ON BEHALF OF THE SAME.
(b) CONVENE AND CHAIR THE SESSIONS OF THE BOARD OF DIRECTORS AND GUIDE THEIR DELIBERATIONS.
(C) STUDY AND REVIEW, IN COLLABORATION WITH THE EXECUTIVE DIRECTOR, OR WHO DOES THE TIMES OF THE EXECUTIVE DIRECTOR, THE MATTERS TO BE KNOWN TO THE BOARD OF DIRECTORS AND SUBJECT THEM TO THEIR CONSIDERATION.
d) ENSURE COMPLIANCE WITH THE BOARD OF DIRECTORS AGREEMENTS.
e) TO PROMOTE, MANAGE AND COORDINATE WITH REPRESENTATIVES OF OTHER PUBLIC, PRIVATE OR MUNICIPAL ENTITIES, ALL REGARDING THE FULFILLMENT OF THE AIMS AND OBJECTIVES THAT THIS LAW ASSIGNS TO THE INSTITUTE, WHEN LEGALLY APPROPRIATE.
F) MONITOR THE GENERAL FUNCTIONING OF THE INSTITUTE, IN ADMINISTRATIVE, TECHNICAL AND FINANCIAL MANAGEMENT.
G) TO MAKE THE EFFORTS THAT THE INSTITUTE DEMANDS FOR THE FULFILLMENT OF ITS AIMS.
h) OTHERS WHO ASSIGN YOU THIS LAW OR THE RESPECTIVE REGULATIONS. (3) (4) (7) (9)
Chapter II
GENERAL ADDRESS
LEGISLATIVE ASSEMBLY-REPUBLIC OF EL SALVADOR ____________________________________________________________________
9
___________________________________________________________________ LEGISLATIVE INDEX
Address and Administration
Art. 16.-The immediate management of the business of the Institute and the administration of the staff will be in charge of a Managing Director, who will respond directly to the Board of Directors, for the good progress of the Institute's business.
EXECUTIVE MAY NOT REFUSE TO COMPLY WITH THE DECISIONS OR AGREEMENTS OF THE BOARD OF DIRECTORS, BUT MAY SAVE ITS LIABILITY BY STATING IN WRITING ITS FAILURE TO COMPLY WITH THE BOARD OF DIRECTORS WITHIN EIGHT WORKING DAYS OF THE DATE ON WHICH IT HAS BEEN ISSUED. FACT OF YOUR KNOWLEDGE THE RESOLUTION. (9)
attributions
Art. 17.-CORRESPONDS TO THE EXECUTIVE DIRECTOR:
A) EXERCISE THE GENERAL ADMINISTRATION OF THE INSTITUTE, IN THE ADMINISTRATIVE, TECHNICAL, OPERATIONAL AND FINANCIAL ASPECTS.
(b) DIRECTING AND MONITORING THE IMPLEMENTATION OF THE PLANS, PROGRAMMES, PROJECTS AND RESOLUTIONS EMANATING FROM THE BOARD OF DIRECTORS.
(c) PROPOSE TO THE BOARD OF DIRECTORS THE SYSTEM OF SALARIES AND BENEFITS OF THE STAFF AND REGULATIONS OF THE INSTITUTE.
D) PROPOSE TO THE BOARD OF DIRECTORS THE SET OF ACTIONS AND ACTIVITIES THAT GUARANTEE THE ECONOMIC SUSTAINABILITY OF THE INSTITUTE.
E) ACT AS SECRETARY OF THE BOARD OF DIRECTORS, PREPARE THE AGENDA FOR THE SESSIONS, RAISE THE CORRESPONDING MINUTES AND EXTEND CERTIFICATIONS.
F) INFORM THE BOARD OF DIRECTORS ABOUT THE IMPLEMENTATION OF THE PLANS, PROGRAMS AND PROJECTS DEVELOPED BY THE INSTITUTE.
g) SUBMIT MATTERS FOR YOUR JURISDICTION TO THE BOARD OF DIRECTORS.
H) PROPOSE TO THE BOARD OF DIRECTORS THE FEES, FEES, DUTIES, INCOME OR OTHER CHARGES FOR SERVICES IT PROVIDES OR FOR THE USE OR USE OF ITS ASSETS, LAND AND FACILITIES.
I) INFORM THE MANAGEMENT BOARD OF ITS ADMINISTRATIVE MANAGEMENT, OR WHEN REQUIRED TO DO SO.
J) PROPOSE TO THE BOARD OF DIRECTORS THE BUDGET, INTERNAL ORGANIZATION AND ANNUAL MEMORY PROJECT.
k) AUTHORIZE EROGATIONS UP TO THE AMOUNT DETERMINED BY LAW FOR
LEGISLATIVE ASSEMBLY-REPUBLIC OF EL SALVADOR ____________________________________________________________________
10
___________________________________________________________________ LEGISLATIVE INDEX
ATTEND TO THE INSTITUTE ' S EXPENSES.
l) CONTRACT, APPOINT, REMOVE, CHANGE AND GRANT LICENSES TO STAFF HIRED OR APPOINTED BY THE INSTITUTE ' S SALARIES LAW, IN ACCORDANCE WITH APPLICABLE LAW, AS WELL AS PENALIZE STAFF ACCORDING TO THE RESPECTIVE REGULATIONS, MONITOR THEIR EFFICIENCY, DIRECTING, ORIENTING AND COORDINATING PERSONNEL WORK.
m) RESOLVE WITH THE PRESIDENT ' S KNOWLEDGE AND APPROVAL, MATTERS THAT DO NOT REQUIRE BOARD APPROVAL.
N) ANALYZE AND REVIEW WITH THE PRESIDENT OR WHO ASSUMES HIS OR HER DUTIES, STUDIES AND RESEARCH THAT WILL ALLOW TO DICTATE NORMS, POLICIES AND WORK PROCEDURES RELATED TO THE ORGANIZATION OF THE INSTITUTE.
N) REPRESENT ADMINISTRATIVE, JUDICIAL AND EXTRA-JUDICIAL REPRESENTATION TO THE INSTITUTE, WHEN FOR ANY REASON OR REASON THE PERSON WHO EXERCISES THE PRESIDENCY OF THE BOARD OF DIRECTORS OR WHO DOES HIS OR HER TIMES WILL BE MISSING.
OR) ENSURE COMPLIANCE AND COMPLIANCE WITH THE PROVISIONS OF THE BOARD OF DIRECTORS.
P) SUBMIT TO THE BOARD OF DIRECTORS THE BUDGETS, FINANCIAL STATEMENTS, STATISTICAL REPORTS, AND OTHER REPORTS AND DOCUMENTS THAT THE BOARD IS RESPONSIBLE FOR OR THAT THE LAW OR OTHER APPLICABLE PROVISIONS MAY INDICATE.
q) ENSURE THAT THE NECESSARY PUBLICITY IS MADE FOR THE FULFILLMENT OF ITS OBJECTIVES.
R) TO PROMOTE THE CONSERVATION AND IMPROVEMENT OF THE FAMILY RECREATION CENTERS UNDER HIS ADMINISTRATION.
S) PROPOSE THE ESTABLISHMENT OF OFFICES IN THE COUNTRY FOR THE PROMOTION OF THE ACTIVITIES CARRIED OUT BY THE INSTITUTE, ACCORDING TO ART. 2.
T) MANAGE WITH DOMESTIC OR FOREIGN COMPANIES THE FACILITIES AND ADVANTAGES THAT IT CONSIDERS ADVISABLE FOR THE BENEFIT OF FAMILY, SOCIAL AND HIKING RECREATION.
U) PUBLISH GUIDES, MAPS, INFORMATION, AND ANY KIND OF ADVERTISING RELATED TO THE PROPERTIES THAT THE INSTITUTE HAS ASSIGNED OR IN ADMINISTRATION.
V) MANAGE WITH THE AUTHORITIES AND ENTITIES CONCERNED THE ADOPTION OF APPROPRIATE MEASURES FOR THE BEST PROTECTION AND COMFORT OF THE VISITOR, BOTH IN THEIR DISPLACEMENT AND IN THEIR STAY IN THE RECREATION CENTERS THAT THE INSTITUTE BE ASSIGNED OR IN ADMINISTRATION.
LEGISLATIVE ASSEMBLY-REPUBLIC OF EL SALVADOR ____________________________________________________________________
11
___________________________________________________________________ LEGISLATIVE INDEX
W) ENSURE THAT ALL JOBS ARE KEPT UP TO DATE.
x) THE OTHER ATTRIBUTIONS THAT YOU MAY POINT TO THE LAWS, REGULATIONS, AND RESOLUTIONS OF THE BOARD OF DIRECTORS. (8) (9)
TITLE III
Capital FINANCIAL RESOURCES
Art. 18. THE PATRIMONY OF THE INSTITUTE SHALL BE CONSTITUTED BY ALL THE GOODS, RIGHTS AND OBLIGATIONS AT PRESENT OF ITS PROPERTY AND ALSO BY:
(a) MOVABLE AND IMMOVABLE PROPERTY ACQUIRED BY THE MINISTRY OF LAW, FOR SALE, DONATION OR TO ANY OTHER TITLE, BY PUBLIC, PRIVATE OR MUNICIPAL ENTITIES.
(b) THE RIGHTS TRANSFERRED TO IT BY LAW OR BY ANY TITLE.
(c) THE ORDINARY OR EXTRAORDINARY CONTRIBUTIONS THAT THE GOVERNMENT OF THE REPUBLIC DETERMINES TO GRANT TO IT FOR THE FULFILLMENT OF ITS PURPOSES THROUGH THE TRANSFERS OF FUNDS IN THE BUDGET.
d) VOLUNTARY CONTRIBUTIONS AND DONATIONS, WHETHER NATIONAL OR INTERNATIONAL.
E) THE REVENUE TO BE COLLECTED IN THE RECREATION CENTERS AND IN THE ARTISTIC, CULTURAL AND SPORTS ACTIVITIES ORGANIZED BY THE INSTITUTE.
(f) THE INCOME, INTEREST OR PROFITS THAT YOU OBTAIN FROM YOUR ASSETS, LAND AND FACILITIES; AND, OTHER INCOME OR GOODS THAT YOU OBTAIN FOR ANY TITLE. (9)
FINANCIAL RESOURCES (9)
Art. 19.-THE FINANCIAL RESOURCES NECESSARY FOR THE FULFILMENT OF THE PROVISIONS OF THIS LAW SHALL BE DETERMINED IN COORDINATION WITH THE EXECUTIVE BODY, IN ORDER TO BE SUBMITTED FOR APPROVAL BY THE LEGISLATIVE ASSEMBLY AND RECORDED IN THE LAW OF THE BUDGET FOR THE FISCAL YEAR OF EACH YEAR. (9)
BIENTS AND SERVICES (9)
Art. 20.-THE ACQUISITION OF GOODS AND SERVICES BY THE INSTITUTE SHALL BE SUBJECT TO THE PROVISIONS OF THE LAW ON PROCUREMENT AND PROCUREMENT BY THE PUBLIC ADMINISTRATION (LacAP). (9)
LEGISLATIVE ASSEMBLY-REPUBLIC OF EL SALVADOR ____________________________________________________________________
12
___________________________________________________________________ LEGISLATIVE INDEX
Budget
Art. 21.-THE FORMULATION AND IMPLEMENTATION OF THE SPECIAL BUDGET SHALL BE CARRIED OUT IN HARMONY WITH THE PROVISIONS OF THE LAW AND ITS REGULATION.
ANY SURPLUS OF RESOURCES FROM THE PREVIOUS YEAR, MAY BE INCORPORATED INTO THE CURRENT BUDGET, SUBJECT TO MODIFICATION IN ACCORDANCE WITH THE LAW. (3) (9)
APPROVAL OF PROJECTS (9)
Art. 22.-THE PRELIMINARY DRAFT SPECIAL BUDGET AND SPECIAL SYSTEM OF SALARIES SHALL BE APPROVED BY A MAJORITY OF THE BOARD OF DIRECTORS AT LEAST, IN SESSION SPECIALLY HELD FOR THAT PURPOSE. (9)
REFERRAL OF THE ANTEPROJECTS (9)
Art. 23.-ONCE APPROVED BY THE INSTITUTE ' S BOARD OF DIRECTORS, THE PRELIMINARY DRAFT SPECIAL BUDGET AND SPECIAL SYSTEM OF SALARIES SHALL BE FORWARDED TO THE MINISTRY OF TOURISM NO LATER THAN 30 JUNE OF EACH YEAR, IN ORDER FOR IT TO SEND IT TO THE MINISTRY OF FINANCE, IN ORDER TO BE SUBMITTED TO THE APPROVAL OF THE LEGISLATIVE ASSEMBLY. (1) (9)
FISCAL YEAR (9) Art. 24.-THE INSTITUTE SHALL BE SUBJECT TO A SPECIAL BUDGET AND SPECIAL SYSTEM
OF WAGES, AND ITS FISCAL YEAR SHALL BE FROM 1 JANUARY TO 31 DECEMBER OF EACH YEAR. (9)
Extraordinary Budgets
Art. 25.-The investment that the Institute makes in works of a permanent nature, that are cost, with subsidies from the State or with resources obtained through long-term credit operations will be governed by Extraordinary Budgets.
TAKING OVER LONG-TERM LOANS WILL REQUIRE REASONED RESOLUTION FROM THE BOARD OF DIRECTORS WHICH, IN TURN, WILL REQUIRE THE APPROVAL OF THE EXECUTIVE BODY, IN THE BRANCHES OF ECONOMY AND FINANCE AND THE FULFILMENT OF THE REQUIREMENT REFERRED TO IN ARTICLE 148 OF THE CONSTITUTION. (4)
ADMINISTERING, LEASING, AND COMODINGPROPERTY (5)
Art. 26.-THE INSTITUTE MAY ACCEPT AND RECEIVE IN DEPOSIT, ADMINISTRATION OR ANY OTHER TITLE, FUNDS AND ASSETS OF THE STATE, AUTONOMOUS INSTITUTIONS, MUNICIPALITIES AND INDIVIDUALS, PROVIDED THAT SUCH OPERATIONS CONTRIBUTE TO THE COMPLIANCE WITH ITS PURPOSES. IT MAY ALSO LEASE OR OTHERWISE GIVE ITS PROPERTIES, PROVIDED THAT THESE OPERATIONS ARE INTENDED TO IMPROVE THE
LEGISLATIVE ASSEMBLY-REPUBLIC OF EL SALVADOR ____________________________________________________________________
13
___________________________________________________________________ LEGISLATIVE INDEX
OPERATION OF THE SAME, NON-GOVERNMENTAL ORGANIZATIONS AND MUNICIPAL GOVERNMENTS. (5)
FOR THE PURPOSES OF THE FOREGOING PARAGRAPH, IN THE TERMS OF THE RESPECTIVE CONTRACTS, THE PROVISIONS GOVERNING THE REVENUE TO BE COLLECTED FROM THE USERS OF THE DIFFERENT CONTRACTS SHALL BE LAID DOWN. DOMESTIC TURICENTERS WHICH ARE CONSTITUTED AS DATA OR IN ADMINISTRATION, AND OTHER STIPULATIONS WHICH ARE CONSIDERED RELEVANT BY THE CONTRACTING PARTIES. (5) (6)
Treasurer
Art. 27.-There will be a Treasurer charged with perceiving and guarding all funds and income of the Institute and paying all legally contracted obligations.
Deposit of income
Art. 28.-The Treasurer shall deposit on the same day, in the Central Reserve Bank of El Salvador or in the Bank designated by the Board of Directors, the securities he receives; in the event of omission, by that fact he shall be separated from his position, without prejudice to
TITLE IV
INSPECTION AND SURVEILLANCE
CONTROLS ART. 29.-THE INSTITUTE SHALL BE SUBJECT TO THE AUDIT OF THE COURT OF AUDITORS OF
THE REPUBLIC. (9)
Chapter I
EXTERNAL AUDIT Fiscal Intervention
Art. 30.-THE INSTITUTE SHALL BE SUBJECT TO THE INSPECTION AND SURVEILLANCE OF AN EXTERNAL AUDITORS FIRM THAT WILL LAST FOR ONE YEAR IN ITS DUTIES, AND MAY BE DESIGNATED FOR NEW PERIODS, WHICH SHALL REPORT TO THE BOARD OF DIRECTORS. (3) (4) (7) (9)
Preview
Art. 31. When the Institute deems it necessary, it shall hear the opinion of the Delegate of the Court of Auditors of the Republic on the operations or acts that I wish to execute in the pursuit of its purposes. If the opinion of the Delegate disagrees with that held by the Institute, the case shall be submitted to the President of the Court of Auditors of the Republic, so that, in the name of that Court, he decides.
If the Institute does not conform to the decision may, if appropriate, raise the matter to the Council of Ministers for the purposes of Article 129 of the Constitution.
LEGISLATIVE ASSEMBLY-REPUBLIC OF EL SALVADOR ____________________________________________________________________
14
___________________________________________________________________ LEGISLATIVE INDEX
Responsibility Absence
Art. 32.-In all cases of operations or acts carried out by the Institute in accordance with the criteria supported by the delegate or by the President of the Court of Auditors of the Republic, or in accordance with the resolution of the Council of Ministers, Case, there will be no place to deduct the members of the Board of Directors or the Managing Director of the Institute, any responsibility, when the respective accounts are done.
Chapter II
INTERNAL AUDIT
Appointment
Art. 33.-THE INSTITUTE WILL HAVE AN INTERNAL AUDIT UNIT, WHICH WILL BE UNDER THE DIRECT DEPENDENCE OF THE CHAIRMAN OF THE BOARD OF DIRECTORS. (9)
attributions
Art. 34.-The internal auditor shall have the following powers:
a) Verify and certify the balance sheet, income and expenditure table and any other documents relating to the financial management of the Institute;
b) Review the The Institute of Compliance with good standards and principles of audit;
c) Asking for explanations or reports that I will need for the faithful performance of its functions;
d) REPORTING WITHIN FORTY-EIGHT HOURS TO THE DIRECTOR MANAGER, THE BOARD OF DIRECTORS OR THE MINISTER OF TOURISM, AS THE CASE MAY BE, ANY IRREGULARITY OR INFRINGEMENT I NOTICE; (3) (4) (7)
E) REPORT TO THE BOARD OF DIRECTORS WHO SHALL IN TURN INFORM THE MINISTRY OF TOURISM, WITHIN TWO MONTHS OF THE END OF EACH FINANCIAL YEAR, ON THE FINANCIAL STATEMENT OF THE INSTITUTE AND ON THE CONDUCT OF ITS OPERATIONS DURING THE PRECEDING FINANCIAL YEAR, ADDING ANY OBSERVATIONS OR SUGGESTIONS THAT MAY BE APPROPRIATE TO IMPROVE FINANCIAL MANAGEMENT; (3) (4) (7)
f) To perform the commissions or commissions of its
TITLE V
EXEMPTIONS AND BENEFITS TAX EXEMPTIONS
LEGISLATIVE ASSEMBLY-REPUBLIC OF EL SALVADOR ____________________________________________________________________
15
___________________________________________________________________ LEGISLATIVE INDEX
Art. 35.-The Institute shall enjoy:
a) Exemption from any kind of tax, tax, and tax and municipal contributions, established or established in the future, on its movable and real estate, products, income or income of any class, or on the contracts or businesses it holds, as soon as such taxes, fees or contributions are to be paid by the Institute;
b) REPEALED (D.L. No. 45/94)
The importation of the effects covered by this franchise, make, subject to the laws on customs duty and with full release of any right, fee, tax or surcharge which may be caused by the importation, or which is charged on the basis of the fee, as well as the rights for the purpose of the registration of the documents required for registration;
c) Exemption from all taxes and contributions on inheritances, legacies and donations made in favor of the Institute;
d) postal, telegraphic and telephone franchise.
TITLE VI
GENERAL PROVISIONS Cooperation
Art. 36.-The Institute will develop its activities in close collaboration with other institutions interested in the conservation and promotion of the artistic and historical heritage of El Salvador.
Tourism delegates
Art. 37.-REPEALED (8)
Event Organization
Art. 38.-THE INSTITUTE WILL HAVE THE FACULTY TO PARTICIPATE IN THE ORGANIZATION, EVEN TO SUBSIDIZE SPORTS AND ARTISTIC EVENTS, CONGRESSES, CONVENTIONS, TOURS, CONFERENCES, FAIRS, CELEBRATIONS, EXHIBITIONS, COMPETITIONS, SHOWS AND ALL KINDS OF EVENTS THAT CONTRIBUTE TO THE INCREASE OF VISITORS TO RECREATIONAL CENTERS UNDER YOUR ADMINISTRATION. (8)
Hotels Registration & Rates
Art. 39.-REPEALED (8)
Tourism Agency Registration and Fees
LEGISLATIVE ASSEMBLY-REPUBLIC OF EL SALVADOR ____________________________________________________________________
16
___________________________________________________________________ LEGISLATIVE INDEX
Art. 40.-REPEALED (8)
Tourism Guides
Art. 41.-THE INSTITUTE SHALL ESTABLISH THE SERVICE OF VISITOR GUIDES IN THE FAMILY AND SOCIAL RECREATION CENTERS THAT ARE UNDER ITS JURISDICTION IN ACCORDANCE WITH THIS LAW AND SHALL REGULATE ITS OPERATION IN ACCORDANCE WITH THIS LAW AND THE APPLICABLE REGULATIONS. (8) (9)
Authorization
Art. 42. IN ORDER TO EXERCISE THE ACTIVITY OF VISITOR GUIDES, A WRITTEN AUTHORIZATION ISSUED BY THE INSTITUTE WILL BE NECESSARY, IN ACCORDANCE WITH THE REGULATIONS THAT ARE ISSUED ON THE PARTICULAR ONE. (8) (9)
Bans
Art. 43.-REPEALED (8)
Sanctions
Art. 44.-REPEALED (3) (4) (7) (8)
Procedure
Art. 45.-REPEALED (3) (4) (7) (8)
Resources
Art. 46.-REPEALED (3) (4) (7) (8)
Tourist Representation
Art. 47.-REPEALED (8)
Duration and Liquidation
Art. 48. THE INSTITUTE SHALL HAVE AN INDEFINITE DURATION. ITS TERMINATION SHALL PROCEED WHEN THE LEGISLATIVE BODY SO PROVIDES, EITHER BECAUSE IT DOES NOT COMPLY WITH THE PURPOSES OF THIS LAW OR BY ANY OTHER CIRCUMSTANCE OF THE SAME ENTITY OR VALUE.
IN THE LEGISLATIVE DECREE DECLARING THE TERMINATION OF THE INSTITUTE, THE NECESSARY MEASURES WILL BE ISSUED TO PROCEED WITH THE LIQUIDATION OF ITS ASSETS AND LIABILITIES. (9)
JOB STABILITY (9)
LEGISLATIVE ASSEMBLY-REPUBLIC OF EL SALVADOR ____________________________________________________________________
17
___________________________________________________________________ LEGISLATIVE INDEX
Art. 48-A.-EMPLOYEES OF THE ISTU WILL ENJOY JOB STABILITY IN EMPLOYMENT OR POSITION AND CONTINUE TO ENJOY THE SAME BENEFITS THEY CURRENTLY HAVE, BOTH BY LAW AND BY THE COLLECTIVE LABOR CONTRACT. (9)
REGULATIONS (9)
Art.48-B.-THE PRESIDENT OF THE REPUBLIC WILL ELABORATE THE CORRESPONDING REGULATIONS. (9)
SPECIAL CHARACTER (9)
Art. 48-C.-THE PRESENT LAW SHALL PREVAIL OVER ANY OTHER THAN THE CONTRARIE. FOR REPEAL OR MODIFICATION, IT MUST BE EXPRESSLY MENTIONED. (9)
Repeal
Art. 49.-Derogase Legislative Decree No. 3000, dated January 20, 1960, published in Official Journal No. 15, Tomo 186, on the 22nd of the same month and year and any other provision opposing this Law.
Vigence
Art. 50.-This Decree shall enter into force eight days after its publication in the Official Journal.
GIVEN AT THE PRESIDENTIAL HOUSE: San Salvador, at the thirteenth day of December, thousand nine hundred and sixty-one.
Anibal Portillo.
Feliciano Avelar.
Mariano Castro Moran.
Victor Manuel Cuellar Ortiz, Minister of Economy.
D.O. No. 235 Took No. 193 Date 21 December 1961.
REFORMS:
(1) D. L. Nº 100, SEPTEMBER 24, 1970; D. O. NO. 182, T. 229, OCTOBER 6, 1970.
LEGISLATIVE ASSEMBLY-REPUBLIC OF EL SALVADOR ____________________________________________________________________
18
___________________________________________________________________ LEGISLATIVE INDEX
(2) D. L. Nº 6, 14 JUNE 1972; D. O. Nº 119, T. 235, JUNE 28, 1972.
(3) D.L. Nº 55, 27 JUNE 1985; D.O. NO 142, T. 288, 29 JULY 1985.
(4) D.L. NO 366, 9 NOVEMBER 1989; D.O. NO 216, T. 305, NOVEMBER 22, 1985.
(5) D.L. Nº 567, JANUARY 5, 1996; D.O. NO 10, T. 330, JANUARY 16, 1996.
(6) D.L. Nº 710, 16 MAY 1996; D.O. NO 106, T. 331, 10 JUNE 1996.
(7) D. L. No. 501, NOVEMBER 5, 2004; D. O. NO. 232, T. 365, DECEMBER 13, 2004.
(8) D. L. Nº 901, DECEMBER 10, 2005; D. O. NO. 237, T. 369, DECEMBER 20, 2005.
(9) D.L. Nº 719, OCTOBER 2, 2008; D.O. NO. 204, T. 381, OCTOBER 30, 2008.
(10) D.L. No. 97, AUGUST 18, 2012; D.O. NO. 154, T. 396, AUGUST 22, 2012.
PARTIAL REPEAL:
D.L. NO 45, 30 JUNE 1994; (Literal b del Art. 35) D.O. NO 148, T. 324, AUGUST 15, 1996. AUTHENTIC INTERPRETATION TO D. L NTERNO 45 OF 1994: D.L. NO. 233, JANUARY 5, 1995; D.O. NO. 21, T. 326, JANUARY 31, 1995.
RARC/mef
LM/ngcl 21/2/06
LEGISLATIVE ASSEMBLY-REPUBLIC OF EL SALVADOR ____________________________________________________________________
19
___________________________________________________________________ LEGISLATIVE INDEX
ROM/mldb 14/11/08
JCH 12/0912
