Key Benefits:
LEGISLATIVE ASSEMBLY-REPUBLIC OF EL SALVADOR ____________________________________________________________________
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DECREE No. 208
THE LEGISLATIVE ASSEMBLY OF THE REPUBLIC OF EL SALVADOR,
CONSIDERING:
I.-That the National Road Network is a public good and a necessary heritage, which serves and belongs to the Nation, whose good state is vital for the achievement of the economic and social development of the country.
II. users, as well as for the economy of the Nation, a National Road Network in good standing represents substantial benefits in terms of fuel consumption savings, spare parts, vehicle repairs, loss of users ' time, reduction of accidents and optimization in the use of public resources; therefore, it is a factor determining the competitiveness and productivity of industry, commerce, agriculture, tourism and other productive sectors of society.
III.-That currently the National Government, through the Ministry of Public Works, Transport, Housing and Urban Development does not meet the needs of road conservation; which is a factor that accelerates the deterioration of the National Road Network, negatively impacting users, in the productive sectors and in national development interests.
IV.-Which is a priority for national interests introduce modern mechanisms of financing and management of the conservation of the National Road Network that will allow the sustainability of the investments made and those that will be made in the future.
BY TANTO,
in use of its faculties on the initiative of the President of the Republic, through the Minister of Public Works, Transportation, Housing and Urban Development and Deputies Julio Antonio Gamero Quintanilla, Carmen Elena Calderon de Escalon, Walter Rene Araujo Morales, Carlos Antonio Borja Letona, Renato Antonio Perez, Roberto Jose D' Aubuisson Munguía, Mauricio Lopez Parker, Rodrigo Avila Avilés, Rene Mario Figueroa, Norman Noel Quijano Gonzalez, Guillermo Antonio Gallegos Navarrete, Juan Duch Martinez, Juan Miguel Bolanos Torres, Joaquin Edilberto Iraheta, Martin Francisco Antonio Zaldivar Vides, Jose Mauricio Quinteros Cubias, Osmin Lopez Escalante, Nelson Funes, Hector Nazario Salaverria Mathies, Roberto Villatoro, Jesus Grande, Douglas Alejandro Wings Garcia, Willian Rizziery Pichinte, Louis Agustin Calderon Cáceres, Hermes Alcides Flores Molina, Donato Eugenio Vaquerano Rivas, Carlos Armando Reyes Ramos, Rafael Hernan Contreras Rodriguez, Julio Eduardo Moreno Niños, Alejandro Dagoberto Marroquín, Roman Ernesto Guerra, Jose Rafael Machuca Zelaya, Jose Antonio Almendariz Rivas, Elizardo Gonzalez Lovo, Ruben Orellana, Noel Orlando Gonzalez, Mario Antonio Ponce, Carlos Walter Guzman, Isidro Antonio Caballero, José Francisco Merino López, Ciro Cruz Zepeda Peña, René Aguiluz Carranza, Alfonso Aristides Alvarenga, Agustin Diaz Saravia, David Humberto Trejo, Mauricio Hernandez Perez, Jose Tomas Mejia Castillo, Horacio Humberto Rios, and Gerardo Antonio Suvillaga.
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DECRETA the following: VIAL CONSERVATION FUND
TITLE I PROVISIONS PRELIMINARIES
SINGLE GENERAL ASPECTS
OBJECT OF LAW
ART. 1. THE PURPOSE OF THIS LAW IS TO ESTABLISH THE LEGAL FRAMEWORK FOR THE FINANCING AND MANAGEMENT OF THE CONSERVATION OF THE NATIONAL PRIORITY ROAD NETWORK MAINTAINABLE AND OF THE PRIORITY URBAN ROAD NETWORK MAINTENIBLE, WHICH ARE DEFINED LATER. (2)
Statement of Public Interest
Art. 2.-Declaration of necessity and public interest for road conservation, which is a public and priority activity of the State, as well as all acts conducive to the achievement of the objectives embodied in this Law.
Definitions
Art. 3.-FOR THE PURPOSES OF THIS LAW, THE FOLLOWING CONCEPTS ARE DEFINED:
1. ROAD CONSERVATION: A WIDE RANGE OF ACTIVITIES AIMED AT PRESERVING THE GOOD STATE OF THE EARTH ' S COMMUNICATION ROUTES IN A CONTINUOUS AND SUSTAINED MANNER, SO AS TO ENSURE AN OPTIMAL SERVICE TO THE USER.
CONSERVATION INCLUDES ACTIVITIES SUCH AS ROUTINE AND PERIODIC MAINTENANCE, SIGNAGE, AS WELL AS THE MAINTENANCE OF BRIDGES AND PASSING WORKS.
ROUTINE MAINTENANCE REFERS TO THE LOCALIZED REPAIR OF SMALL DEFECTS IN THE ROADWAY AND PAVEMENT; LEVELING OF UNPAVED SURFACES AND SHOULDERS; REGULAR MAINTENANCE OF DRAINAGE, LATERAL SLOPES, EDGES, DEVICES FOR THE CONTROL OF TRAFFIC AND OTHER ACCESSORIES, CLEANING OF RIGHT-OF-WAY STRIPS AND THE CONTROL OF VEGETATION; BY ITS NATURE IT IS APPLIED ONE OR MORE TIMES PER YEAR.
PERIODIC MAINTENANCE IS THE ONE THAT REFERS TO THE TREATMENT AND RENOVATION OF THE SURFACE, ITS PERIODS OF APPLICATION ARE GREATER THAN ONE YEAR. CONSIDERING THE TREATMENT OF THE SURFACE, AS THE ACTIVITY OF PERIODIC MAINTENANCE OF PAVED ROADS, BY WHICH IT IS SOUGHT TO ESTABLISH THE CHARACTERISTICS OF THE PAVEMENT, WITHOUT BECOMING A STRUCTURAL REINFORCEMENT; AND AS A RENOVATION OF THE SURFACE, ON AN UNPAVED ROAD, AS THE APPLICATION OF
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A LAYER OF MATERIAL OR WORKS CONSISTING OF THE ADDITION OF A NEW MATERIAL, BEING ABLE TO PERFORM A TREATMENT OF THE BASE, BEFORE THE PLACEMENT THEREOF. ON PAVED ROADS, IT REFERS TO THE APPLICATION OF AN ADDITIONAL LAYER ON THE PAVEMENT, MODIFYING IN SOME CASES THE UNDERLYING STRUCTURE AND INCREASING THE STRUCTURAL REINFORCEMENT.
THE MAINTENANCE OF BRIDGES AND PASSING WORKS: IT IS THE SET OF ACTIVITIES THAT NEED TO BE CARRIED OUT ON BRIDGES AND PASSING WORKS, WITH THE OBJECTIVE OF ENSURING CONNECTIVITY AND TRANSITABILITY IN THE ROUTES THAT CORRESPOND TO THE ROAD NETWORK PRIORITY NATIONAL MAINTAINABLE. IT CAN CONSIST OF WORKS BOTH IN THE SUBSTRUCTURE, SUPERSTRUCTURE, SUPPORTS AND STIRRUPS AND PLATFORM OF BEARING, AS WELL AS THE HANDLING OF THE WATERS.
THE SIGNAGE: IT IS THE SET OF ACTIVITIES THAT ARE CARRIED OUT ON THE ROADS WITH THE OBJECTIVE TO MINIMIZE THE ACCIDENTS, WHICH CAN BE CARRIED OUT ON THE SURFACE OF BEARING AND SHOULDERS OR IN ANY PART OF THE RIGHT OF WAY; AND WHEN THEY CONTRIBUTE TO AVOID ACCIDENTS AND IMPROVE THE TRANSITABILITY AND IDENTIFICATION OF THE TRACKS.
THE CONSERVATION DOES NOT INCLUDE THE CONSTRUCTION OF NEW ROUTES, NOR THE RECONSTRUCTION OR THE TOTAL REHABILITATION OR IMPROVEMENT OF THE ROAD TO RAISE ITS LEVEL OF SERVICE; THESE ACTIVITIES WILL BE ATTRIBUTIONS OF THE MINISTRY OF WORKS PUBLIC, TRANSPORT AND HOUSING AND URBAN DEVELOPMENT, IN THOSE AREAS OF THEIR COMPETENCE, ACCORDING TO THE LAW OF ROADS AND NEIGHBORHOOD ROADS.
2. PRIORITY NATIONAL ROAD NETWORK: A SET OF PAVED ROADS AND UNPAVED ROADS UNDER THE COMPETENCE OF THE NATIONAL GOVERNMENT, WHOSE MAIN PURPOSE IS TO COMMUNICATE ADEQUATELY TO THE MUNICIPALITIES OF THE COUNTRY, AND TO THE REST OF THE CENTRAL AMERICAN REGION. THE PRIORITY NATIONAL ROAD NETWORK IS INTEGRATED AS FOLLOWS:
(a) PAVED ROADS, WHICH ARE SUBDIVIDED INTO SPECIAL, PRIMARY AND SECONDARY, IN ACCORDANCE WITH THE LAW OF THE MATTER;
b) MAIN PATH UNPAVED, WHICH CONNECTS THE MUNICIPALITY WITH THE MAIN PAVED ROAD OR MUNICIPALITIES TO EACH OTHER, AS WELL AS OTHER STRETCHES OF NATIONAL PRIORITY ESSENTIAL FOR THE AGRICULTURAL, TOURISM AND ECONOMIC DEVELOPMENT OF THE COUNTRY; AND,
c) THE BRIDGES AND PASSING WORKS INCLUDED IN THE ROADS AND ROADS.
3. PRIORITY NATIONAL ROAD NETWORK MAINTAINABLE: A SET OF ROUTES OF THE NATIONAL ROAD NETWORK PRIORITY, IN GOOD AND REGULAR CONDITION. THE DEFINITION OF SUCH A NETWORK WILL BE CONDUCTED PERIODICALLY FROM TECHNICAL STUDIES CONTRACTED BY THE FOVIAL
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AND WITH DUE COORDINATION WITH THE MINISTRY OF PUBLIC WORKS, TRANSPORT AND HOUSING URBAN DEVELOPMENT.
4. URBAN ROAD NETWORK: SET OF PAVED STREETS AND UNPAVED ROADS UNDER THE COMPETENCE OF LOCAL GOVERNMENTS.
5. PRIORITY URBAN ROAD NETWORK MAINTAINABLE: A SET OF PAVED ROADS OF THE URBAN ROAD NETWORK, IN GOOD AND REGULAR STATE, IN WHICH THE MUNICIPALITIES DO NOT MEET THE NEEDS OF ROAD CONSERVATION. THE DETERMINATION OF THIS NETWORK WILL BE CARRIED OUT PERIODICALLY FROM TECHNICAL STUDIES CONTRACTED BY THE FOVIAL, ACCORDING TO THE CRITERIA OF PRIORITIZATION THAT ARE DEVELOPED IN THE REGULATION OF THIS LAW. (2)
VIAL CONSERVATION FUND TITLE II
CHAPTER I CREATION AND RESPONSIBILITIES
Creating the Road Conservation Fund
Art. 4.-Create the Road Conservation Fund, which will henceforth be abbreviated as FOVIAL, as an entity governed by public law, of a technical nature, of public utility, of indefinite duration, with legal personality and its own patrimony, with full autonomy in the exercise of their functions, both in financial and administrative and budgetary terms. For the exercise of their privileges established in this Law, their domicile will be the City of San Salvador, but it will be able to establish dependencies anywhere in the Republic.
Responsibility
Art. 5. THE RESPONSIBILITY OF THE FOVIAL SHALL BE TO ADMINISTER EFFICIENTLY THE FINANCIAL RESOURCES CORRESPONDING TO IT, TO PERFORM AN ADEQUATE LEVEL OF CONSERVATION SERVICE IN THE NATIONAL PRIORITY ROAD NETWORK MAINTAINABLE AND IN THE PRIORITY URBAN ROAD NETWORK MAINTAINABLE; MAINTAIN ADEQUATE COMMUNICATION WITH THE USERS OF THE TRACKS AND ACCOUNT FOR THEIR ACTIONS AT LEAST ONCE A YEAR. (2)
CHAPTER II OBJECTIVES
Fundamental Objectives
Art. 6.-The fundamental objectives of the FOVIAL are:
a) Velar for its financial sustainability as well as for the efficiency and institutional effectiveness;
b) To promote a management of road conservation characterized by its proactivity, the
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transparency in its administration, quality in service and care for the user;
c) Ensure an adequate level of road conservation, based on the technical standards established by the Ministry of Public Works, Transport, Housing and Urban Development, as a regulatory entity;
d) Encourage the participation of the users of the road infrastructure through different modalities and maintain a responsible communication policy towards them in all matters relating to institutional management; and,
e) Promote the participation of the private sector in road conservation activities, based on principles of competitiveness business and transparency.
CHAPTER III ORGANIZATION
Organic Structure
Art. 7.-The FOVIAL will have the following basic organic structure:
1.-The Board of Directors.
2.-The Executive Direction.
3.-The Operating and Advisory Units.
To address aspects of interest from different sectors of the the society linked to the issue of management of road conservation or aspects that could contribute to achieving the objectives of the FOVIAL, the Board of Directors may constitute External Committees. These Committees shall have a technical, consultative and pro-positive character, a defined duration and shall not be able to exercise privileges beyond those referred to in this Law.
Integration of the Board of Directors
Art. 8.-The Board of Directors will be integrated as follows:
1.-The Minister of Public Works, Transport, Housing and Urban Development;
2.-A representative of the Minister of Economy;
3.-THREE REPRESENTATIVES OF THE SECTOR GOVERNMENT, ELECTED AND APPOINTED BY THE PRESIDENT OF THE REPUBLIC, OF AN OPEN LIST OF CANDIDATES FROM PRIVATE ENTERPRISE ASSOCIATIONS WITH LEGAL PERSONALITY, NON-GOVERNMENTAL ORGANIZATIONS RELATED TO THE MAINTENANCE AND ROAD CONSERVATION WITH LEGAL PERSONALITY, TRADE UNIONS OF UNDERTAKINGS ENGAGED IN ACTIVITIES RELATED TO THE OBJECT OF THIS ACT AND
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UNIVERSITIES ACCREDITED BY THE MINISTRY OF EDUCATION; AND, (5) *** DECLARED UNCONSTITUTIONAL
4.-Two representatives of the users appointed by the President of the Republic.
THE ENTITIES MENTIONED IN NUMERAL 3, WHO WISH TO INCLUDE CANDIDATES IN THE LIST, MUST SELECT THEM ACCORDING TO THEIR INTERNAL ORDER. (5) *** DECLARED UNCONSTITUTIONAL
Membership of the Board of Directors is inselectable.
Substitute Members
Art. 9.-For each member of the Board of Directors, there will be an alternate who will replace him in his absence with the same rights and powers. The Deputy Minister of Public Works, Transport, Housing and Urban Development will be the Deputy Minister of Public Works.
Chair of the Board of Directors
Art. 10.-The President of the Board of Directors will be the Minister of Public Works, Transport, Housing and Urban Development. The Vice President will be elected among its members, who will act as President-in-Office in the face of the justified absence of the first.
Appointment of the Board of Directors
Art. 11.-For the appointment of the members of the Board of Directors, except the Minister of Public Works, Transport, Housing and Urban Development, the following general criteria shall be observed:
1.-The representative owner and alternate The Ministry of Economy shall be appointed by the Minister of Economy;
2. REPRESENTATIVES OF THE NON-GOVERNMENTAL SECTOR SHALL BE APPOINTED DIRECTLY BY THE PRESIDENT OF THE REPUBLIC. THE REPRESENTATIVES SHALL BE ACTIVE PARTNERS OF THE ENTITY THEY REPRESENT. THE PROCEDURES RELATED TO ARTICLE 8, NUMERAL 3, SHALL BE DEVELOPED IN A REGULATORY MANNER; AND, (5) *** DECLARED UNCONSTITUTIONAL
3.-The representatives of the users appointed by the President of the Republic shall be persons of recognized capacity and credibility with society.
Period of Functions
Art. 12.-The owners and alternate representatives, except the Minister of Public Works, Transport, Housing and Urban Development, shall perform their duties for periods of three years, and may
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be re-elected only for an additional period.
Emotion Causals
Art. 13.-The members of the Board of Directors may be removed or replaced only, upon reasoned request of the instance that appointed them or of the users, when there is a conflict of interest, for clear indications that they have lost the representativeness of your sector, for presenting any of the inabilities referred to in this Law or when there is no justified cause for three Council sessions in the same year.
Right to Diets
Art. 14.-The acting owners or alternate representatives, except the Minister of Public Works, Transport, Housing and Urban Development and the Deputy Minister of Public Works, who attend the meetings shall be entitled to the allowance (a) the provisions of the Regulation of this Law. In no case will allowances be paid for more than two meetings per month. The allowances shall be part of the administrative expenditure of the FOVIAL.
Validity of Sessions
Art. 15.-At least the concurrency of four appointed representatives or alternate representatives is required, so that the Board of Directors can validly session. These sessions may be attended by each representative owner with their respective alternate, acting in these cases the first one with voice and vote, and the second only with a voice. Alternate representatives will replace the owners, with voice and vote, in cases of excuse, absence or temporary impediment, with the same rights and powers.
Adoption of Resolutions
Art. 16.-Resolutions shall be adopted by a simple majority and in the event of a tie, the Chair of the Board of Directors shall decide.
Requirements to be a Member of the Board of Directors and Executive Director
Art. 17. To be a member of the Board of Directors or Executive Director is required:
1.-To be a Salvadoran national;
2.-To have an academic degree, preferably in the areas of civil engineering, administration, economics, finance, right; with a minimum of five years of public or private sector experience;
3.-Be of recognized and proven morality and honesty; and,
4.-Submit a certified affidavit in which you do not have Skills to fill the job.
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Inabilities
Art. 18.-They are not able to be members or alternate members of the Board of Directors or Executive Director:
1.-Those who are linked to the Ministry of Public Works, Transport, Housing and Urban Development, for reasons of commercial relations, claims or outstanding obligations for non-compliance with contracts;
2.-The spouses or relatives within the fourth degree of consanguinity or second degree of affinity of the President or Vice President of the Republic of Public Works, Transport, Housing and Urban Development or the Deputy Minister of Works Public, of any member or alternate member of the Board of Directors or of the Executive Director;
3.-Natural persons, members of the same company of persons or of capital or who are part of boards of directors in companies that bid or intend to tender to the FOVIAL or the Ministry of Public Works, Transport, Housing and Urban Development;
4.-Natural or legal persons whose ordinary activity is subject to the hiring of the FOVIAL or represent the interests of those; and,
5.-Those declared in contest or bankruptcy, who have not obtained their rehabilitation.
Replacing a Member of the Board of Directors
Art. 19.-When any of the owners or alternate members of the Board of Directors of any of the inabilities established in the previous article, or any of the causals of removal, exist in any of the members or alternate members of the Board of Directors, the President of the Council, after agreement of the Board of Directors, will put it in knowledge of the one that made the designation and the substitution will be performed according to the established procedure. In case of resignation or death, the normal process of choice should be followed. In these cases, the new member of the Board will serve up to the period that the replaced member was remaining.
In the cases of substitution referred to above, the decisions taken by the Board of Directors will be valid as long as they have not There is a very high level of compliance with the consent at the time of the act.
Frequency of Sessions
Art. 20.-The Board of Directors shall meet monthly in an ordinary manner or at times as appropriate; in no case shall it be less than one meeting per month. It may be extraordinary when the Chair of the FOVIAL is convened or requested by three proprietary members.
Executive Board Powers
Art. 21.-They are the responsibility of the Board of Directors:
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1.-Establish FOVIAL strategies, policies and programs oriented to efficient management, effective, relevant, transparent and sustainable;
2.-Control the general functioning of the FOVIAL and verify its compliance with the plans, programs, orientations and policies adopted by the Board of Directors;
3. Executive Director;
4.-Authorize the Executive Director the conclusion of the entity's contracts, agreements or commitments, in accordance with the law of Procurement and Contracts of Public Administration;
5.-Formulate, design and implement the internal structure of the FOVIAL;
6.-Approve the technical and administrative processes, personnel plant, assets and their modifications;
7.-Velar because they timely enter the FOVIAL the resources that correspond to it and exercise the actions conducive to this. For this purpose, the FOVIAL shall practice verifications and audits with the retention agents;
8.-Give unanimous or special powers to the Executive Director in cases that are necessary. In this circumstance, the Executive Director may only exercise the special privileges for the purpose and duration that he is entitled to;
9.-Determine the salary of the Executive Director;
10.-Know and approve the proposals salary for FOVIAL staff;
11.-Approve the annual income and expenditure budget of the FOVIAL;
12.-Manage the resources for road conservation with autonomy;
13.-Define by unanimous vote the policy of cash handling;
14.-Establishing relationships with national or foreign bodies for technical or financial collaboration;
15.-Approve all the contracts necessary for the achievement of the objectives of the FOVIAL;
16.-To promote the transfer of technology and research in the field of infrastructure
17.-Fiscalize the execution of contracts entered into with third parties, and approve those proposed by the Executive Director, that exceed the limit set by the Board of Directors;
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18.-Approve the annual memory and financial statements of the FOVIAL;
19.- to resolve any situation not provided for in this Law, in which case it will require unanimity of votes from all members; and,
20.-Ensure that audits are carried out in a timely manner and correspond to the periods indicated.
Directing Board President
Art. 22.-Corresponds to the Chair of the Board of Directors:
1.-To present the FOVIAL in a judicial and extrajudicial manner, and may grant general, judicial, administrative and special powers, after authorization from the Board of Directors;
2.-Chair the sessions of the Board of Directors; and,
3.-Subscribe to the contracts concluded by the FOVIAL, within the powers granted to it by this law, the Regulations and the Board of Directors.
Art. 23.-They are the privileges of the Executive Director:
1.-To direct, guide, coordinate, monitor and execute the functions assigned to the FOVIAL, as well as all those inherent in its position;
2.-To direct and manage the operation of the FOVIAL and execute the decisions of the Board of Directors;
3.-Execute the policies, programs and guidelines of the FOVIAL;
4.-To propose to the Board of Directors the budget and the annual plan of the FOVIAL to execute it once approved;
5.-Participate in the meetings of the Board of Directors as Secretary, having voice, but no vote;
6.-Elaborate manuals and instructions, according to the directions of the Board of Directors;
7.-Select, hire and remove the staff of the FOVIAL, according to the respective procedures;
8.-Submit for the approval of the Board of Directors of the audited financial statements, as well as the annual work memory;
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9.-Establish management information systems that allow for objective and transparent monitoring of the projects, resources and management of the FOVIAL; and,
10.-Design and operate a system of information, service and relations with the users of the tracks, that allows to these to know the conditions and works developed with the resources of the FOVIAL.
Communications and Training
Art. 24.-The FOVIAL will include in its budget the relevant item to finance programs of outreach, promotion, education and communication with road infrastructure users, as well as to train its officials, with a view to strengthening programs in the field of road conservation and technology transfer.
Project Selection
Art. 25.-The FOVIAL will define the investment policy on the basis of technical criteria, impact of the projects in its area of influence, criteria of prioritization and availability of resources. This policy will be communicated to the public and will be available for consultation of any sector. The selection of projects and prioritization should stimulate citizen participation and consultation mechanisms.
CHAPTER IV ESTABLISHMENT OF THE ROAD CONSERVATION CONTRIBUTION
Art. 26.-PLEASE NOTE THE ROAD CONSERVATION CONTRIBUTION. CONSEQUENTLY, THE SALE OR ANY FORM OF TRANSFER OF OWNERSHIP OF DIESEL AND GASOLINES OR THEIR MIXTURES WITH OTHER FUELS CARRIED OUT BY IMPORTERS OR REFINERS CONSTITUTES A OPERATIVE EVENT FOR THAT CONTRIBUTION. IN THE CASE OF NATURAL OR LEGAL PERSONS DIRECTLY IMPORTING SUCH PRODUCTS FOR THEIR OWN CONSUMPTION, THE CONTRIBUTION SHALL BE GENERATED AT THE TIME SUCH PRODUCTS ENTER THE COUNTRY. (1)
THE VALUE OF THE ROAD CONSERVATION CONTRIBUTION WILL BE 20 CENTS OF AMERICAN DOLLAR (US $0.20) PER GALLON OF DIESEL, GASOLINE OR ITS BLENDS WITH OTHER FUELS. THE AVIATION FUEL AND THE FUEL USED FOR FISHING ACTIVITIES ARE EXEMPTED FROM THIS PROVISION. FOR THE PURPOSES OF THIS EXCLUSION, ONLY THE EXTRACTION OF A HYDROBIOLOGICAL PRODUCT IS A FISHING ACTIVITY. IN THE CASE OF NATURAL OR LEGAL PERSONS ENGAGED IN THE FISHING ACTIVITIES REFERRED TO IN THIS PARAGRAPH, THEY MUST BE REGISTERED IN THE NATIONAL REGISTER OF FISHERIES AND AQUACULTURE, AND SHALL HAVE TO EXTEND TO THEM A DOCUMENT OF IDENTIFICATION FOR THE ENJOYMENT OF THE BENEFIT GRANTED IN THIS ARTICLE, WHICH MUST BE PRESENTED TO THE FUEL DISTRIBUTOR IN A TIMELY MANNER. (1) (3) *SUBSECTION 2 ° DECLARED UNCONSTITUTIONAL
THE CONTRIBUTION OF ROAD CONSERVATION MUST BE RETAINED BY THE IMPORTER OR REFINER, AT THE TIME OF THE SALE OR TRANSFER OF FUELS IN THE LOCAL MARKET. (1)
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WITHIN THE FIRST FIVE BUSINESS DAYS OF EACH MONTH, LOCAL IMPORTERS OR REFINERS THEY SHALL INFORM THE GENERAL FUND OF THE STATE OF THE ACCUMULATED CONTRIBUTIONS OF THE PREVIOUS MONTH, ALSO, WITHIN THE MONTH FOLLOWING THE COLLECTION PERIOD, SHALL INFORM THE FOVIAL IN WRITING OF THE AMOUNTS ENTERED, ANNEXED TO A DECLARATION AFFIDAVIT OF THE INVOICED VOLUME AND/OR TRANSFERRED. (1)
FINAL PARAGRAPH REPEALED BY D.L. No 789/2008 (1) (4)
INSTITUTIONAL FACULTIES (4)
Art. 26-A.-FOR THE APPLICATION OF THE EXCLUSION FROM THE CHARGE OF THE CONTRIBUTION OF ROAD CONSERVATION TO PERSONS ENGAGED IN EXTRACTIVE FISHING, THE MINISTRY OF AGRICULTURE AND LIVESTOCK AND THE MINISTRY OF FINANCE, SHALL DEVELOP COORDINATION INTER-INSTITUTIONAL NECESSARY TO OPERATE SUCH EXCLUSION, THE FIRST THROUGH THE MANAGEMENT OF THE FISHERIES AND AQUACULTURE DEVELOPMENT CENTRE, HEREINAFTER REFERRED TO AS FISHERIES, AND THE SECOND THROUGH THE DIRECTORATE-GENERAL FOR INTERNAL TAXATION, IN FORWARD DGII AND THE GENERAL TREASURY MANAGEMENT, HEREINAFTER REFERRED TO AS DGT.
1) THE MINISTRY OF AGRICULTURE AND ANIMAL HUSBANDRY BY MEANS OF CENDEFISHING SHALL HAVE THE FOLLOWING POWERS OR OBLIGATIONS:
(a) TO FACILITATE THE APPLICATION FORM FOR OBTAINING THE IDENTIFICATION DOCUMENT FOR THE EXCLUSION OF THE CONTRIBUTION, HEREINAFTER REFERRED TO AS DIF, AND ESTABLISH THE REQUIREMENTS AND PROCEDURES FOR ITS EXTENSION, RENEWAL AND REPLACEMENT, AND ITS EMISSION MODE. THE EXTENSION OF THE SAME FOR THE FIRST TIME WILL HAVE NO COST, WHILE ITS RENOVATION OR REPLACEMENT WILL HAVE A COST OF 1/25 OF THE MONTHLY MINIMUM WAGE FOR THE TRADE AND SERVICES, WHICH WILL BE DETERMINED BY MULTIPLYING THE DAILY MINIMUM WAGE DIURNA FOR THIRTY DAYS, AND ITS VALIDITY WILL BE THREE YEARS. THIS DOCUMENT SHALL DEMONSTRATE TO PERSONS ENGAGED IN THE EXTRACTION OF HYDROBIOLOGICAL PRODUCTS FOR THE EXTRACTION OF FUEL EXCLUDED FROM THE CONTRIBUTION;
b) TO ESTABLISH FUEL QUOTAS PER VESSEL FOR THE BENEFICIARIES OF THE EXCLUSION FROM THE CHARGE OF THE CONTRIBUTION, TAKING INTO ACCOUNT THE CLASSIFICATION OF FISHERIES ESTABLISHED BY THE GENERAL LAW FOR THE MANAGEMENT AND PROMOTION OF FISHERIES AND AQUACULTURE, FOR FISHING VESSELS AND OTHER TECHNICAL CRITERIA SUCH AS THE RESPECTIVE ONES SPECIES SUBJECT TO CAPTURE AND THE ESTABLISHMENT OF CATEGORIES ACCORDING TO THE TYPE AND POTENTIAL OF THE MOTORES;
(c) PROVIDE MONTHLY WITHIN THREE WORKING DAYS FOLLOWING THE EXPIRATION OF THE PRECEDING MONTH, THE INFORMATION IN WRITTEN OR ELECTRONIC MEANS TO THE DGII, ON THE NATURAL AND LEGAL PERSONS TO WHOM IT HAS ISSUED THE DIF, THE VOLUME OF
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MONTHLY FUEL ALLOCATED BY DIF, REGISTRATION NUMBER, TAX IDENTIFICATION NUMBER, VESSEL REGISTRATION, ENGINE POWER, AND TYPE OF FUEL ALLOCATED;
d) PROVIDE IN DUE TIME FOR DGII, THE INFORMATION CONTAINED IN THE NATIONAL FISHERIES AND AQUACULTURE REGISTER AND ITS UPDATE, FOR THE PURPOSE OF A CORRECT APPLICATION OF ARTICLE 26 OF THIS LAW AND ITS REGULATION WHICH FOR THAT PURPOSE EMITA; AND,
E) INFORM THE DGII TIMELY, WHEN IN THE EXERCISE OF ITS POWERS IT HAS KNOWLEDGE, REGARDING PERSONS EXCLUDED FROM THE PAYMENT OF THE CONTRIBUTION, THAT THEY HAVE USED THE QUOTA OF FUEL PARTIALLY OR TOTALLY FOR PURPOSES OTHER THAN THE AUTHORIZED ONE, OR HAVE ACQUIRED A LARGER QUOTA THAN THE ONE ASSIGNED.
2) THE MINISTRY OF FINANCE THROUGH DGII OR THE DGT, AS APPROPRIATE, SHALL HAVE THE FOLLOWING POWERS:
(a) VERIFY AND RESOLVE THROUGH DGII ON REQUESTS FOR THE RETURN OF THE CONTRIBUTION VALUES, PAID BY THE PERSONS WHO MADE THE SALES EXCLUDED FROM IT TO THE SUBJECTS ENGAGED IN THE FISHING ACTIVITY, RELATED TO THE EXTRACTION OF HYDROBIOLOGICAL PRODUCTS. SUCH A DECISION BY THE DGII SHALL BE NOTIFIED WITHIN A PERIOD NOT EXCEEDING 15 WORKING DAYS FROM THE DAY ON WHICH THE APPLICATION IS RECEIVED;
b) AUDIT AND CONTROL BY THE DGII, THE HOLDING AGENTS OF THE CONTRIBUTION TO THE EXCLUDED SUBJECTS AND TO THE ECONOMIC OPERATORS WHO, UNDER THE PROVISIONS OF THIS LAW, SELL PRODUCTS WHICH ARE OBLIGED TO PAY THE CONTRIBUTION, WITH THE WAIVER OF THE CONTRIBUTION. FOR THIS PURPOSE, IN RESPECT OF THE PROVISIONS OF THIS LAW, THE PROVISIONS OF THE TAX CODE SHALL APPLY;
(c) BY THE AVERAGE OF THE DGT, THE PAYMENT OF THE VALUE TO BE RETURNED TO THE AGENTS SHALL BE EFFECTIVE ECONOMIC IN CONCEPT OF CONTRIBUTION PAID TO ITS SUPPLIERS, AND WHICH HAS NOT BEEN CHARGED TO THE ACQUIRERS OF THE FUELS, THESE BY VIRTUE OF BEING EXCLUDED IN ACCORDANCE WITH THE PROVISIONS OF ARTICLE 26 OF THIS LAW. FOR THIS PURPOSE, THE TOTAL CONTRIBUTION OF THE MONTHLY COLLECTION OF THE CONTRIBUTION SHALL RESERVE THE NECESSARY FUNDS TO MAKE THE RETURNS INDISTINGUISHABLE FROM THE PERIOD TO WHICH THEY CORRESPOND, GIVING THE FOVIAL THE DIFFERENCE ONLY; CONSTITUTING FOR THE PURPOSES OF THE RETURN AN INITIAL RESERVE OF FUNDS FOR TWO HUNDRED AND FIFTY THOUSAND DOLLARS
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THE UNITED STATES OF AMERICA (US $250,000), WHICH MAY ADJUST MONTHLY IN ACCORDANCE WITH THE AMOUNT REQUESTED IN RETURN. THE DGT MAY MAKE THE PAYMENT BY DEPOSITS IN BANK ACCOUNTS INDICATED BY THE APPLICANTS AND ANOTHER MEANS TO MAKE THE PAYMENT EXPEDITIOUS; AND,
d) TO OPERATE THROUGH THE DGT, THE RESPECTIVE RECONCILIATIONS WHERE THE PAYMENT IS MADE. SET THE AMOUNT OF THE COLLECTION, THE VALUES USED FOR THE RESERVE OF FUNDS QUOTED IN THE PREVIOUS LITERAL, THE AMOUNT GIVEN TO THE FOVIAL AND THE SUMS PAID IN RETURN FOR ITS REPORT TO THE FOVIAL. (4)
INSTITUTIONAL COORDINATION (4)
Art. 26-B.-TO IMPLEMENT THE EXCLUSION OF THE CONTRIBUTION TO THE SUBJECTS ENGAGED IN THE EXTRACTIVE FISHING ACTIVITY, IT IS DEMANDED OF A COORDINATION OF THE DIFFERENT ENTITIES THAT PARTICIPATE IN THE PROCESS, IN REASON OF WHICH IT IS ESTABLISHED:
(A) EACH OF THE INSTITUTIONS WITHIN THE FRAMEWORK OF THEIR POWERS SHALL DETERMINE IN A COORDINATED MANNER THE PROCEDURES AND OTHER REQUIREMENTS FOR THE IMPLEMENTATION OF THE EXCLUSION OF THE CONTRIBUTION;
(b) WITHOUT PREJUDICE THE POWERS LAID DOWN IN ARTICLE 26A, THE MINISTRY OF FINANCE IN COORDINATION WITH THE MINISTRY OF AGRICULTURE AND ANIMAL HUSBANDRY, MAY DEVELOP AN ELECTRONIC SYSTEM OF QUOTA CONTROL AND THE BALANCES OF FUEL CONSUMPTION BY ITS OWN MEANS OR THROUGH THIRD PARTIES. (4)
DOCUMENTATION, REGISTRATION, AND RETURN RIGHT (4)
Art. 26-C. PERSONS WHO TRANSFER FUEL WITH THE PAYMENT WAIVERS OF THE CONTRIBUTION SHALL RECORD IN THE TAX CREDIT VOUCHER OR INVOICE SUPPORTING THE SALE, ON BEHALF OF THE BUYER, NUMBER OF THE DIF AND THE TAX IDENTIFICATION NUMBER.
EVERY PERSON OR ECONOMIC AGENT AUTHORIZED BY THE MINISTRY OF ECONOMY FOR THE MARKETING OF FUEL SHALL MAKE THE TRANSFERS OF FUEL DOMAIN TO THE SUBJECTS ENGAGED IN THE ACTIVITY OF EXTRACTIVE FISHING WITH THE WAIVER OF THE PAYMENT OF THE CONTRIBUTION, COMPLYING WITH THE PROVISIONS OF THIS LAW.
IN THAT CASE, WHO TRANSFERS THE GOODS SHALL BE ENTITLED TO THE REFUND OF THE CONTRIBUTION PAID ON THE OCCASION OF THE PURCHASE OF THE FUEL; EXCEPT IF THE TRANSFER IS MADE BY THE IMPORTER OR REFINER BY REASON OF THE FACT THAT THE IMPORTER OR REFINER WOULD NOT HAVE INCURRED IN THE PAYMENT OF THE CONTRIBUTION AT AN EARLIER STAGE.
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SUBJECT TO THE RETURN OF THE CONTRIBUTION SHALL BE ENTITLED TO THOSE SUBJECTS WHO HAVE PAID THE SAME TO THE TO ACQUIRE FUEL AND IN ACCORDANCE WITH AN INTERNATIONAL LAW OR TREATY IN FORCE IN THE COUNTRY ENJOY THE EXONERATION OF THAT CHARGE, APPLYING FOR SUCH EFFECTS THE PROVISIONS OF ARTICLES 26A NUMERAL 2, 26-B LITERAL D) OF THIS LAW, AND 212 TO 216 OF THE TAX CODE, AS FAR AS APPLICABLE.
THE RESPECTIVE APPLICATION MUST BE FILED WITH THE MINISTRY OF FINANCE THROUGH DGII ON THE FORMS IT IS PREPARED, AVAILABLE OR DELIVERED, WHICH MAY BE SUBMITTED IN WRITING OR BY TECHNOLOGICAL OR ELECTRONIC MEANS, THE NAME AND NIT OF THE HOLDER OF THE RIGHT, PERIOD CORRESPONDING TO THE APPLICATION, NAME, DIF AND NIT OF THE PERSON TO WHOM THE FUEL WAS SOLD, REFERENCE OF THE DOCUMENTS SUPPORTING THE SALE, AMOUNT OF UNITS AND OF THE THE SALE, THE VALUE REQUESTED AND THE OTHER REQUIREMENTS WHICH FOR TECHNICAL REASONS SET THAT ADDRESS GENERAL.
THE RIGHT OF THE REQUEST FOR THE RETURN EXPIRES WITHIN TWO YEARS FROM THE DATE ON WHICH THE FUEL WAS TRANSFERRED WITH THE WAIVER OF THE PAYMENT OF THE CONTRIBUTION IN THE CASE OF THE FUEL USED FOR FISHING PURPOSES OR FROM THE DATE ON WHICH THE PAYMENT OF THE SAME WAS MADE IN THE EVENT OF THE RETURN AS A MECHANISM TO MAKE THE EXEMPTION CONTAINED IN INTERNATIONAL INSTRUMENTS EFFECTIVE. (4)
Art. 26-D.-BY OBTAINING AND RENEWING THE DIF, THE APPLICANTS SHALL INFORM CENDEFISHING OF THE NAME OF THE HOLDER AND THE ADDRESS OF THE GAS STATIONS WHERE THEY ARE SUPPLIED WITH FUEL; THEY SHALL ALSO REPORT MODIFICATIONS OR ADDITIONS AS TO SUPPLIERS NO LATER THAN THE FOLLOWING MONTH IN WHICH SUCH CHANGES ARISE; IN TURN, THE FISHERIES SHALL INCLUDE THE INFORMATION THUS OBTAINED IN THE MONTHLY REPORT REFERRED TO IN ARTICLE 26A (1) (1) (D) OF THE LAW. (4)
CHAPTER V ECONOMIC AND FINANCIAL SYSTEM
Heritage
Art. 27.-The heritage of the FOVIAL will be constituted by:
1.-An initial contribution from the General Budget in the concept of foundational capital which may amount to THREE HUNDRED AND FIFTY MILLION COLONES (¢ 350,000,000.00);
2.-The transfers of resources that will be entered annually in the general budget in the Public Works Master;
3.-Extraordinary amounts that the State grants for any concept;
4.-Borrowings, inheritances, National or foreign legacies and endowments for the
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achieving the objectives of the FOVIAL;
5.-Earnings or rents that produce the placement of their resources in the financial or securities system;
6.-Any other income approved for such an effect that is directly related to the deterioration of the National Road Network; and,
7.-The movable, immovable and securities acquired at the beginning of their functions or during their operation.
Assigning the General Budget
Art. 28.-The annual allocation of the general budget in the Ramo of Public Works, as referred to in Article 27 (2) of this Law, shall be calculated on the basis of the amount generated by the application of the provisions of Art. 26 of this Law.
assignment will be automatically extended with excess amount of revenue calculated according to the preceding paragraph.
Placement of Resources in the Financial or Settings System
Art. 29.-The resources received by the Vial Conservation Fund may be placed in entities or instruments authorized by the Superintendence of the Financial System or Superintendency of Securities, provided that it does not affect its availability to comply with the nature and objectives of the FOVIAL. The income that will be generated will be part of your wealth.
Application of Financial Resources
Art. 30.-THE FOVIAL SHALL APPLY THE RESOURCES COLLECTED AND ESTABLISHED IN THIS LAW, EXCLUSIVELY IN THE FOLLOWING ACTIVITIES:
1. MAINTENANCE OF THE NATIONAL PRIORITY ROAD NETWORK MAINTAINABLE. THE RESOURCES APPLIED UNDER THIS CONCEPT SHOULD BE ALLOCATED ON THE BASIS OF TECHNICAL CRITERIA SET OUT IN THE REGULATION OF THIS LAW;
2. MAINTENANCE OF THE MAINTENABLE PRIORITY URBAN ROAD NETWORK. THE INVESTMENTS MADE BY THE FOVIAL IN THE MAINTENANCE SERVICE OF THE PRIORITY URBAN ROAD NETWORK MAINTAINABLE MUST BE CARRIED OUT IN ACCORDANCE WITH THE PROPORTIONALITY RATIO IN RESPECT OF ITS ANNUAL BUDGET TO BE LAID DOWN IN THE REGULATION LAW;
3. RECRUITMENT OF CONSULTANCIES TO PREPARE FUTURE PLANS FOR ANNUAL AND MULTI-ANNUAL WORK PROGRAMMES, AS WELL AS ANY OTHER SERVICES CONTRIBUTING TO INSTITUTIONAL STRENGTHENING;
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4. FINANCE THE PROGRAMMES REFERRED TO IN ARTICLE 24 OF THIS ACT; AND,
5. TO FINANCE THE OPERATIONAL AND ADMINISTRATIVE EXPENSES OF THE FOVIAL, IN COMPLIANCE WITH THE PROVISIONS OF THIS LAW. (2)
Operating and Administrative Expenses Limit
Art. 31.-The resources intended to finance the expenditure referred to in numerals (3) and (4) of the previous article of this Law shall not exceed 5% of the Fund's annual current income.
Resources of Financial Agencies International
Art. 32.-Where financial resources from governments or international bodies are applied for the procurement of services related to the management of the FOVIAL, the provisions to be taken into consideration shall be taken into account of goods and services are contained in existing international conventions or agreements, with the respective governments or bodies.
Prohibition of Transfers or Contracts
Art. 33.-The FOVIAL may not transfer to any degree financial resources or directly or indirectly hire the Ministry of Public Works, Transport, Housing and Urban Development or any other public or municipal entity.
CHAPTER VI AUDIT AND AUDIT
Fiscalization
Art. 34.-The FOVIAL shall be subject to the audit of the Court of Auditors of the Republic.
Audits
Art. 35.-The FOVIAL will have the financial controls necessary to ensure the proper use of the resources that constitute its patrimony, for whose effect it will have an Internal Audit, which will be appointed by the Board of Directors, be able to assist the Executive Director when the Council so determines.
The FOVIAL will be subject to an annual external audit of its financial statements performed by a specialized firm, contracted in accordance with the law; as well as a comprehensive audit every two years, in which they will be inhibited to participate firms that have carried out annual audits. The reports of all external and comprehensive audits shall be published at least in two national circulation means and shall be available to those who request it.
TITLE III OF ROAD CONSERVATION CONTRACTS
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CHAPTER I HIRING
Hiring
Art. 36.-FOVIAL under no circumstances will directly execute road conservation tasks.
Responsibility of Consultants, Contractors and Suppliers
Art. 37.-The FOVIAL will enter into contracts with consultants, contractors and suppliers in which liability and penalties will be clearly established in the event of non-compliance and must be made effective.
Special Regime for Routine Maintenance Contracts
Art. 38.-The FOVIAL will regulate the regime for the granting of routine maintenance contracts defined in Art. 3 numeral 1 of this Law, oriented to a transparent, agile and stimulating hiring of the generation of jobs in the areas of influence where the respective projects are implemented.
Such contracts will have the duration of the tax period within which they subscribe. However, for contractors whose performance and work has been satisfactory according to the assessment parameters previously known to the contractors, the FOVIAL may automatically extend the contract for another year, making adjustments to the respective contractual documents. Such extension shall not be carried out for more than two consecutive times. The following year to which the second consecutive extension has occurred, the tender, award and procurement process must be applied.
Contract termination
Art. 39. In the event of a breach of the contract by the contractor, the FOVIAL may terminate it immediately in accordance with the terms of the contractual documents.
The contractor who will be in the situation expressed in the contract The FOVIAL may not enter into contracts with the FOVIAL for a period of five years.
In order to ensure continuity of maintenance of the affected project, the FOVIAL may award it in a direct manner according to the established in Article 40, literal d) of the Law on Procurement and Contracts of Administration Public.
CHAPTER II MONITORING OF WORKS
Subscription of Monitoring Contracts
Art. 40.-The Chairman of the Board of Directors, according to the respective and prior procedures
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authorization of the Board of Directors, contract with natural or legal persons to supervise the correct implementation of the road conservation service. The orders and instructions of the supervisors must be met by the contractors, provided they conform to the relevant legal provisions and the contractual documents.
TITLE IV FINAL PROVISIONS
UNICO CHAPTER
Appointment of the First Board of Directors
Art. 41. Once the present Law is in force, the Minister of Public Works, Transport, Housing and Urban Development, as President of the Board of Directors, will ask the President of the Republic and the Minister of State to request in writing. Economy, the appointment of the respective representatives and alternates; as well as to request the National Association of Private Enterprise, through publications in two national circulation newspapers, the appointment of the members
Directing Council Constitution
Art. 42.-The Board of Directors shall be constituted within thirty days of the validity of this Law.
Period of Initial Organization
Art. 43.-From the constitution of the Board of Directors, the initial internal organization shall be carried out, which shall not exceed six months. After this period, the FOVIAL should proceed to take the appropriate actions for the hiring of works according to the availability of resources.
Incentives for Exworkers of the Ministry of Public Works, Transport, Housing and Urban Development
Art. 44.-The following system of incentives for former workers of the Ministry of Public Works is defined, which, from the entry into force of this Law, will be used for the voluntary retirement program and for small businesses in the field of road maintenance.
For a period of one year from the beginning of the hiring of the FOVIAL, public tenders or tenders will be held among the companies referred to in the previous paragraph. In those invitations to tender involving companies of former employees of the Ministry of Public Works and other companies, the first priority will be given to equal conditions. The provisions of Art. 38 of this Law are applicable to it.
Asset Sale
Art. 45.-FOVIAL may sell machinery, equipment, and other assets it receives as a
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donations to that end, such sales shall be made only in the event that the same is done in favor of former workers of the Ministry of Public Works. The FOVIAL may grant financing for the acquisition of such goods.
The valuables to be issued in accordance with this article shall be determined by the Board of Directors of the FOVIAL.
Additional Investments to Maintenance
Art. 46.-THE FOVIAL, WITHOUT PREJUDICE TO THE PRESERVATION OF THE ROAD AND FOR REASONS OF PUBLIC INTEREST, MAY BY MEANS OF REASONED AGREEMENT ISSUED BY THE OWNER, ASSIGN INVESTMENT RESOURCES TO PROJECTS OF RECONSTRUCTION, REHABILITATION OR IMPROVEMENT WITHIN THE NETWORK PRIORITY NATIONAL ROAD MAINTAINABLE AND THE PRIORITY URBAN ROAD NETWORK MAINTAINABLE, EITHER WITH OWN RESOURCES OR WITH RESOURCES FROM OTHER SOURCES OF FINANCING.
THE DETERMINATION OF THESE PROJECTS WILL BE CARRIED OUT FROM TECHNICAL STUDIES CARRIED OUT BY FOVIAL. THESE PROJECTS MUST BE INCORPORATED SUBSEQUENTLY INTO THE MANAGEMENT OF THAT ENTITY. (2)
Special Character of the Law
Art. 47.-This Law is of special character and will prevail over any provision that the contrarian.
Regulation
Art. 48.-The President of the Republic shall issue the Regulation of this Law within 120 days of its validity.
Law Enforcement
Art. 49.-This Law will enter into force eight days after its publication in the Official Journal.
GIVEN IN THE BLUE HALL OF THE LEGISLATIVE PALACE: San Salvador, at the thirty days of the month of November of the year two thousand.
CIRO CRUZ ZEPEDA PENA, PRESIDENT.
WALTER RENE ARAUJO MORALES, JULIO ANTONIO GAMERO QUINTANILLA, VICE-PRESIDENT. VICE PRESIDENT.
CARMEN ELENA CALDERÓN DE ESCALA, JOSÉ RAFAEL MACHUCA ZELAYA, SECRETARY. SECRETARY.
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ALFONSO ARISTIDES ALVARENGA, WILLIAM RIZZIERY PICHINTE, SECRETARY. SECRETARY.
RUBEN ORELLANA, AGUSTIN DÍAZ SARAVIA, SECRETARY. SECRETARY.
CASA PRESIDENTIAL: San Salvador, at the eleven days of December of the year two thousand.
PUBESQUIESE,
FRANCISCO GUILLERMO FLORES PÉREZ, President of the Republic.
José Ángel Quirós Noltenius, Minister of Public Works, Transportation,
Housing and Urban Development. D. O. No 1237 Took No 349 Date: 18 December 2000.
REFORMS:
(1) D. L. No. 597, Oct. 31, 2001; D. O. No. 212, T. 353, NOVEMBER 9, 2001.
(2) D. L. No. 342, 21 JUNE 2007; D. O. No. 115, T. 375, JUNE 25, 2007.
(3) D. L. No. 114, OCTOBER 12, 2006; D. O. No. 57, T. 378, MARCH 31, 2008.
(4) D. L. No. 789, DECEMBER 18, 2008; D. O. NO. 8, T. 382, JANUARY 14, 2009.
(5) D. L. No. 93, AUGUST 18, 2012; D. O. NO. 154, T. 396, AUGUST 22, 2012. (DECLARED UNCONSTITUTIONAL)
PARTIAL REPEAL:
D. L. No. 789, DECEMBER 18, 2008; D. O. NO. 8, T. 382, JANUARY 14, 2009. (REPEL END OF ART. 26)
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VETOED DECREES:
D. L. No. 1022, OCTOBER 17, 2002.
D. L. No. 1052, NOVEMBER 17, 2002.
UNCONSTITUTIONALITIES:
*THE CONSTITUTIONAL ROOM OF THE SUPREME COURT OF JUSTICE DECLARED THE SECOND PARAGRAPH OF THE RT. 26 UNCONSTITUTIONAL, PER VITIO IN ITS CONTENTS, ACCORDING TO JUDGMENT No. 59-2003, OF 27 JULY 2005, PUBLISHED IN D.O. No. 140, T. 368, OF 27 JULY 2005, WHICH WAS SUBSEQUENTLY REFORMED BY D.L. No. 114/08.
** THE CONSTITUTIONAL CHAMBER OF THE SUPREME COURT OF JUSTICE, BY RESOLUTION 66-2005/4-2006, OF 15/02/12, DECLARED UNCONSTITUTIONAL ART. 26 INC. 2 ° OF THE LAW OF THE ROAD CONSERVATION FUND; BY OMISSION, TO THE EXCLUSION OF ANY AQUATIC VEHICLE OTHER THAN FISHING, IN CONTRAVENTION OF ARTICLE 3 OF THE CONSTITUTION. (ROM 17/04/12)
*** THE CONSTITUTIONAL CHAMBER OF THE SUPREME COURT OF JUSTICE, BY MEANS OF JUDGMENT NO. 67-2014, PUBLISHED IN D. O. NO. 219, T. 413, NOVEMBER 24, 2016, DECLARES UNCONSTITUTIONAL THE D.L. NO. 93/2012, WHICH REFORM OF ART. 8 AND ARTICLE 11, ARTICLE 11 OF THE LAW OF THE ROAD CONSERVATION FUND, BECAUSE THIS REFORM WAS DONE WITH A WAIVER OF THE PROCEDURE, WITHOUT THE FULL LEGISLATURE HAVING GIVEN ANY REASON TO JUSTIFY THE URGENCY IN THE APPROVAL OF THE THE SAME, WHICH CONTRAVENES THE CONTENT OF ART. 135 INC. 1 ° CN. (JQ/25/01/17)
RELATED DISPOSITION:
AUTHORIZE THE VIAL CONSERVATION FUND, SO THAT THROUGH THE SECURITIZATION YOU CAN ISSUE SECURITIES SECURITIES FOR YOUR FINANCING. D. L. No. 110, AUGUST 24, 2012; D. O. NO. 164, T. 396, SEPTEMBER 5, 2012.
ROM/mldeb
NGCL 11 /04l/08
CGC 03/02/09
ROM 17/04/12
JCH 11/09/12
SV 25/09/12
JQ 25/01/17
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