Public Agency Law

Original Language Title: Publisko aģentūru likums

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Read the untranslated law here: https://www.vestnesis.lv/ta/id/202272

The Saeima has adopted and the President promulgated the following laws: a public agency law chapter I General provisions article 1. The purpose of the law this law aims to ensure that public agencies legal foundations, as well as State and derivative of a public person, efficient use of resources to meet the needs of society and the quality of services. 2. article. Legal status of the Agency (1) the State Agency is a member of the Cabinet of Ministers (hereinafter the Minister) subordinated to the authority by law or the terms of the Cabinet of Ministers has competence in the area of the provision of services.
(2) the Agency is financed by the budget of the local government created municipal authority with binding provisions of the local Government's competence in the field of provision of services.
(3) To create a derived public person agencies apply this statutory rules governing local government agencies.
(4) The scope of several ministries established national agencies apply this statutory rules governing State Agency, if this law provides otherwise.
(5) a local Government jointly create local agencies to apply the law "on local governments" set for the creation of common institutions, if this law provides otherwise.
(6) State and local government agencies set up jointly applied to this law, the rules governing the functioning of the national agencies, if this law provides otherwise. 3. article. The Agency (1) to ensure the provision of a service management tasks, you can create a State Government agency, but the Agency's local authorities.
(2) If a derived public person is entitled in law to create the authority, it can create Agency to which the relevant legal provisions governing the local establishment and operation of the Agency.
(3) If State and local governments, effective use of resources for the provision of common functions and needs of the public it is appropriate for State and local governments, as well as the Cabinet of Ministry activities more and more municipalities are entitled to set up a joint agency to operate more direct and immediate or direct administration skills.
(4) the public agency and several ministries in the scope for State agency created the name includes the words "Government agency" or its abbreviation "v/a"; local government agency or local government created several agency — the words "local agency" or the abbreviation "p" a "; State and municipal agencies, created jointly by the words "public agency" or its abbreviation "vp/a". Chapter II, article 4 of the national agencies. National Agency (1) the State Agency shall ensure the provision of the laws and regulations of the Cabinet of Ministers set out the tasks of public administration, including within the national and international implementation of projects and programmes of the revenue cost of services rendered, other own revenues, gifts, donations and foreign financial assistance, if this law provides otherwise.
(2) the public agency governed by the Cabinet of Ministers approved regulations. Charter: 1) State agencies;
2 the Minister of) subordinated State Agency surrendered, and the order in which the State Agency is monitored;
3) State agency objectives;
4) State agencies;
5) administrative issue, opposition and appeal procedures.
(3) the public agency shall make other one-off tasks assigned to it by the Cabinet's decision. 5. article. Public services provided by the Agency (1) the State Agency shall provide paid services, ensuring the implementation of the tasks of public administration under the Cabinet-approved price list. Cabinet of Ministers regulations on service price list determines the order of payment rates and allowances, if other laws unless otherwise specified.
(2) the cabinet shall determine the State Agency provided paid service pricing methodology for determining and pricing approval procedure.
(3) the public agency shall, in accordance with the State administration of machine frame of cooperation laid down in law the basic principles, provides services to other State and local institutions and individuals in the exercise of the tasks of Government, free of charge, if it does not require the State Agency to additional resources for data processing and analysis.
(4) a public agency may provide services to an individual State administration tasks are allocated from the general revenue.
(5) revenue for services remain state agency spending and public administration tasks necessary for the provision of the services (other than this law, article 13 of the cases referred to in the fourth paragraph).
(6) information on the State of the services provided by the agency charges and exemption from State fees to be published in the Agency's home page on the internet. 6. article. State agencies issue administrative acts and the opposition (1) by law or the Cabinet of Ministers and in the cases provided for by the provisions laid down in the National Agency shall issue administrative acts.
(2) the National Agency issued the administrative act or actual action may be challenged in the administrative process law, if another law provides otherwise. 7. article. The State Agency, reorganizing and dissolution (1) the State Agency shall establish, reorganise and eliminates the Cabinet, based on law or on its own initiative, pursuant to the public administration Act, article 15 of the equipment required.
(2) establishing, reorganizing or liquidating the national agency, the Cabinet will assess its creation, reorganization or elimination the need, depending on the effectiveness, efficiency and other government facilities the fundamental principles laid down in the law.
(3) If a State Agency is reorganized or liquidated, the closing balance sheet shall be drawn up, indicating the value of the assets and liabilities and the amount of the claim, on the basis of the inventory and accounting data. 8. article. Public monitoring of the activities of the Agency (1) the Minister of all national agencies subordinated to implement directly or through the Ministry or other government industry-leading authority (hereinafter supervisory authority). Subordinated to the implementation of the monitoring form. In exceptional cases, when assessing national agency the task of Government, the effectiveness of the performance, the rule of law and democratic control of security considerations, the State agency may determine the form of the command.
(2) the implementing departments, the Minister: 1) shall be appointed and relieved of the post of National Director of the Agency;
2) evaluates State agencies performance;
3) proposes carrying out a government agency;
4) propose disciplinary or professional examination in relation to the National Director of the Agency's activities;
5) carrying out other legal measures.
(3) the Minister and the supervisory body shall have the right to request and receive information about the activities of the Agency in the country. 9. article. State Agency Director (1), the Director of the national agencies performing public administrative equipment direct statutory authorities driving tasks, as well as: 1) develop national agency medium-term business strategy and budget of the project;
2) approved the Agency's work plan for the current year;
3) provides government agencies medium-term business strategy, budget and work plan for the year;
4) provides the Minister responsible, she notified officials, as well as the supervisory authority to require information and proposals to the national activities of the Agency;
5) carry out other tasks laid down by the national agency of regulatory legislation.
(2) the public agency is responsible for the National Agency for the rational use of financial resources adequate for the task to be carried out.
(3) the public agency shall be selected by tender. With regard to the progress of the competition shall apply the procedures set out in the civil servants.
(4) the National Director of the Agency shall be appointed Minister responsible for five years. Assessing the results of the activities of the Agency, the State agency directors may be reappointed or be removed from Office before the deadline in accordance with other laws. 10. article. Pay national agency pay the State agency determines the appropriate State and local officials and employees of the institutions compensation law. 11. article. The State Planning Agency (1) the State agency planning documents are medium-term policy strategy and work plan for the current year.
(2) in developing the country's medium-term performance of the Agency's strategy, the Minister and the Director of the Agency shall agree on the State Agency for public administration tasks.
(3) medium-term strategy for action is the National Agency for the planning document that supports the activities of the Agency and the State budget according to the interlink area approved development planning documents, the Ministry's medium-term operational strategy and legislation. Medium-term business strategy developed in three years and, together with the Agency's budget shall be approved by the Cabinet of Ministers.

(4) the public agency's medium-term operational strategy provides: 1) the State Agency's objectives, activities and medium-term priorities;
2) national agency that services the development, deployment and access as well as describes the Agency's national customers and their needs;
3) public agencies achieved and planned activity results and indicators applied pursuant to the Agency's activities to be implemented in the monitored or policy and the established policy;
4) national agency planned sources of revenue and the revenue outturn;
5) funding the Ministry of industry's need for further justification for the planning period;
6) other matters that the Minister or the State Agency Director considers relevant.
(5) the procedures developed, updated and evaluated by the national agency medium-term business strategy, other legislation in the area of development planning.
(6) the public agency's medium-term operational strategy is publicly available in the relevant ministries and State agencies home page on the internet.
(7) a plan of work for the current year, a government agency, according to the State Development Agency's medium-term operational strategy and budget in accordance with the laws and regulations in the area of development planning. 12. article. The State property agency (1) the national agency in the country is something that is in the possession of public agencies.
(2) Legal relations with the private individuals a government agency responsible for public administration facilities Act and Government reimbursement for damage in accordance with the procedure prescribed by law.
(3) the public agency shall have the right in law to buy your operation requires the movable property, as well as to alienate the national agency of State owned real property. Funds raised from the public Exchequer, movable property, including the State budget. 13. article. The State Agency's financing and the approval of budget (1) the State Agency budget comprises its revenue cost of services rendered, other own revenue, gifts and donations, as well as foreign financial help.
(2) the public administration exercises a public agency may receive a grant from the general revenue, according to the law on budget and financial management. The funds allocated in the State budget is revised during development of the draft law by assessing the State Agency performance and released the continuation task.
(3) the public agency shall act on the budget and financial management autonomy in accordance with the procedure laid down in the national budget of the Agency. The State Agency's budget approved by the Cabinet of Ministers.
(4) a State Agency Approved the budget, the Cabinet of Ministers on the proposal of the Minister shall be entitled to fix the State budget should include the income part of the State Agency's revenue for the paid service. 14. article. The State Agency's account (1) the public agency shall open an account in the Treasury.
(2) the national agency at the end of the year the balance of the funds in the account, which generates revenues of paid services rendered to others the same revenue and foreign financial assistance, the State Agency shall remain and may be used for financing expenditure next year or in subsequent years.
(3) the national budget allocations and spending mērķdotācij transfer of the current calendar year.
(4) If a State Agency is assigned to the Ministry of Finance of individual public administration tasks, the enforcement of open separate accounts for the Treasury.
(5) information on the State Agency's account status is publicly available, where the law provides otherwise. 15. article. The State Agency's accounting records and reports (1) the State Agency shall keep accounting records and reports to the law on budget and financial management.
(2) the public agency shall ensure annual public reporting and publishing.
(3) the State Agency's annual public report shall specify: 1) met in the two preceding years and the current year budget adopted, including information on the amount of the liability and guarantee;
2) sworn auditor's opinion on the economic activity and financial reports of the previous year;
3 the participation cooperation) for information on projects;
4) measures taken to improve the management of public agencies;
5) measures taken to promote public awareness of the activities of the Agency;
6) information on the achievements of the national medium-term activity strategy implementation and the results achieved;
7) other information as the Director of the State Agency considers important. Chapter III, article 16 of the municipal agency. Local government agencies (1) local government agency shall carry out the functions deriving from the municipality for administrative tasks, providing services and through local and international projects and programs.
(2) the activities of the Agency in the regulation of the local Government Council approved regulations. Charter: 1) the name of the Agency;
2) Municipal Council and officials, which subordinated the Agency handed over and local monitoring of the activities of the Agency;
3) municipal agency objectives;
4) tasks of the Agency;
5 local agencies) the right to charge a fee for services rendered;
6) administrative issue, opposition and appeal procedures.
(3) the Agency may perform other one-time tasks, assigned by the local Government Council decision.
(4) the Agency's rules can also include other municipal agency regulatory provisions other than those referred to in the second paragraph of this article. Article 17. Municipal services provided by the Agency (1) the Agency shall provide the services in accordance with the statutory authorities have competence to ensure public needs are the municipal administrative territory.
(2) the implementation of the tasks of the municipality is provided by providing paid services according to the price list approved by the Municipal Council, which lays down the arrangements for payment, rates and allowances.
(3) the Agency shall, in accordance with the Local Government facilities statutory framework, the cooperation framework provides services to other State and local institutions and individuals in the exercise of the tasks of Government, free of charge, if it does not require local governments additional resources to the Agency for data processing and analysis.
(4) the municipal services provided by the Agency and determine the price list approved by the municipality of binding rules.
(5) the municipal services provided by the agency rates shall enter into force the law "on local governments".
(6) information on municipal services agency pricing and fee exemptions published the municipal website on the internet. 18. article. Local agencies issue administrative acts and the opposition (1) local binding rules in the cases provided for in the local government, the Agency in accordance with the laws and administrative provisions shall be issued.
(2) a municipal agency issued the administrative act or actual action may challenge the municipality concerned its binding rules. The decision on the administrative act contested shall be adopted in accordance with the General administrative processes regulating law, if the law does not provide otherwise. 19. article. Municipal agency, reorganizing and dissolution (1) the municipal agencies, reorganize and eliminate the Municipal Council, on its own initiative, pursuant to the public administration Act, article 15 of the equipment required.
(2) establishing, reorganizing or eliminating municipal agency, the local Government Council shall assess its establishment, reorganisation or liquidation need depending on the usefulness, effectiveness and other government facilities the fundamental principles laid down in the law.
(3) If a municipal agency is reorganized or liquidated, the closing balance sheet shall be drawn up, indicating the value of the assets and liabilities. 20. article. Local agency oversight (1) local government agency oversees the Municipal Council.
(2) in exercising supervision, the municipality Council: 1) approved by the municipal agency medium-term operational strategy;
2) confirms the overall annual budget;
3) confirms the municipal agency's work plan for the current year;
4) recruiting and dismissal of the Director of the local government;
5) assess local agency performance;
6) proposes carrying out local government agency;
7) proposes disciplinary or professional examination in connection with a municipal agency Director (also the disciplinary penalty);
8) carrying out other legal measures.
(3) the local Government Council and the authorized official has a right to request and receive information about local activities of the Agency. 21. article. Municipal agency Director (1) the Agency shall be managed by its Director. Local government agency shall perform external legal and municipal agencies tasks defined in the Statute, as well as: 1) are developed by the local agency's medium-term business strategy and budget of the project;

2) provides local agencies medium-term business strategy, budget and work plan for the year;
3) provides Municipal Council or its authorized official report on medium-term policy strategy and the work plan for the year;
4) provides local Council and authorized official information necessary and proposals to the municipal agency;
5) carry out other tasks set for the operation of municipal regulatory legislation.
(2) the Director of the Agency is responsible for local government agencies to the rational use of Finance according to management tasks.
(3) The authorities of the Office of Director of the Agency shall issue an open tender to the municipal administrative territory newspaper and local government homepage on the internet.
(4) the Director post in the approved Municipal Council for five years. Assessing local performance of the Agency, the Agency may approve the appointment or be removed from Office before the deadline. 22. article. Pay municipal agency pay the municipal agency established according to national and local government bodies and officials of employee rewards to the law. 23. article. Local planning Agency (1) local government agency planning documents are medium-term policy strategy and work plan for the current year.
(2) on the basis of the municipal development planning documents and binding rules, the President of the Municipal Council and municipal agency director agree on municipal agency put tasks and the use of the funds, local government agencies in formulating medium-term business strategy and budget.
(3) the Agency's medium-term operational strategy developed in three years and together with the local agency's budget approved by the Council.
(4) the Agency's medium-term operational strategy provides: 1) the objectives of the Agency, operational direction and medium-term priorities;
2) that services of the Agency, the development, deployment and accessibility;
3) results achieved by the Agency and planned actions results and indicators applied according to area of activity;
4) municipal agency customer satisfaction scores for services received and the availability of information provided by the Agency;
5) use of funding of the Agency's basic principles, sources of revenue and the revenue outturn;
6) municipal funding justification of the need for further planning period;
7 strategies for updating and implementation) evaluation procedures;
8) other matters which the President of the Municipal Council or municipal agency Director considers relevant.
(5) the Agency's medium-term operational strategy is publicly available on the municipal website on the internet.
(6) a plan of work for the current year the municipal development agency under the medium-term business strategy and budget, determining the objectives to be achieved during the year and this results in the selection of measures. 24. article. Local property agency (1) the Agency's property is property of a municipality, located in the municipality owned by the Agency.
(2) Legal relations with the individuals responsible for the municipal agency of national regulatory authorities for reimbursement for damage in accordance with the procedure prescribed by law. If that is not enough, or if local agencies may interfere with the fulfilment of its functions, the municipal agency concerned the obligations of the municipality.
(3) the Agency shall have the right in law to buy his property of the activity, as well as to dispose of municipal agencies in possession of movable property, local authorities in coordination with the Municipal Council. Funds obtained from the disposal of movable property, the municipality included the municipal budget. 25. article. Municipal financing agency, local government agency's revenues shall consist of local government grants, municipal agencies, revenue for the fees and other revenue (including donations, gifts and foreign financial help). 26. article. Local government agency (1) opening an account in accordance with the municipal agency of the Municipal Council.
(2) at the end of the year the municipal agencies in the balance account resulting from the municipal agency for all types of revenue (excluding municipal grant), if it does not exceed the year actually receive the funds remain in the municipal agency and may be used for financing expenditure next year or in subsequent years.
(3) information on the municipal agency account status is publicly available, where the law provides otherwise. 27. article. Local government agencies, accounting records and reports (1) local government agency shall keep accounting records and reports to the law on budget and financial management.
(2) the Agency shall ensure annual public reporting and publishing.
(3) local government agency's annual public report shall specify: 1) met in the two preceding years and the current year budget adopted, including information on the amount of the liability and guarantee;
2) sworn auditor's opinion on the economic activity and financial reports of the previous year;
3 the participation cooperation) for information on projects;
4) measures taken to improve the management of local government agency;
5) measures taken to promote public awareness of the activities of the Agency;
6) information on achievements of the municipal agency medium-term activity strategy implementation and the results achieved;
7) other information as the Director of the Agency of the municipality considers important. Chapter IV common to create agencies article 28. More in the scope of the Ministry established a National Agency (1) The scope of several ministries to create a State Agency to apply this statutory rules defining the activities of the Agency in the State where this chapter provides otherwise.
(2) the scope of several ministries of the State agency created in operations monitoring, funding and reporting and approval procedures laid down in national rules for the Agency. Several ministries in the scope of national agency created by-laws approved by the Cabinet of Ministers.
(3) the scope of several ministries in the Government agency created in the Cabinet of Ministers of institutional authority. The functional form of subordination in relation to the specific regulatory tasks determines the State agency rules.
(4) a number of activities at the Department of State agency created in the reorganization and liquidation procedures, determined by the article 7 of this law.
(5) the scope of several ministries of the State agency created in the medium-term business strategy approved by the Cabinet of Ministers.
(6) a number of activities at the Department of State created the Director approves the post and released from Office by the Cabinet of Ministers on the basis of a joint proposal of the Ministers concerned. 29. article. The municipality was created jointly by the municipal agency (1) to jointly establish a local municipal agencies are subject to the law "on local governments" in particular for the creation of common institutions, if this law provides otherwise.
(2) local Governments jointly formed local agency oversight, funding and reporting and approval procedures laid down in its Charter.
(3) the municipality created jointly by the municipal agency Director is this law a municipal agency Director in a particular jurisdiction.
(4) if the legal relations with natural and legal persons created jointly by the local municipal agencies may interfere with the fulfilment of its functions, or if local authorities work jointly created things not enough execution of its obligations on local authorities jointly established the obligations of the Agency answer the municipal authorities invested in proportion to each part of the property. 30. article. State and local Governments jointly established Agency (1) State and local government agencies set up jointly apply rules of law that govern the functioning of the national agencies, if this chapter provides otherwise.
(2) State and local government agencies created jointly by-laws approved by the Cabinet of Ministers and the Municipal Council, and the agency that runs the public behalf for those specific competence.
(3) the State and local agencies developed joint operational surveillance and reporting, funding and approval procedures laid down in national and local Governments jointly created the Statute of the Agency. These agencies to be in possession of the property amount is determined by the order of the Cabinet of Ministers on State and local government agencies.
(4) the Cabinet of Ministers and relevant authorities before taking a decision on mutual agreement between State and local agencies developed joint operational surveillance and reporting and approval procedures.

(5) If State and local Governments jointly established an agency grant is awarded from the general revenue, the State of the task it is covered from the State budget, but the task of the local government, from local government.
(6) the State and local agencies developed joint medium-term operational strategy approved by the Cabinet of Ministers. The Cabinet of Ministers and relevant authorities before taking a decision, agree on medium-term operational strategy.
(7) To State and local Governments jointly created the post of Director of the agency organises a competition of civil law.
(8) the State and local Governments jointly created the Director approves the post and released from Office by the Cabinet of Ministers on the basis of the Minister's and the Council's joint proposal. 31. article. Jointly created work items (1) created jointly by the Agency and the State property is the municipal or State or the municipal property, transferred the possession or use of this agency.
(2) jointly established Agency is entitled in law to buy your operation requires the movable property, as well as to dispose of the possession of the Agency in the movable property. Funds obtained from the disposal of movable property, including State or local budget. 32. article. Jointly created the Agency's administrative provisions and liability (1) jointly established the Agency's administrative or actual action may appeal to the Court of Justice of the administrative procedure law, if the law or the Cabinet of Ministers Regulations no specific administrative act disputed this.
(2) The agency created jointly by the damage done to public and private law response agency creators Government facilities, in accordance with the procedure prescribed by law if the Agency's Statute provides otherwise. Transitional provisions 1. With the entry into force of this Act shall terminate the public agencies Act (Republic of Latvia Saeima and the Cabinet of Ministers rapporteur, 2001, nr. 10; 2002, 23. No; 2005, no. 6, no. 1; 2008; 2009, 1., 2., no. 6). 2. in accordance with the requirements of this law from 1 January 2010 the operational national agency of Civil Aviation Agency ". The Ministry evaluates the other State Agency is complying with the requirements of this law, and the Cabinet of Ministers until 2013 January 1, shall decide on the continuation of the activities of the agency concerned, the elimination or restructuring of the Agency, pursuant to the public administration Act, article 15 of the equipment required. 3. the transitional provisions referred to in paragraph 2, the decision of the Cabinet of Ministers, a government agency created to this law into force, operating under public administration facilities statutory status of the direct administration and law on budget and financial management of the budgetary authorities funding arrangements. These agencies do not apply the provisions of this law, in so far as it does not provide otherwise. 4. the Cabinet of Ministers until 2013 January 1, provides the necessary legislative projects according to the requirements of this law. 5. Until the new State Agency regulation into force, but not longer than until 1 January 2013 to apply national rules issued to the transitional provisions referred to in paragraph 1 of the basic law. 6. Article 5 of the law referred to in the second paragraph of the Cabinet from the date of entry into force of the provisions, but not longer than until 1 September 2011 is applicable to the Cabinet on 23 august 2005, the Regulation No 615 "national agency of public services pricing methodology for determining and pricing approval procedure ', in so far as they do not conflict with this Act. 7. Public Agency management contract may be valid until they expire insofar as they do not conflict with other legislation or Government agencies or monitoring bodies work plan. 8. in order to ensure national continuity of action planning, National Director of the Agency shall draw up a work plan for the year 2010 and the Minister concerned. Work plan year 2010 include the task to develop national agency medium-term operational strategy 2011-2013 in accordance with the Cabinet of Ministers. 9. Municipal Council until 2010 December 31, provides local agencies compliance with this law, article 2, second paragraph, and article 17, second and fourth parts. 10. The Cabinet of Ministers develop and until 1 January 2011 to submit to Parliament the necessary amendments to other laws. The law shall enter into force on January 1, 2010.
The law adopted by the Parliament in 2009 on 1 December. President Valdis Zatlers in Riga V 2009 December 18.