Published in the DOF on June 5, 2002
Last reform published DOF May 20, 2014
VICENTE FOX QUESADA, President of the United Mexican States, to its inhabitants known:
That the Honorable Congress of the Union, has served to address the following
"THE CONGRESS OF THE MEXICAN UNITED STATES, DECREES:
SCIENCE AND TECHNOLOGY LAW AND THE NATIONAL SCIENCE AND TECHNOLOGY COUNCIL ' S ORGANIC LAW ARE ISSUED
ARTICLE FIRST.- THE SCIENCE AND TECHNOLOGY ACT IS EXPIDE.
SCIENCE AND TECHNOLOGY LAW
This Law is a regulation of the V of article 3 of the Political Constitution of the United Mexican States, and has as its object:
I. Regular supports that the Federal Government is obliged to grant to boost, strengthen, develop and consolidate scientific research, technological development and innovation in general in the country;
II. Determine the instruments by which the Federal Government will comply with the obligation to support scientific research, technological development and innovation;
III. Establish the mechanisms for coordination of actions between the agencies and entities of the Federal Public Administration and other institutions involved in the definition of policies and programs in the field of scientific , technology and innovation, or directly carrying out such activities;
IV. To establish the instances and mechanisms of coordination with the governments of the federative entities, as well as of linking and participation of the scientific and academic community of the institutions of higher education, of the sectors public, social and private for the generation and formulation of policies of promotion, dissemination, development and application of science, technology and innovation, as well as for the training of professionals in these areas;
V. Linking education, production and service sectors in the field of scientific research, technological development and innovation;
VI. Support the capacity and strengthening of scientific and technological research groups that carry out the public institutions of higher education, which will carry out their aims according to the principles, plans, programs and standards internal to which your specific orders are available;
VII. To determine the basis for the State-owned entities carrying out scientific and technological research activities to be recognized as public research centers, for the purposes specified in this Law;
VIII. Regular the application of self-generated resources by the Public Centers of Scientific Research and those provided by third parties, for the creation of research funding and technology development, and
IX. Encourage the technological development and innovation of national enterprises that develop their activities in national territory, in particular in those sectors where there are conditions for generating new technologies or achieving greater competitiveness.
Are established as the basis of a State policy that supports the integration of the National System of Science, Technology and Innovation, the following:
I. Increasing the scientific, technological, innovation and training capacity of researchers and technologists to solve national problems fundamental, that they contribute to the development of the country and to increase the well-being of the population in all its aspects;
II. To promote the development, linking and dissemination of scientific research resulting from basic and applied research activities, the technological development of quality and innovation, associated with the updating and improvement of the quality of education and the expansion of the frontiers of knowledge based on new information technologies and, where appropriate, the use of open access platforms. As well as turning science, technology and innovation into fundamental elements of society's general culture;
III. Incorporate technology development and innovation to production and service processes to increase productivity and productivity. competitiveness required by the national productive apparatus;
IV. Integrate efforts from the various sectors, both generators and users of scientific and technological knowledge, to boost areas of strategic knowledge for the development of the country;
V. Strengthening regional development through comprehensive policies of decentralization of science, technology, and activities;
VI. Promote processes that make it possible to define priorities, allocation and optimization of Federal Government resources for science, technology and innovation in a participatory way;
VII. To foster regional development by establishing networks or alliances for scientific research, technological development and innovation, and
VIII. Promote the inclusion of the gender perspective with a cross-cutting vision in science, technology and innovation, as well as participation equal women and men in all areas of the National System of Science, Technology and Innovation.
For the purposes of this Law, the National System of Science, Technology and Innovation is integrated by:
I. The state policy on science, technology and innovation that the General Council defines;
II. The Special Science Program, Technology and Innovation, as well as the sectoral and regional programs, science, technology and innovation;
III. The guiding principles and legal, administrative and economic instruments supporting scientific research, technological development and innovation established by this Law and other ordinances;
IV. Federal Public Administration agencies and agencies carrying out scientific research, technological development and innovation or support for them, as well as the institutions of the social and private sectors and governments of the federative entities, through the procedures of concertation, coordination, participation and linkage in accordance with this and other applicable laws, and
V. The National Network of Research Groups and Centres and the scientific research activities of universities and higher education institutions, in accordance with their applicable provisions.
For the purposes of this Law:
I. CONACyT, the National Council for Science and Technology;
II. Program, the Special Science Program, Technology , and Innovation;
III. Research, which covers scientific, basic and applied research in all areas of knowledge, as well as technological research;
IV. General Council, General Council of Scientific Research, Technological Development and Innovation;
V. Forum, to the Scientific and Technological Advisory Forum;
VI. Register, to the National Registry of Scientific and Technological Institutions and Companies;
VII. Centers, to the Public Research Centers;
VIII. Network, to the National Network of Groups and Research Centers.
IX. Innovation, generate a new product, design, process, service, method, or organization or add value to existing ones;
X. Technological development, the systematic use of knowledge and research directed towards the production of materials, devices, systems or methods including the design, development, improvement of prototypes, processes, products, services or organizational models;
XI. Units of linkage and transfer of knowledge, the units created by universities and institutions of higher education or the Public Research Centers, which aims to generate and execute projects in the field of technological development and innovation and to promote their links with the productive and service sectors.
XII. Repository, the centralized digital platform that follows international standards, stores, maintains and preserves scientific, technological information and innovation, which is derived from research, educational and academic products;
XIII. National Repository, the National Open Access Repository to Scientific, Technological and Innovation Information Resources, Quality and Social Interest and Cultural;
XIV. Dissemination, the transmission of scientific, technological and innovation information developed by researchers or specialists to their peers, and which uses specialized language.
On the General Council for Scientific Research, Technological Development and Innovation
The General Council for Scientific Research, Technological Development and Innovation, as a policy and coordination body that will have the powers which establishes this Law. They shall be permanent members of the General Council:
I. The President of the Republic, who will preside over it;
II. The headlines of the Secretariats of Foreign Affairs, Finance and Public Credit, Environment and Natural Resources, Energy, Economy, Agriculture, Livestock, Rural Development, Fisheries and Food, Communications and Transport, Public Education, and Health;
III. The Director General of CONACyT, as Executive Secretary of the General Council itself;
IV. The General Coordinator of the Scientific and Technological Advisory Forum;
V. The President of the Mexican Academy of Sciences;
VI. A representative of the National Conference of Science and Technology;
VII. Three representatives of the productive sector who have national coverage and representativeness, who will be appointed by the President of the Republic on the proposal of the Secretary of the Economy, and will be renewed every three years;
VIII. A representative of the Public Research System System, and
IX. The Executive Secretary General of the National Association of Universities and Institutions of Higher Education.
The General Council shall also have the participation in a personal capacity of two members, which shall be renewed every three years and which shall be invited by the President of the Republic, on the proposal of the Executive Secretary. These members shall be entitled to voice and vote and may be members of the scientific and technological sector. To formulate such proposals, the Executive Secretary shall carry out an auscultation procedure, together with the General Coordinator of the Advisory Forum, so that each of these people has sufficient track record and merits well as being representative of the scientific or technological fields.
The President of the Republic may invite to participate in the sessions of the General Council to personalities from the scientific, technological and business fields that may provide knowledge or experiences to the agenda items of the General Council itself, who will attend with a voice but without a vote.
The members of the General Council will perform their duties in an honorary manner, so they will not receive any remuneration for their participation in the same.
The General Council shall have the following powers:
I. Establishing national policies for the advancement of scientific research, technological development and innovation in the Special Programme national development;
II. Approve and update the Special Science, Technology and Innovation Program;
III. Define priorities and criteria for the allocation of federal public expenditure on science, technology and innovation, which will include strategic areas and specific and priority programmes, to which they must be given special attention and budget support;
IV. Define the programmatic and budgetary guidelines to be taken into account by agencies and agencies of the Federal Public Administration for perform activities and support scientific research, technological development and innovation;
V. Approve the consolidated draft budget of science, technology and innovation that will be included, in the terms of the applicable provisions, in the Draft Budget of the Federation and to issue annually a general report on the state of science, technology and innovation in Mexico, the content of which should include the definition of strategic areas and programs priorities, as well as the financial aspects, results and achievements in this sector;
VI. Approve and formulate policy proposals and mechanisms to support science, technology and innovation in the field of fiscal stimulus and financial, administrative facilities, foreign trade, metrology, normalization, conformity assessment and intellectual property regime;
VII. Define general organizational schemes for effective care, coordination and linkage of research, technological development, and innovation in the different sectors of the Federal Public Administration and with the various productive and service sectors of the country, as well as the mechanisms to promote the decentralization of these activities;
VIII. Approve the institutional criteria and standards for the evaluation of the income and permanence in the National Network of Research Groups and Centers, as well as for their classification and categorization, as referred to in Article 30 of the Law;
IX. Establishing an independent system for evaluating the effectiveness, results and impacts of the principles, programmes and instruments supporting the scientific research, technological development and innovation;
X. Define and approve the general guidelines of the science and technology park, physical space in which the infrastructure and equipment will be brought together the highest level of science, as well as all the priority projects of Mexican science and technology, and
XI. Track and know the overall evaluation of the special program, program, and annual budget for science, technology and innovation and other instruments to support these activities.
The General Council will meet twice a year in an ordinary and extraordinary manner when its President determines it, on a proposal from the Executive Secretary. The General Council shall validly sit with the assistance of at least half of its members. Resolutions shall be taken by a majority of the members present having the President vote of quality for the case of a tie.
The General Council may set up intersectoral and liaison committees to deal with matters which the Council itself determines relating to the joint policies, the proposal for priority programmes and strategic areas, as well as for the linkage of research with education, innovation and technological development with the productive and service sectors. With the exception of the committee referred to in Article 41, these committees shall be coordinated by the Executive Secretary, which shall have the support of CONACyT for its efficient operation. These committees will participate in members of the scientific, technological and business community.
To ensure the effective incorporation of the priority policies and programmes in the pre-projects of operational programmes and annual budgets, as well as for the comprehensive review and global congruence of the preliminary draft federal budget for science, technology and innovation and ensure the implementation of the specific instruments of support to be determined by the General Council, intersecretarial committee to be coordinated jointly by the Secretary of Finance and Public Credit, at the undersecretary level, and by the Executive Secretary, to which the deputy secretaries or officials of the equivalent level of the Federal Public Administration in charge of the investigative functions will attend. scientific, technological development and innovation in each sector.
The Intersecretarial Committee referred to in the preceding paragraph shall be supported by a Technical Secretary with permanent functions, jointly appointed by the Secretariat of Finance and Public Credit and CONACyT.
The preliminary draft consolidated budget of science, technology and innovation will be submitted for consideration by the General Council for inclusion in the Budget of the Federation's expenditures.
Article 9 BIS. The Federal Executive and the Government of each Federative Entity, subject to the corresponding revenue and public expenditure provisions They will apply to the financing of scientific research and technological development. The annual amount that the State-Federation, federative entities and municipalities-to the activities of scientific research and technological development, must be such that the national expenditure in this field may not be less than 1% of the domestic product the country's gross by the support, mechanisms and instruments provided for in this Law.
The Executive Secretary of the General Council shall have the following powers:
I. Run and follow up on the General Council agreements;
II. Formulate and present to the General Council:
a) The project of the Special Programme for Science, Technology and Innovation and its updates, for approval;
b) The consolidated science budget blueprint, technology e innovation, which will contain the proposal of strategic areas and programmes and the priorities and criteria of federal public spending on these matters, and
c) The annual general report about the state that science saves, the technology and innovation in Mexico, as well as the annual evaluation report of the special programme and the priority specific programmes, including assessments on the impact of scientific , technological development and innovation in the productive and service sectors.
The annual report will seek to specify the results and impact of spending on science, technology and innovation, aimed at supporting the productive sector to identify the efficiency, economy, efficiency and quality of the sector.
On innovation, the Executive Secretary will take into account the programs, budgets, reports and opinions of the Intersectoral Innovation Committee referred to in Article 41 of this Law;
III. Coordinate cross-sectoral committees to be determined by the General Council for the articulation of policies, programmes and budgets and the implementation of specific instruments and mechanisms of support;
IV. Represent the General Council in the governing and administrative bodies of other parastatal entities in which CONACyT must participate as well as in committees, commissions and councils of the Federal Public Administration of which the CONACyT forms or must be a part;
V. Perform the other activities entrusted to you by the General Council, and
VI. The others that give you this Law, the Organic Law of CONACyT and other applicable laws.
CONACyT will be empowered to interpret this Act for administrative purposes.
Principles of Support for Scientific Research, Technological Development and Innovation
The principles that will govern the support that the Federal Government is obliged to grant to promote, develop and strengthen scientific research in general, technological development and innovation, as well as in particular the research activities carried out by the agencies and entities of the Federal Public Administration, will be as follows:
I. The activities of scientific research, technological development and innovation must adhere to the general planning processes that establish this and other applicable laws;
II. The results of research activities, technological development and innovation that are supported in terms of this Law will be invariably evaluated and will be taken into account for the granting of subsequent supports;
III. Decision making, from the determination of general and budget policies in science, technology and innovation to the Guidelines for the allocation of resources to specific projects shall be carried out with the participation of the scientific, academic, technological and productive and service sectors;
IV. The tools to support science, technology and innovation must be promoters of territorial and institutional decentralization, seeking the harmonious development of the scientific, technological and innovation potential of the country, and also seeking the growth and consolidation of the scientific and academic communities in all the federative entities, in particular the of public institutions;
V. The policies, instruments and criteria with which the Federal Government encourages and supports scientific research, technological development and innovation must seek the greatest benefit, from these activities, in the teaching and learning of science and technology, in the quality of education, particularly in higher education, in linking with the productive and services, as well as incentives for balanced participation and non-discrimination between women and men and the development of new generations of researchers and technologists;
VI. The participation of contributions of public and private, national and international resources will be sought for the generation, execution and dissemination of Scientific research projects, technological development and innovation, as well as technological modernization, linkage with the productive sector and services and the training of specialized human resources for innovation and technological development of the industry;
VII. It will be promoted through the creation of tax incentives and other incentive mechanisms for the private sector to make increasing investments for innovation and technological development;
VIII. Policies and strategies to support scientific research, technological development and innovation should be periodically reviewed and updated in accordance with a permanent effort to evaluate results and trends in scientific and technological progress, as well as its impact on productivity, competitiveness and the solution of the country's needs;
IX. The selection of institutions, programs, projects and persons to whom the support is addressed, will be carried out through competitive, efficient, equitable and public procedures, supported by merit and quality, as well as with a clear a sense of social responsibility that favours the development of the country;
X. The instruments of support shall not affect the freedom of scientific and technological research, without prejudice to the regulation or limitations which, for reasons of safety, health, ethics or any other cause of public interest determine the legal provisions;
XI. The policies and strategies of support for scientific research and technological development will be formulated, integrated and implemented, seeking to distinguish the scientific activities of the technological ones, when this is relevant;
XII. The dissemination of science and technology will be promoted in order to expand and strengthen the scientific and technological culture in society;
XIII. Research activity, technological development and innovation that directly perform public sector entities and dependencies The Committee of the European Economic and Social Committee, which is responsible for ensuring the identification and solution of problems and challenges of general interest, will contribute significantly to advancing the frontier of knowledge, improving the competitiveness and productivity of the economic sectors of the country, increase the quality of life of the population and the environment and support the training of personnel specializing in science and technology;
XIV. Support for scientific, innovation activities must be timely and sufficient to ensure the continuity of the research, technology transfers or developments to the benefit of their results, which should be evaluated;
XV. The institutions of research, technological development and innovation that receive support from the Federal Government will disseminate to the society their activities and the the results of their investigations and developments, without prejudice to the relevant intellectual property rights and information which, by reason of their nature, should be reserved;
XVI. The incentives that will be awarded will recognize the outstanding achievements of people, companies and institutions that carry out scientific research, development technology and innovation, as well as the linkage of research with the educational and productive activities and services;
XVII. The conservation, consolidation, updating and development of the existing national research infrastructure will be promoted;
XVIII. The promotion and strengthening of interactive science, technology and innovation centers for children and young people will be encouraged;
XIX. Scientific and technological vocations will be encouraged from the first educational cycles to favor their linkage with scientific research, technological development and innovation, and
XX. An institutional space will be generated for the expression and formulation of proposals from the scientific and technological community, as well as from the social and private sectors, in the field of policies and programs of scientific and technological research.
This space should be plural; representative of the various members of the scientific and technological community; to express a balance between the various regions of the country; and incorporate the opinion of widely representative instances of the social and private sectors.
Scientific Research, Technological Development and Innovation Support Instruments
The Federal Government will support scientific research, technological development and innovation through the following instruments:
I. The collection, processing, systematization and dissemination of information about scientific research activities, technological development and innovation to be carried out at home and abroad;
II. The integration, updating and execution of the Program and the annual programs and budgets of science, technology and innovation to be used the various dependencies and entities of the Federal Public Administration;
III. The realization of scientific, technological and innovation activities in charge of dependencies and entities of the Public Administration Federal;
IV. The federal resources to be granted, within the annual budget of the federation to public higher education institutions, and which, in accordance with its internal programmes and standards, are intended to carry out activities of scientific or technological research;
V. Bind scientific and technological education with the productive and service sectors;
VI. Support the capacity and strengthening of scientific and technological research activities carried out by public institutions of higher education, which will carry out their aims according to the principles, plans, programmes and internal rules that have their specific orders;
VII. The creation, financing and operation of the funds referred to in this Law, and
VIII. Educational programs and standardization, fiscal, financial, administrative and foreign trade incentives, the intellectual property regime, in the terms of international treaties and specific laws applicable in these matters.
The integrated system of information on scientific research, technological development and innovation will be in charge of CONACyT, which should manage and maintain it. updated. Such a system shall be accessible to the general public, without prejudice to the intellectual property rights and confidentiality rules to be established.
The information system will also include data relating to technical services for technological modernisation, standardisation, industrial property, technological development and innovation.
As far as possible, the system should include information in a differentiated manner between women and men so that the impact and impact of the disease can be measured. policies and programmes in the field of scientific, technological and innovation development.
Dependencies and the entities of the Federal Public Administration will collaborate with CONACyT in the formation and operation of the integrated information system to which refers to the previous article. It will also be possible to agree with the governments of the federative entities, the municipalities, as well as the public institutions of higher education, their collaboration for the integration and updating of this System.
Public or private individuals or institutions that receive support from any of the funds will provide the basic information required to them, pointing out that for intellectual property rights or for any other founded reason should be reserved.
Businesses or actors in the social and private sectors engaged in scientific research, technological development and innovation can be incorporated voluntarily to the integrated information system.
The integrated information system will include the National Registry of Scientific and Technological Institutions and Companies that will be in charge of CONACyT.
You must register in the register referred to in the previous article:
I. The institutions, centers, agencies and public companies that systematically carry out scientific research, technological development, innovation and basic engineering production, and
II. The institutions, centres, agencies, undertakings or natural persons of the social and private sectors who are interested in receiving the benefits or stimuli of any kind arising from the applicable federal orders scientific and technological research activities. Registration shall be a prerequisite for this purpose. In the case of this fraction and within the framework of the National Network of Groups and Research Centers referred to in this Law, CONACyT will establish the criteria and standards that will allow in the bases of organization and operation of the System Integrated Scientific and Technological Information and in the rules of operation of the internal evaluation commission of the Registry are included classifications according to which the quality and level of institutional development of each subject is identified registered, which will be taken into account in the process of selection of beneficiaries of the funds referred to in this Law.
CONACyT will provide the basis for the organization and operation of the Integrated System of Scientific and Technological Information, as well as the registration and the rules of operation of its internal evaluation committee, as referred to in the above provisions.
Such a basis will provide for the need for the system and the register to be effective instruments that favour the linkage between research and its forms of Also to promote the modernization and competitiveness the productive and service sectors .
The recording of the registration in the register shall permit proof that the applicant effectively carries out the activities referred to in Article 17 of the Law. For the purposes of determining those activities to be considered as technological development and innovation, CONACyT shall request the opinion of the bodies, agencies or entities it deems appropriate.
Special Science, Technology and Innovation Program
The Programme will be considered a special programme and its integration, approval, update, implementation and evaluation will be carried out in the terms of the Federal Law on Budget and Accountability, in the Law of Planning and by this Law.
The Program will include a long-term vision and projection of up to twenty-five years in the terms of this Law and the provisions deriving from it. The Programme will be updated every three years. The updates will coincide with the start of each new Union Congress Legislature.
The formulation of the Special Program will be in charge of CONACyT based on the proposals presented by the agencies and entities of the Federal Public Administration. to support or carry out scientific research, technological development and innovation. This process will take into account the opinions and proposals of the scientific, academic, technological and productive sectors, convened by the Scientific and Technological Consultative Forum. In order to achieve the substantive and financial congruence of the Program, its final integration will be carried out jointly by CONACyT and the Secretariat of Finance and Public Credit. His presentation will be through the Director General of CONACyT and its approval will be the responsibility of the General Council. Once approved, its observance will be mandatory for the participating agencies and entities, in the terms of the presidential decree issued by the head of the Federal Executive.
The Program must contain at least the following aspects:
I. The general policy of support for science and technology;
II. Diagnostics, policies, strategies, indicators and priority actions in the field of:
a) Scientific research, technological development and innovation,
b) Training and incorporation of researchers, technologists and senior professionals,
c) Dissemination of scientific and technological knowledge and its linkage with the productive and service sectors,
d) National and international collaboration on previous activities,
e) Strengthening national science and technology culture,
f) Decentralization and regional development, , and
g) Monitoring and evaluation.
III. The policies, content, actions and goals of scientific research, the technological development and innovation that make dependencies and entities of the Federal Public Administration, as well as the funds that may be created under this Act;
III Bis. The priority areas of knowledge and technological innovation, as well as strategic projects of science, technology and innovation by sectors and regions;
IV. The general guidelines of the support instruments referred to in Article 13 (VIII) of this Law, and
V. The programme referred to in Article 29 of the Law on Biosafety of Genetically Modified Organisms.
For the annual execution of the Special Program of Science, Technology and Innovation, the agencies and entities of the Federal Public Administration will formulate their Programme and budget projects for activities and support for scientific research, technological development, innovation, competitiveness and productivity, taking into account the priorities and criteria for allocation of the expenditure on science, technology and innovation approved by the The General Council, in which strategic areas will be determined, and priority programs of care, and special budget support, which will include new places for researchers and the new infrastructure for science, technology and innovation, as well as issues of biosafety and relevant biotechnologies. On the basis of the above, CONACyT and the Secretariat of Finance and Public Credit will consolidate the programmatic and budgetary information of these preliminary projects for their comprehensive review and analysis and global congruence for their presentation and approval by the General Council. The draft budget of the Federation of the Federation shall include the consolidated budget for science, technology and innovation approved by the General Council.
Two types of funds can be established: CONACyT funds and the Scientific Research and Technological Development Funds. The CONACyT Funds, the operational support of which shall be in charge of CONACyT, shall be created and operated in accordance with the provisions of this order and may have the following modalities:
I. The institutions to be established and operated in accordance with Articles 24 and 26 of this Law;
II. Sectoral sectors to be established and operated in accordance with Articles 25 and 26 of this Law;
III. The international cooperation that is established and operated in accordance with Articles 24 and 26 of this Law and the terms of the conventions to be concluded in each case, and
IV. The mixed ones that are agreed with the governments of the federal entities referred to in Articles 26 and 35 of this Law.
The Scientific Research and Technological Development Funds, whose operational support will be carried out by the public research centers, will be established and operated in accordance with the provisions of this Law.
The establishment and operation of the CONACyT Institutional Funds will be subject to the following bases:
I. These Funds shall be constituted and administered by the figure of the trust;
II. It will be the beneficiaries of these funds institutions, public and private universities, centers, laboratories, public and private companies or persons dedicated to scientific research, technological development and innovation that are registered in the registry, as established in the respective contracts and in the rules of operation of each trust. In any of these contracts CONACyT may be a trustee;
III. The trustee will be the CONACyT, with these funds being able to receive contributions from the Federal Government and from third parties, as well as contributions that the laws determine are intended for these funds;
IV. The CONACyT, through its governing body, will determine the object of each of the funds, establish its rules of operation and approve the respective contracts. Such contracts shall not require any other approval and shall be recorded once they have been entered into the Secretariat of Finance and Public Credit.
In the rules of operation, the objectives of the support programs, the criteria, the processes and the decision-making bodies for the granting of support and its monitoring and evaluation.
The funds will have a Technical and Administration Committee, which will be chaired by a representative of CONACyT. CONACyT will carry out scientific, technological and administrative monitoring, and
V. The object of each fund will invariably be the granting of support and financing for: activities directly linked to the development of the scientific and technological research; scholarships and training of specialized human resources; realization of specific scientific research projects, technological development, innovation and technological modernization; the national registry or International intellectual property rights that are generate; the linking of science and technology with the productive and service sectors; the dissemination of science, technology and innovation; creation, development or consolidation of groups of researchers or research centres; as well as to provide stimulus and recognition to researchers and technologists, in both cases associated with the evaluation of their activities and results.
The Secretaries of State and the entities of the Federal Public Administration may conclude agreements with CONACyT, the purpose of which is to determine the establishment CONACyT sector funds to be used for scientific research, technological development, innovation, national or international intellectual property registration, and the formation of specialized human resources, scholarships, creation, strengthening of groups or academic bodies (a) research, technological development and innovation, scientific, technological and innovation dissemination and the infrastructure required by the sector concerned, in each case. Such agreements shall be concluded and the funds shall be constituted and operated in accordance with the bases laid down in Article 24 (I) and (III) and (III), (IV), (V), (VI), (VII), (VIII) and (IX) of this Law and the specific bases. following:
I. In the above conventions, the object of each fund shall be determined, its rules of operation shall be established and the essential elements containing the respective contracts shall be approved. The operational rules shall specify the objectives of the projects, the criteria, the processes and the decision-making bodies for the implementation of the projects and their monitoring and evaluation. The sector-specific fund shall be the CONACYT;
II. Only public and private universities and institutions of higher education, centres, laboratories, public and private companies and other persons who register in the National Register of Scientific Institutions and Companies Technology which establishes the Law may be, by means of a contest and under the modalities expressly determined by the Technical and Administration Committee, in accordance with the rules of operation of the Trust, beneficiaries of the Funds to which it refers Article 3 of the Treaty of European Commission of the European funds;
III. The resources of these funds must come from the authorized budget of the dependency or entity interested, or contributions that the laws determine are intended for a specific fund. Such resources shall not be governed by the nature of regularizables. The secretariats or entities shall directly contribute the resources to the trust as contributors, informing the Secretariat of Finance and Public Credit of such contributions. They may also integrate with complementary contributions from third parties, in particular enterprises from the production and service sectors and international bodies;
IV. The conclusion of the conventions, by CONACyT, will require the prior notification to its governing body, and
V. The Funds referred to in this Article shall count in all cases with a Technical and Administration Committee composed of public servants of the Secretariat or entity to which the Fund corresponds, one of which shall preside over the Fund; and Representative of CONACyT. The Committee shall also be invited to participate in this Committee to persons of recognized prestige in the scientific, technological and academic, public, social and private sectors, corresponding to the research classes which are the subject of the fund.
For the technical and scientific evaluation of the projects, an evaluation commission will be integrated into which scientific researchers and technologists of the sector will participate. corresponding to the corresponding agreement between the entity and the CONACyT.
To support the administrative functions of the Committee, the Secretariat or entity, an administrative secretary shall be appointed, and CONACyT shall be responsible for supporting the Committee of assessment through the technical secretary that you designate.
Article 25 Bis.
The Secretaries of State and the entities of the Federal Public Administration may conclude agreements with CONACyT, in accordance with Articles 25 and 26 of this Law, to establish sectoral funds for innovation, which will aim to provide support for:
I. The formation and development of regional technological and/or innovation networks and/or alliances, companies and activities of technological base, units of linkage and transfer of knowledge, networks and/or technological alliances, associations strategic, consortia, clusters of companies or new innovation-generating companies;
II. The linking activities between science, technology and innovation generators and the productive and service sectors;
III. The formation of companies or associations whose purpose is to create scientific and technological networks and to link between the generators of science, technology and innovation and the productive and service sectors;
IV. The implementation of regional development innovation projects identified and defined as priorities by regional innovation networks and/or alliances;
V. The establishment of technology management systems in enterprises;
VI. The creation of seed and venture capital funds for the formation of knowledge-based enterprises;
VII. The creation and consolidation of science and technology parks;
VIII. The formation of risk capital instruments for innovation, and
IX. The other destinations set out in Article 25 of this Law and those that are determined for the promotion and development of innovation in the science, technology and innovation programme.
The Funds will be subject to the following common provisions:
I. The trust will be the credit institution that chooses the trustee in each case;
II. The funds will be available in all cases with a Technical and Administration Committee composed of public servants from CONACyT or the public research center, as appropriate. The Committee shall also be invited to participate in this Committee to persons of recognized prestige in the scientific, technological and academic, public, private and social sectors, corresponding to the research classes which are the subject of the fund.
III. In the criteria for the selection of beneficiaries, account shall be taken of the classification established in the Register as referred to in Article 17 of this Law;
IV. The resources of the funds will invariably be channelled to the purpose to which they have been affected, their investment will always be in fixed income and they will have their own accounting;
V. From the subscription of the corresponding escrow contracts, any channelling or contribution of resources to the funds will be considered to be earned from the Federation's Budget of expenditures; therefore, the financial year the resources must be made in accordance with the relevant contracts and their rules of operation, which for their validity will require only their registration in the Integrated Information System on Scientific Research and Technology;
VI. The Governing Body of the CONACyT or the public research centre concerned shall be the body responsible for approving the establishment, modification or extinction of the Funds, acts which only require their registration in the Secretary of Finance and Public Credit and will be informed quarterly about the state and movement of the respective Funds;
VII. They shall not be considered entities of the State-owned public administration, since they will not have an organic structure or their own personnel for their operation;
VIII. They will be subject to government control and audit measures according to the characteristics that this Act establishes for funds, and
IX. The resources of fiscal origin, self-generated, of third parties or any others, that enter into the Funds that are established in accordance with the provisions of this Law will not be reversed in any case to the Federal Government; and to the termination of the contract of trust for any legal or contractual cause, the resources found in it will pass to the estate of the trustee.
State-owned entities that are not recognized as Public Research Centers, the unconcentrated organs, the public higher education institutions recognized as such by the Secretariat of Public Education, which do not enjoy autonomy in the terms of section VII of Article 3o. of the Constitution, carrying out scientific research or providing technological development services or innovation may constitute funds for scientific research and technological development in the terms of the provisions of Article 50 of this Law. The dependency to which the coordination of the institution, unconcentrated organ or institution and the CONACyT corresponds shall give an opinion on the procedure of the creation of such funds in which the institution itself may be unconcentrated or institution.
The contributions made by natural and moral persons, including parastatal entities, to the Funds referred to in this Law will be deductible for the purposes of the Income tax, and in accordance with applicable tax laws.
The projects in research and technological development will enjoy the fiscal stimulus provided for in Article 219 of the Income Tax Law. For the granting of such stimulus, as well as the total amount to be distributed in each fiscal year by way of the same, it will be in accordance with the article cited in the Revenue Law of the Federation for the fiscal year that corresponds and in the general rules that are issued in the terms of this last order.
Coordination and Decentralization
CONACyT will promote the formation and operation of a National Network of Groups and Research Centers. The Network will aim to define joint strategies and programs, articulate actions, enhance human and financial resources, optimize infrastructure, promote exchanges and focus efforts on areas relevant to national development, as well as to formulate studies and programmes aimed at encouraging the research profession, strengthening and multiplying groups of researchers and encouraging mobility between them; proposing the creation of new groups and centres and creating networks in areas strategic knowledge.
This Network may be voluntarily attached to public, social and private research groups and centres, independent or belonging to the institutions of higher education.
The Executive Secretary, based on the work of the Inter-Sectoral and Link Committee referred to in Article 8 and will be established for this purpose, will propose to the General Council, for its approval, the criteria and standards of institutional quality for the assessment of the income and permanence in the National Network of Groups and Research Centers referred to in this article and article 17 of the present Law, as well as for classification and categorization.
The National Conference on Science, Technology and Innovation is created as a permanent instance of institutional coordination between CONACyT and the agencies or entities the governments of the competent federal entities in the field of promoting scientific research, technological development and innovation that they accept at the invitation of CONACyT, to be part of it, in order to promote actions for supporting scientific research, technological development and innovation, as well as participating in the definition of policies and programmes in this field.
The Conference shall be composed of the Director General of CONACyT and the holders of the dependencies and entities referred to in the preceding paragraph.
The Conference will have the following functions:
I. Knowing and opining on aspects of interest to support scientific research, development technology and innovation;
II. To focus on the formulation of general policies to support scientific research, development technology and innovation;
III. Participate in the elaboration of the Special Program of Science, Technology and Innovation;
IV. Support the territorial and institutional decentralization of research support instruments, the technological development and innovation;
V. Propose the functions of CONACyT with respect to which dependencies or entities of the governments of the federative entities can collaborate operationally;
VI. Propose the conclusion of coordination agreements;
VII. Analyze and propose modifications to the legal framework on science and technology, and
VIII. The others that are necessary for the fulfillment of their object.
The Director General of CONACyT will propose to the plenary of the Conference the bases of its operation. Once these bases have been approved, the Conference shall be held at least every six months in the federal entity for each session to be determined.
The Federal Executive, through the Secretariats of Finance and Public Credit, Public Education, Economy, Environment and Natural Resources, Health, Energy or other dependencies, as appropriate, and/or CONACyT, may conclude agreements with the governments of the federative entities and with the municipalities, in order to establish specific regional, state and regional programs and supports To promote the development and decentralization of activities scientific, technological and innovation.
The agreements referred to in the preceding paragraph shall determine, in addition to the common objectives and the obligations of the parties, the specific commitments of the financing and implementing the principles set out in Article 12 of this Law.
The coordination actions may also be provided for in the development of projects involving the Public Research Centres in support of the governments of the federative entities, through the provision of services, the creation of liaison and transfer of knowledge units or the partnership that both parties agree. Cooperation and coordination in research projects of regional, state or municipal interest with universities or other local and national institutions may be the subject of the conventions when they are a party to the conclusion of the agreements. conventions. For this purpose, funds may be set up as referred to in Articles 25, 25 and 26 of this Law.
In the agreements referred to in the previous article that will celebrate CONACyT with governments of federal entities, it will be possible to incorporate additional stipulations. relating to the following:
I. Services, activities and specific functions that within the framework of CONACyT's privileges may be performed operationally in the federal entity that is part of the agreement, by the competent authority or entity of the State Government;
II. The terms and conditions under which the provisions of the previous section may be implemented, in collaboration with each other and in accordance with the guidelines proposed by CONACYT;
III. The minimum elements and commitments to be agreed for, where appropriate, to form, develop and/or strengthen the State System of Science and Technology;
IV. The terms of the state collaboration for the integration and updating of the Integrated Information System on scientific and technological research;
V. The mechanisms, criteria and guidelines that they agree to promote municipal collaboration in support of scientific research, development technology and innovation, and
VI. The other necessary aspects related to the above.
The CONACyT will be able to agree with the governments of the federal entities and the municipalities, the establishment and operation of mixed funds of regional, state and municipal support for scientific research, technological development and innovation, which will be able to include the formation of high-specialty human resources, which will be integrated and developed with contributions from the parties in the the proportion that is determined in each case. The parties to the conventions shall be responsible. Such funds shall be applicable to the following:
I. The provisions of Article 24 (I) and of Section I, III, IV, V, VI, VII, VIII and IX of this Law, as appropriate;
II. In these conventions the object of the Fund shall be determined to be constituted, the rules of its operation shall be established and the fundamental elements shall be approved shall be contained in the respective contract, in accordance with the principles laid down in the article 12 of this Law. In the rules of operation and taking into account the plans, programmes and projects of the federative entity or the corresponding municipality, the specific objectives of the projects, the criteria, the processes and the instances of decision for the the implementation of the projects and their monitoring;
III. Only universities and institutions of higher education, public and private, centres, laboratories, public and private companies and other persons who register in the National Register of Scientific Institutions and Companies Technology established by the Law may be, by means of competition and under the modalities expressly determined by the Technical and Administration Committee in accordance with the rules of operation of the Trust, beneficiaries of the Funds referred to in this Article 3 of the Treaty of European Commission of the European funds;
IV. The resources of these Funds shall be derived from the resources of the CONACyT authorized budget, as well as from the resources of the federative entities and the municipalities concerned in each case, in the proportion that each convention has set. The resources of federal origin intended for these Funds shall be applicable and shall not have the character of regularizables. They may also be integrated with complementary contributions from institutions, bodies, or enterprises in the public, social and private sectors;
V. The conclusion of the conventions, by CONACyT, shall require the prior notification to the Governing Body and to the other appropriate bodies;
VI. The Funds referred to in this Article shall count in all cases with a Technical and Administration Committee composed of public servants of the federal entity, in their case by representatives of the municipality and by a representative of CONACyT. A representative of the federal entity's government will preside over it. Representatives of institutions and persons of recognised prestige in the scientific and academic, public and private sectors of the federal entity concerned shall also be invited to participate in the Committee.
The selection of the representatives of the scientific or technological, academic and productive sectors will be jointly carried out by the federative entity or municipality be treated and CONACyT. The representatives appointed may be proposed by the different sectors, seeking to represent them in the operation and operation of the mixed funds.
For the technical and scientific evaluation of the projects, an evaluation commission will be integrated into which scientific researchers and technologists will participate. preferably of the corresponding entity designated by common agreement between the entity and the CONACyT.
To support the administrative functions of the Committee, the federal entity, and in its case the municipality, will appoint an administrative secretary and CONACyT will be responsible for the support to the evaluation committee through the technical secretary that it designates, and
VII. Priority will be given to scientific, technological and innovation projects whose main purpose is to address problems and needs or The exploitation of opportunities that contribute to the sustainable economic and social development of the regions, the federative entities and the municipalities, the linkage, the increase of productivity and the competitiveness of the sectors production and services.
The Scientific and Technological Advisory Forum is constituted as an autonomous and permanent organ of consultation of the Executive Branch, the General Council and the Governing Board. of CONACyT, which shall be established and operated according to the following bases:
I. will aim to promote the expression of the scientific, academic community, technology and the production sector, for the formulation of proposals in the field of policies and programmes of scientific research, technological development and innovation;
II. Will be made up of scientists, technologists, entrepreneurs and representatives of the national, regional or local organisations and institutions, public and private, recognised for their permanent tasks in scientific research, technological development and innovation, who will participate, except in cases provided for in this Law, on a voluntary and honorary basis;
III. In its integration, the criteria of plurality, periodic renewal and representativeness of the various areas and specialties of the scientific and technological community and the social and private sectors, as well as balance, will be observed. between the various regions of the country;
IV. You will have an organization based on work committees integrated by specialists in the various topics of science and technology;
V. It will have a board of directors consisting of twenty members, seventeen of which will be the holders representing the following organizations: the Mexican Academy of Sciences, A. C.; the Mexican Academy of Engineering, A. C. National Academy of Medicine, A. C.; the Mexican Association of Directors of Applied Research and Technological Development, A.C.; the National Association of Universities and Institutions of Higher Education; the National Confederation of Chambers Industrial; the National Agricultural Council; the Confederation of the Republic Mexico; the National Chamber of the Transformation Industry, and a representative of the National Network of Councils and State Organizations of Science and Technology, A.C.; the National Autonomous University of Mexico; the National Polytechnic Institute; the Center for Research and Advanced Studies of the National Polytechnic Institute; the Mexican Academy of Language; the Mexican Academy of History; the System of Public Research Centers and the Mexican Council of Social Sciences.
The other three members, who will act in a personal capacity, will be investigators, representatives of them of the exact or natural sciences, one of the social sciences or humanities and one of the engineering or technology. These members will be renewed every three years and will be selected by the members of the National System of Researchers, through convocation that will jointly issue the CONACyT and the Consultative Forum, which will take care of an adequate regional balance.
The board of directors will be coordinated by those who choose their own members, renewing the presidency every two years. In its working sessions and in accordance with the nature of the matters to be dealt with, the Board may invite specialists from areas, disciplines or sectors related to such matters to be involved as appropriate;
VI. The Board of Directors will have a technical secretary appointed by the Director General of CONACyT, a third party proposed by the Board of Directors. It will assist the board in the organization and development of the work of the specialized committees and consultation processes of the Forum and will have the legal powers to hold all the necessary legal acts for the administration of resources to be allocated for the operation of the Forum;
VII. The bases of their integration, operation and organization will be issued by CONACyT and the board of directors, and
VIII. You will have the powers provided for in Article 37 of this Law and those that the CONACyT Organic Law confers on the Governing Board and the Director General of that body.
The CONACyT will have to transmit to the General Council and the agencies, entities and other competent bodies, the proposals of the Consultative Forum, as well as to inform of the result to be borne. The proposals presented by the Consultative Forum will be formulated on the basis of the recommendations made by their specialised committees and taking into account the views of the scientific, academic, technological and business communities.
At the request of the Federal Legislative Branch, the Forum may issue consultations or opinions on matters of general interest in science and technology.
The Scientific and Technological Advisory Forum will have the following basic functions:
I. Propose and review national policies and sectoral and special programmes to support scientific research, technological development and innovation;
II. Proposing priority areas and actions and spending that demand special attention and support in the field of scientific research, technological development, innovation, training of researchers, dissemination of scientific and technological knowledge and international technical cooperation;
III. To analyze, express, propose and disseminate the legal provisions or the reforms or additions to them, necessary to promote scientific research and development and technological innovation of the country;
IV. To formulate suggestions aimed at linking technological development and innovation in the productive and service sectors, as well as the linkage between scientific research and education according to the guidelines that this same Law and other ordinances establish;
V. To assess and assess the effectiveness and impact of the Special Programme and the annual priority and special attention programmes, as well as to formulate proposals for their best implementation, and
VI. Take opinions and make specific suggestions as requested by the Federal Executive or the General Council.
The CONACyT will provide, through the technical secretary of the board of directors, the necessary support to ensure the proper functioning of the Consultative Forum Scientific and Technological, which will include logistical supports and resources for the permanent operation, as well as the necessary travel and subsistence expenses for the celebration of their work meetings.
From the Production Sector and Services to Scientific Research, Technological Development and the Innovation.
The agencies and agencies of the Federal Public Administration-especially the Public Research Centers-as well as higher education institutions In their respective areas of competence, they will actively promote technological development and innovation.
For the creation and operation of the promotion instruments referred to in this Law, priority will be given to projects whose purpose is to promote the modernization, innovation and technological development that are linked to companies or users of technology, in particular to small and medium-sized enterprises.
In the same way, projects that aim to achieve a rational, more efficient and ecologically sustainable use of natural resources will be a priority. associations whose purpose is the creation and operation of scientific and technological networks, as well as projects for the linkage between scientific and technological research with the productive sectors and services that have an impact on the improving the productivity and competitiveness of the national industry.
To support the technological research activities referred to in this article, the respective project will be required to have a formal declaration of interest in the application of the technology expressed by the potential users. In addition, unless duly justified cases, the beneficiaries of the project will be required to provide resources for joint financing of the project.
The supports referred to in this article will be granted for a given time, in accordance with the content and objectives of the project; these supports will be suspended if it is determined that the project no longer has technical or economic feasibility.
Article 40 Bis.
Universities and institutions of higher public education and the Public Research Centres will be able to create link and transfer units knowledge.
These units may be constituted by the legal figure that best suits their objectives, in the terms of the applicable provisions, provided that they do not are listed as parastatal entities. In addition, they will be able to recruit academic staff from universities and higher education institutions, as well as from the Public Research Centers subject to the provisions of Articles 51 and 56 of this Law.
The units referred to in this article will in no case be able to finance their operating expenditure with public resources. The public resources that, in terms of this Law, receive the units will be destined exclusively to generate and execute projects in the field of technological development and innovation and to promote their linkage with the productive and services.
To design and operate the public innovation policy, the Intersectoral Innovation Committee is established, as a specialized committee of the General Council.
The Inter-Sectoral Innovation Committee will be composed of the head of the Economy Secretariat who will preside over it, the Director of CONACyT who will occupy the Vice-Presidency, and the head of the Secretariat of Public Education. Permanent guests will be the General Coordinator of the Scientific and Technological Consultative Forum, representatives to the General Council of the National System of Research Centers and representatives of the productive and academic sectors. be considered relevant, as set out in the respective regulations, who will be in attendance with a voice but without a vote.
The structure and functioning of this Committee will be made explicit in the regulation that will be issued by the permanent members for the purpose.
Article 41 Bis.
The Intersectoral Innovation Committee shall operate within the terms of the rules of procedure that are issued and shall have the following powers:
I. Approve the innovation program and report to the General Council;
II. Apply the resources that have been approved to the innovation program in the Federation's Government Budget;
III. Establish the rules of operation of the innovation sector funds to be funded from the innovation programme;
IV. Propose to the General Council and the agencies of the Federal Public Administration the recommendations it considers relevant in the field of standardization and intellectual property rights, in order to promote innovation;
V. To consider the national regulatory framework, to diagnose its implementation and to propose to the General Council draft reforms to the legislative and administrative provisions related to innovation, as well as mechanisms that incentivize;
VI. Opinions on federal projects or programs related to innovation in Federal Public Administration entities to improve the impact which they can have on technological development and innovation in the productive and service sectors;
VII. Propose the conclusion of agreements related to innovation and technological development projects with the agencies and entities of the Federal Public Administration, as well as with the states and municipalities and the academic, productive sectors or services;
VIII. Organize consultation forums to analyze the state, efficiency, effectiveness and impact of federal programs that support technological development and innovation, as well as successful implementation cases technological innovation, in order to identify improvements for public policies to be followed by an approach that addresses the needs of companies;
IX. Agree on matters to be considered, and
X. The others who entrust you with this Law and other applicable provisions.
Article 41 Ter.
The Inter-Sectoral Committee for Innovation shall be supported by a Technical Secretary attached to the Secretariat of the Economy, who shall be appointed by the Secretary of the Economy Secretariat of the existing Directors-General and will have the following powers:
I. Propose and execute the innovation program;
II. Run and follow up on the Committee's agreements;
III. formulate and submit to the Committee the project of the innovation programme, for approval as well as an annual evaluation report for the innovation programme and other specific priority programmes;
IV. Represent the Committee and be a liaison between the public, social and private sectors to gather the views of these sectors on innovation and technological development, and
V. Carry out the other activities entrusted to it by the Committee and those identified in the Rules of Procedure.
The Technical Secretary of the Committee shall have the legal powers to hold all the legal acts necessary for the administration of the resources which are assign the Committee for the operation and operation of the innovation projects and programmes. The Secretariat of the Economy shall support the activities of the Committee under its budget.
Relations between Research and Education
The federal government will support scientific and technological research that will contribute significantly to developing a system of education, training and consolidation of high quality human resources on equal opportunities and access between women and men.
The Secretariat of Public Education and CONACyT will establish the coordination and collaboration mechanisms necessary to jointly support graduate studies, placing special attention on increasing their quality; the formation and consolidation of academic research groups, and basic scientific research in all areas of knowledge and technological development. These mechanisms will be applied both in higher education institutions and in the National Network of Groups and Research Centres.
In order to integrate research and education, the public research centers will ensure through their internal systems the participation of their researchers in teaching activities. Higher education institutions will promote, through their internal systems, their career academics, teachers and researchers to participate in teaching activities versus group, student tutoring, research or innovative application of knowledge.
The Federal Government will recognize the outstanding achievements of those conducting scientific and technological research, and will seek to support the research activity of These individuals contribute to maintaining and strengthening the quality of education. CONACyT will participate in the mechanisms or decision-making mechanisms for awarding prizes in science and technology that are sponsored or supported with federal resources.
The stimulus and recognition that the Federal Government will give to academics for their scientific and technological research will also encourage and recognize the teaching work for those who receive them.
The Federal Government will promote the design and implementation of methods and programs for the teaching and promotion of science and technology at all levels of education, in particular for basic education.
Public Research Centers
For the purposes of this Law, the parastatals entities of the Federal Public Administration will be considered as public research centers. The main aim of the instrument of creation is to carry out scientific and technological research activities, which are effectively devoted to these activities; which are recognised as such by joint resolution of the CONACyT and the sector coordinator dependency to which the public research center, with the opinion of the Secretariat of Finance and Public Credit for budgetary purposes, and that they conclude the agreement of administration for results established by this Chapter, to evaluate their performance and the impact of their actions. Such a decision shall be published in the Official Journal of the Federation. CONACyT will take into account the opinion of the Scientific and Technological Advisory Forum.
Public research centres will enjoy autonomy of technical, operational and administrative decision in the terms of this Law, and budgetary management of compliance with the provisions of the Federal Law on Budget and Accountability and other applicable legal provisions; without prejudice to the sectoral coordination relationships that correspond to each center. In addition, these centers will govern their relations with the agencies of the Federal Public Administration and CONACyT in accordance with the agreements of administration for results that will be concluded in the terms of this Law. Bodies set up with the aim of supporting or carrying out scientific research and technological development activities, which have been established through international conventions or treaties, the headquarters of which is Mexico, shall be governed by their respective authoring instruments.
The CONACyT will be the entity authorized to rule and resolve on scientific and technological aspects of the agreements of administration by results and on the periodicity of the evaluation of the projects.
The Public Research Centres, in agreement with their object, will collaborate with the competent authorities in the activities of promotion of metrology, in the elaboration of Mexican official norms or Mexican norms and in the assessment of conformity with them, adhering to the provisions of the Federal Law on Metrology and Standardisation.
The establishment and operation of the Scientific Research and Technological Development Funds will be subject to the following bases:
I. They shall be constituted and administered by the trust figure. The trustee shall be the entity recognised as a public research centre;
II. They shall be made up of the self-generated resources of the public research centre concerned, and may receive contributions from third parties;
III. The beneficiary of the fund shall be the public research centre which has constituted it;
IV. The object of the fund will be to finance or supplement financing for specific research, technological development and innovation projects. the creation and maintenance of research facilities, their equipment, the supply of materials, the granting of scholarships and the formation of specialized human resources, the generation of intellectual property and associated investment for their potential commercial exploitation, the creation and support of the linking and transferring knowledge, granting extraordinary incentives to researchers involved in projects, and other purposes directly linked to scientific, technological or innovation approved. It may also be possible to finance the recruitment of staff for a given time for scientific, technological or innovation projects, provided that such recruitment is not subsequently regulated. In no case shall the resources be affected for fixed expenses of the administration of the entity. The assets acquired, patents, copyrights and works made with the resources of the funds will be part of the patrimony of the center itself. The procurement of acquisitions, leases and services from the self-generated resources of the funds shall be in accordance with the rules of operation of those funds; the criteria, procedures and mechanisms that they issue in these matters the governing bodies of the institutions, as well as the administrative provisions which, where appropriate, it deems necessary to issue the Secretariat of the Civil Service or the Secretariat of Finance and Public Credit, in the field of their respective powers, managing these resources efficiently, efficiently and honestly, to satisfy the objectives to which they are intended and to ensure the best available conditions for the centre in terms of price, quality, financing, opportunity and other relevant circumstances.
The exercise of the resources referred to in the preceding paragraph shall be the subject of audit by the Secretariat of the Civil Service and the Audit Office Superior of the Federation, in the field of their respective competences.
V. The public research center, through its governing body, will establish the rules of operation of the fund, in which the types of projects that will receive the support, the processes and the decision-making bodies for their granting, monitoring and evaluation, and
VI. The amount or availability of resources in the Funds, including capital and interest and the self-generated resources referred to in this Section, shall not result in the reduction, limitation or compensation of the budgetary allocations. normal, approved in accordance with the Federation's Government Budget for Public Research Centres, which, in accordance with this Law, have these Funds.
The Public Research Centers will jointly promote with the public and private sectors the formation of strategic partnerships, technological alliances, consortia, linking and transfer of knowledge units, new private technology-based companies, and regional innovation networks in which the incorporation of technological developments and innovations made in such centres, as well as researchers trained in them.
In relation to the provisions of the preceding paragraph, the governing bodies of the public research centres shall approve and establish the following:
I. The basic guidelines and conditions of partnerships, alliances, consortia, units, networks, or new companies that involve the participation of the centre, with or without input into the social capital in the companies concerned, and
II. The terms and requirements for the incorporation and participation of the staff of the center in the associations, alliances, consortia, units, networks or new companies concerned.
The governing bodies of the public research centres will also be able to establish support and criteria according to which the staff at the centre of the be able to carry out the incubation of innovation technology companies in coordination with the centre and, where appropriate, with third parties.
The terms, requirements and criteria referred to in section II and the preceding paragraph shall be established by the governing bodies of the Centres by means of rules (a) General to be issued for that purpose and which shall consist of preventive measures designed to prevent the staff of the Centers from incurring the conflict of interest referred to in Articles 8, fraction XII, and 9 of the Law Federal Administrative Responsibilities of Public Servants. Prior to their issue, these rules shall have the favourable opinion issued by the respective internal control body.
The governing bodies will also determine the rights of intellectual property and the benefits that correspond to the public research center in relationship to the provisions of this article.
To promote the commercialization of the intellectual and industrial property rights of the centers, the governing bodies will approve the guidelines that will allow grant academic staff who have generated them up to 70% of the royalties that are generated.
Researchers from all public research centers will have among their functions to impart higher education in one or more of their types or levels.
The academic staff of the Public Research Centers shall be governed in accordance with the Statutes of Academic Staff who issue their governing bodies, the which shall establish academic rights and obligations, as well as rules relating to the entry, promotion, evaluation and permanence of such personnel in the academic field.
The constances, diplomas, recognitions, certificates and academic degrees and degrees which, if any, will be issued by the public research centres will have recognition of official validity corresponding to the studies provided and carried out, without requiring authentication and will be subject to certification mechanisms to preserve their academic quality.
Public research centers will be governed by this Law and its instruments of creation. The Federal Law of the ParaState Entities will be applied in an unanticipated manner in these orders, as long as it is to strengthen their technical, operational and administrative autonomy.
The revenue generated by public research centers derived from services, goods, and research and technological development products, including the training for the formation of qualified human resources, which will provide or produce directly or in collaboration with other public or private entities, will be assigned to the projects authorized by its governing bodies in terms of the Article 50 of this Law.
Public research centers will have comprehensive professionalization systems, which will include catalog of positions, access mechanisms and promotions, salary tab, professional development programs and permanent updating of its scientific, technological, academic and administrative staff, as well as the obligations and incentives to the performance and productivity of scientific work and technology. The organization, operation and development of these systems shall be governed by the general rules proposed by CONACyT and established by the Secretariat of Finance and Public Credit and the specific ones that are issued by each institution's governing body.
The governing bodies of public research institutions will be held at least twice a year, and will have the powers conferred on them by the legal instrument of its creation and the following non-delegated powers:
I. Approve and evaluate the programs, agenda and academic projects, research, technological development and innovation on the proposal of the director or its equivalent and of the members of the community of researchers at the centre itself;
II. Approve the distribution of the entity's final annual budget and the investment program, in accordance with the total allowable amount of its budget;
III. Approve, without requiring authorization from the Secretariat of Finance and Public Credit, the budgetary adjustments to its programs that do not involve the affectation of its total authorized amount, investment resources, projects financed with external credit, or compliance with committed objectives and goals;
IV. Decide on the use and destination of self-generated resources obtained through the disposal of goods or the provision of services, by participation in partnerships, alliances or new technology-based companies, marketing of property intellectual and industrial, donations or any other concept that could generate benefits to the center under this Law, either within the budget of the entity or channeling these to the scientific research fund, technological development and innovation; as well as establishing the criteria for the use and destination of resources self-generated to be obtained in excess of the schedule, informing the Secretariat of Finance and Public Credit about the origin, amount, destination and criteria for the application of its self-generated resources, in accordance with the applicable provisions; and for the purposes of quarterly reports and Public Account;
V. Authorize the opening of financial investment accounts, which will always be of fixed income or guaranteed performance;
VI. Authorize in general the program and criteria for the conclusion of agreements and contracts for the provision of research services for the realization of specific research projects, technological development, innovation or provision of technical services, as well as the approval of strategic partnerships and projects, agreements or contracts which aim to establish technological base companies with or without the input of the centre in its capital social;
VII. Exorder the rules of operation of the scientific research, technological development and innovation funds and approve the content of the contracts trust and any amendments thereto, as well as the internal rules, or amendments thereto, proposed by the holder of the institution for the implementation of the substantive programmes;
VIII. Approve the terms of the outcome management conventions whose conclusion is proposed in the terms of this Act, as well as decide on their early termination;
IX. Approve and modify the basic structure of the entity according to the total authorized amount of its personal services budget, as well as define the guidelines and norms to conform the occupational and salary structure, conversion of places and renivations of positions and categories according to the applicable legal provisions, as well as to the specific ones to be established in the Integral System of Profession of each center;
X. Establish the system of professionalization of researchers with criteria of stability and career in research, within the resources foreseen in the budget;
XI. Determine the rules and percentages according to which the staff of the centre may participate in the revenue referred to in the fourth part of this Article, and for a specified period in the royalties to be applied or exploit intellectual property rights, arising from projects carried out in the research centre;
XII. To set the terms of entry, promotion and permanence of its academic staff, as well as to regulate the academic aspects of research and higher education that deliver;
XIII. Approve annually the report of the performance of the entity's activities, the exercise of the revenue and expenditure budgets and the corresponding financial statements, as well as the assessment of their management;
XIV. Authorize the necessary erogations for the fulfillment of its object, without being subject to the criteria of rationality, established in the Budget of the Federation's expenditures, and
XV. Approve and issue the operating rules for your substantive programs.
XVI. Approve the destination of the resources for the savings that are generated from the efficiency or administrative rationalization measures;
XVII. Establish the general bases and criteria to be observed by the researchers who conclude their employment, position or commission at the Centers, for the eventual use and use of the information they have known or generated during or with reason for their performance as staff of the Centers, in cases where once separated from the Centers, they decide to collaborate immediately with another dependency or entity, public or private.
(Second paragraph is repealed)
XVIII. Define the information that corresponds to the public research center and which must be considered as confidential for the purpose of appropriation, as well as the bases and mechanisms for its use, disposal, protection and protection by the public researchers, and
XIX. The others that this Act sets.
The orders that in each case determine the formation of the governing body of the public research centers, will provide for what is necessary for recognized moral quality, merit, prestige and experience related to the substantive activities of the center in question, serve as members of these collegiate bodies.
Additionally to the requirements that to be the holder of a public research center establish the Federal Law of ParaState Entities and its provisions regulations, the laws governing the organization of each institution shall establish the specific requirements of experience, specialization and merit in order to hold the office, the procedure for their appointment, their supply, as well as the maximum duration of performance.
The public research centers will celebrate with the coordinating agency sector, with the CONACyT and with the Secretariats of Finance and Public Credit and the Public function, management agreements for results whose fundamental purposes will be to improve the activities of each center, achieve the goals and achieve the results programmed and agreed, to have a performance and an exercise of expenditure and more efficient and transparent accountability, and link the administration by results and impacts with the amount of the budget assigned to you. Such agreements shall be of a legal nature other than those laid down in the law of the matter and the approval of the Federation's Budget of Eglings, notwithstanding the public institutions which conclude their respective conventions. have the administrative facilities to establish the annual Decrees referred to.
The validity of the agreements shall be five years in so far as the results of the annual assessment determine that the Centers have complied with the commitments agreed on in these instruments. This period shall be terminated indefinitely until such time as they are expressly terminated by the will of the parties. The results management agreements will be reviewed annually on the issues proposed by CONACyT or the Center and on aspects of goals and amounts of budget resources, taking into account the outcome of the evaluations that to this Chapter are performed.
For the determination and, where appropriate, the extension of the budget of the public research centres, the Medium-Term Programme and the assessment of their academic, teaching, research and technological development results and their academic, administrative and financial management as set out in Article 60 of this Law.
Such conventions shall contain, inter alia, the following:
I. The medium-term program, which includes multi-year financial and investment projections;
II. The annual work program that points to objectives, strategies, action lines and goals committed based on performance indicators;
III. The criteria and indicators of performance and evaluation of the results of activities and projects approved by your governing body, and
IV. Other than are established in accordance with the applicable laws and regulations.
The Secretariat of Finance and Public Credit will guarantee the timely flow of fiscal resources and through the Sector Coordinator will evaluate the financial management. The Secretariat of the Civil Service will intervene to support preventive actions, administrative management and to ensure accountability in the use of financial resources. The Sector Coordinator or CONACyT in the exercise of its sector coordinator faculties will ensure the congruence of the sectoral programs with the institutions and support the management of the centers.
The results of the evaluations and audits that are carried out with respect to the achievement of goals, the use of resources and the corrective measures taken in accordance with this Chapter, the governing body of each institution must be informed and incorporated into the integrated system of information referred to in Articles 15 and 16 of this Law in such a way as to be accessible to the public.
For the evaluation of the results management conventions, the sector coordinator and CONACyT will propose to the governing body of the external evaluation mechanisms of a substantive nature in the terms of this Law. The following evaluations shall be carried out:
I. The evaluation of results and impacts of scientific, research and research activities and results by a group of experts or by a specialized company of recognized experience and prestige, and
II. The assessment of their administrative and financial activities and results in accordance with government audit schemes.
Public research centers will cease to be considered as such in the following assumptions:
I. By mutual agreement of the parties who have signed the management agreement for results in order not to renew their validity;
II. For the determination of the coordinating unit of industry and CONACyT to give early the term of validity of the agreement as a result of the evaluations carried out in accordance with the previous article, which they shall notify the public research centre concerned;
III. For the application made to the sector coordinator and CONACyT, the Secretariats of Finance and Public Credit and the Civil Service, in accordance with the results of the reviews and audits that are carried out in accordance with the applicable legal provisions, or in the assessments that are delivered to them in accordance with the previous Article; and
IV. By decision of the governing body of the centre concerned.
The autonomy of budgetary management of the public research centres is established in accordance with the provisions of the Federal Budget Law and Tax liability and other applicable legal provisions.
The Public Research Centers will integrate the National System of Public Research Centers, as a permanent collegiate body of representation, advice, technical support and cooperation of these centres. This system and these centers will be governed by the Organic Law of the National System of Public Research Centers.
Open Access, Access to Scientific, Technological and Innovation Information and the National Repository
The CONACyT will design and promote a national strategy to democratize scientific, technological and innovation information, in order to strengthen capacities the country so that universal knowledge is available to learners, educators, academics, researchers, scientists, technologists and the general population. The strategy will seek to expand, consolidate and facilitate access to scientific, technological, and national and international innovation information to full text, in digital formats.
Institutions of higher education and research centres may constitute Repositories by scientific and technological disciplines or other disciplines to be determined, the purpose of disseminating scientific and technological information derived from its educational and academic products, and in general of all types of research carried out, whatever its presentation, according to quality criteria and technical standards issued by CONACyT. Such repositories may be established at the level of institutions and research centres or through the creation of networks or partnerships with other institutions, by disciplines, by regions or by others. CONACyT shall issue the guidelines to which the Repositories referred to in this Law shall be subject.
Open Access means access through a digital platform and without subscription, registration or payment requirements, to research, materials educational, academic, scientific, technological and innovation, funded by public resources or which have used public infrastructure in their implementation, without prejudice to the provisions on patents, property protection intellectual or industrial, national security and copyright, between others, as well as that information which, by reason of its nature or decision of the author, is confidential or reserved.
For Access to Quality Science and Technology Information Resources, the set of techniques used to search, categorize and access unambiguous, to the full text of publications recognized by the science, technology and innovation sectors, and which are the result of peer review.
The access to which is referenced also includes databases containing the dating records and bibliographic information of articles from scientific journals and technology, theses and dissertations, protocols, congresses and patents, among others.
Open Access and Access to Scientific, Technological and Innovation Information will aim to strengthen scientific, technological and innovation in the country so that universal knowledge is available, full text and in digital formats to learners, educators, academics, researchers, scientists, technologists and the general population.
For the proper functioning and development of Access to Scientific, Technological and Quality Innovation Information, CONACyT should:
I. Update permanently the acquisition of published scientific and technological information resources;
II. Simplifying administrative processes for the acquisition of databases and collections of scientific and technological information in digital format;
III. Promote the operation and use of databases of electronic publications in higher education institutions and research centers;
IV. Expand thematic coverage of scientific and technological publications available to users through the collective use of collections, and
V. Promote training for users, with the support and follow-up of higher education institutions and research centers, with the aim of make better use and use of the acervos.
Researchers, technologists, academics and students of masters, doctorate and post-doctoral studies, whose research activity is financed by public resources or have used public infrastructure in their performance, by personal decision may, deposit or in their case expressly authorize the deposit of a copy of the final version accepted to publish in Open Access through the National Repository, checking that you have complied with the approval process respective, the above under terms that the CONACyT will set to the effect.
The CONACyT will operate the National Repository in accordance with the guidelines, organization bases and other applicable provisions to give certainty to the contents and security of knowledge dissemination processes.
The main function of the National Repository will be the collection, preservation, management and electronic access of information and quality content, including those of social and cultural interest in Mexico with public funds.
The repository will operate through the use of international standards to search, read, download full texts, reproduce, distribute, import, export, identify, store, preserve, and retrieve information that is gathered.
The content of quality information will be those that result from the process of scientific and technological publication formalized with review by the author's peers and evaluated by CONACyT.
This chapter and its guidelines shall at all times respect the applicable law, including that in the field of copyright.
In the field of Open Access and Operation of the National Repository, CONACyT must:
I. Create, develop, coordinate, manage, manage, and establish policies that regulate security and sustainability, as well as management and preservation long-term information resources.
II. To establish national regulations, to collect, integrate, standardize, interoperate, store and disseminate information derived from research as academic, scientific, technological and innovation material.
III. Create and operate the National Repository in accordance with international standards, driving interoperability with other repositories to ensure the recovery, authentication, and evaluation of information.
This Decree will take effect the day after your publication in the Official Journal of the Federation.
The Law for the Promotion of Scientific and Technological Research is repealed, published in the Official Journal of the Federation on May 21, 1999.
In support of the functions of the General Council, and for the proper exercise, control and evaluation of Federal Public Administration public expenditure, in scientific research and technological development, the Secretariat of Finance and Public Credit will make the necessary adjustments to the programmatic structure and the system of information of public expenditure, as well as for the constitution of a branch specific general in this area to identify and monitor the budget The integral part of the Federal Public Administration in scientific research and technological development.
Within three months of the entry into force of this Decree, the CONACyT and the Board of Directors of the Forum will issue the bases of integration, operation and Organisation of the Scientific and Technological Advisory Forum. The resources allocated by CONACyT to the Permanent Forum of Science and Technology and to the Scientific and Technological Advisory Board of its Board of Directors will be reallocated to the Scientific and Technological Advisory Forum provided for in this Decree.
The existing funds in CONACyT that operate on a non-permanent basis will be modified in institutional funds, in the terms of the Articles 24 and 26 of this Law. In the event of modification or extinction the trustee will make the transfer of resources from the existing funds to the institutional funds that are created in accordance with this Law.
Sectoral and mixed funds that have been concluded or formalized will be in line with the provisions of this Law.
The performance agreements concluded by the public research centres shall be deemed to be extended by the term established in Article 59 of this Act. from the entry into force of this Reform Decree.
The CONACyT will issue within six months the criteria and standards of institutional quality for the evaluation of the income and permanence in the National Network of Groups and Research Centres. Within the following six months the National Registry of Scientific and Technological Institutions and Companies will be innovated and will update the relevant information in accordance with the provisions of this Law.
The Director General of CONACyT, within a period of six months from the entry into force of this Law, will invite the councils or agencies of the governments (a) to be part of the National Conference on Science and Technology, in order for it to be set up, of the federal bodies responsible for supporting scientific and technological research. In addition, the Director General of CONACyT will propose to the plenary of the Conference the basis for its approval, as provided for in Article 32 of this Law.
Only as not provided for in this Law will the Federal Government's Budget, Accounting and Public Expenditure Act and its regulatory provisions be applied in an additional manner.
Within a period not exceeding one year, the public research centres will have to review and, where appropriate, propose the updating of their instruments of creation for appropriate to the provisions of this Law.
The provisions to be opposed to this Decree shall be repealed.
ARTICLE SECOND.- ..........
Mexico, D.F., at 30 April 2002.-Dip. Beatriz Elena Paredes Rangel, President.-Sen. Diego Fernandez de Cevallos Ramos, President.-Dip. Adrian Rivera Perez, Secretary.-Sen. Yolanda González Hernández, Secretary.-Rubicas".
In compliance with the provisions of Article 89 of the Political Constitution of the United Mexican States, and for their due publication and observance, I ask for this Decree at the Federal Executive Branch, in Mexico City, Mexico City, three days in the month of June, two thousand two.- Vicente Fox Quesada.-Heading.-The Secretary of the Interior, Santiago Creel Miranda.-Heading.