LAW of Science Technology published in the DOF on 5 June 2002 last reform posted DOF on May 20, 2014, Almargen a seal with the coat of arms, which says: United States Mexicans-Presidency of the Republic.
VICENTE FOXQUESADA, President of the Mexican United States, its inhabitants know: that elHonorable Congress of the Union, has been addressing the following decree "Congress give them United Mexican States DECREES: SEEXPIDEN the law of science and technology and the organic law of the National Science Council and technology ARTICULOPRIMERO-SEEXPIDE the law of science and technology."
LEYDE science and technology chapter I article 1 DisposicionesGenerales.
The presenteLey is statutory fraction V of article 3 of the political Constitution of the Mexican United States, and aims to: I.Regularlos support that the Federal Government is obliged to grant to promote, strengthen, develop and consolidate the scientific research, technological development and innovation through the country;
II. Determine them instruments through which the Federal Government will comply with insufficient supporting scientific research, technological development andthe innovation;
III. Establish them mechanisms for the coordination of actions between agencies and entidadesde the Federal public administration and other institutions involved inthe definition of policies and programmes in the field of scientific development, tecnologicoe innovation, or who directly carried out such activities;
IV. Set them bodies and mechanisms for coordination with the Governments of Federal lasentidades, as well as for linkage and participation of the comunidadcientifica and academic institutions of higher education, public, social and private occupations for the generation and development policy of promotion, dissemination, development and application of science, technology and innovation, as well as professional training for these areas;
V.Vinculara the sectors education, production and services in the field of scientific research, technological development and innovation;
VI. support ability and the strengthening of scientific research ytecnologica groups that carry out public institutions of higher education, which will make its purposes according to the principles, plans, programmes internal ynormas that have their specific jurisdictions;
VII. Determine them bases for that parastatal entities that carry out scientific and technological research activities are recognised as centres publicosde research, for the purposes set out in this law;
VIII. Regular application of resources self-generated by the public centres, scientific research and to provide third persons, for the establishment of funds for scientific research and technological development, and IX. Fomentarel technological development and innovation of domestic firms quedesarrollen their activities in national territory, particularly in aquellossectores where there are conditions to generate new technologies olograr greater competitiveness.
Seestablecen as bases of a State policy that sustains the integration system national science, technology and innovation, as follows: I.Incrementar scientific, technological, innovation capacity and the training of researchers and technologists to solve problems nacionalesfundamentales, contributing to the development of the country and to raise the wellbeing of the population in all its aspects;
II. Promote development, linking and disseminating scientific research arising from the activities of basic and applied research, the technological development of quality and innovation, associated with update and improvement of the quality of education and expanding Delas frontiers of knowledge relying on new technologies of information and, where appropriate, through the use of open access platforms. As well as turn to science, technology and innovation in elementosfundamentales of the general culture of the society;
III. Join the procesosproductivos technological development and innovation and services to increase the productivity and lacompetitividad which requires the national productive apparatus;
IV. Integraresfuerzos of the various sectors, both generators and applications of scientific and technological knowledge, to promote deconocimiento areas strategic to the development of the country;
V.Fortalecer regional development through comprehensive dedescentralizacion of activities scientific, technological and innovation policies;
VI. promote losprocesos that make possible the definition of priorities, allocation yoptimizacion resources from the Federal Government for science, andthe innovation in participatory technology;
VII. encourage regional development through the establishment of networks and partnerships for scientific research, technological development and innovation, and VIII. Promote theinclusion of the perspective of gender with a transversal vision in science, technology and innovation, as well as a fair share of mujeresy men in all areas of the national system of science, technology Einnovacion.
Parales effects of this law, the national system of science, technology Einnovacion is comprised of: I. Lapolítica State in the field of science, technology and innovation that defines the General Council;
II. Special ElPrograma of science, technology and innovation, as well as sectoral and regional programmes, in the corresponding to science, technology and innovation;
III. guiding Losprincipios and legal, administrative and economic instruments to support scientific research, technological development and innovation established by this law and other legal systems;
IV. Lasdependencias and the Federal public administration entities that carry out activities of scientific research, technological development and innovation or support to them, as well as sufficient of the social and private sectors and Governments of the entidadesfederativas, through consultation, coordination, participation and linkage procedures in accordance with this and other applicable laws, and V. The RedNacional of groups and research centers and activities scientific research of universities and institutions of higher education, in accordance with its provisions.
Parales effects of this law refers to: I. CONACyT, the national science and Technology Council;
II. Program, the special programme of science, technology Einnovacion;
III. research, that which covers the scientific, basic and applied research in all areas of knowledge, as well as technological research;
IV. General Council, to the General Council of scientific research, Desarrollotecnologico and innovation;
V. Forum, the ForoConsultivo scientific and technological;
VI. registration, alRegistro national institutions and scientific companies and technological;
VII. centers, to losCentros public research;
VIII. network, to the RedNacional of groups and research centres.
IX. Innovation, generate a new product, design, process, service, method or oanadir value to the existing organization;
X.desarrollotecnologico, the systematic use of knowledge and research dirigidoshacia the production of materials, devices, systems or methods incluyendoel design, development, improvement of prototypes, processes, products and services organizational omodelos;
XI. Unidadesde bonding and transfer of knowledge, the units created by lasuniversidades and institutions of higher education or public centers research, which aims to generate and execute projects in land technological development and innovation and promoting their linkage with productive occupations and services.
XII. Repository, centralized digital platform that following estandaresinternacionales, stores, maintains and preserves information scientific, technological and innovation, which is derived from the research, educational and academic;
XIII. National repository, the national repository of open access to resource information scientific, technological and innovation, quality and Social and Cultural;
XIV. Dissemination, transmission of information, scientific, technological and innovation developed by the researchers or specialists to suspares, which uses a specialized language.
Secrea General Council of scientific research, Desarrollotecnologico and innovation, as a body of policy and coordination quetendra the powers established by this law. Will be permanent members the Council General: I. ElPresidente of the Republic, who shall preside it;
II. Lostitulares of the Secretaries of Foreign Affairs, finance and Creditopublico, of the environment and natural resources, energy, economy, Ofagriculture, livestock, Rural Development, fishing and food, for Comunicacionesy transport, public education, and health;
III. ElDirector General de el CONACyT, in his capacity as Executive Secretary of the General propioConsejo;
IV. General ElCoordinador of the Scientific Consultative Forum and technology;
V.ElPresidente of the Mexican Academy of Sciences;
VI. Representative of the National Conference on Science and technology;
VII. Tresrepresentantes of the productive sector that have the same coverage and representatividadnacional, shall be appointed by the President of the Republic on the proposal of the Secretary of economy, which is renewed every three years;
VIII. Representative of the system of public research centres, and IX. ElSecretario General Executive of the Association national of universities and higher education institutions.
Also, the General Council will be attended personally dosmiembros that is renewed every three years and that will be invited by the President of the Republic, on the proposal of the Executive Secretary. These miembrostendran right to voice and vote and may be members of the sectorcientifico and technological. To formulate proposals, the SecretarioEjecutivo carry out a procedure of auscultation, together with elCoordinador General of the Forum advisory, in such a way that each of dichaspersonas has the path and enough, in addition to serrepresentativos of the scientific and technological fields.
The President of the Republic may invite to attend sessions of the ConsejoGeneral personalities from the field of scientific, technological and business which provide expertise or experiences who will attend with voice but without vote to the items on the agenda of the General propioConsejo.
Members of the General Council shall carry out their functions in an honorable way, so it will not receive any remuneration for their participation in the same.
The General Council shall have the following powers: I.Establecer in the special program Dela national policies to advance scientific research, technological development and innovation national development queapoyen;
II. Approve and update the special programme of science, technology and innovation;
III. Definirprioridades and criteria for the allocation of federal public expenditure enciencia, technology and innovation, which will include yprogramas priority and specific strategic areas, that it should award especialatencion and budget support;
IV. Define programmatic and budgetary guidelines to be taken intoaccount instrumentalities and entities of the Federal public administration to conduct activities and support scientific research, technological development and innovation;
V.Aprobar science, technology einnovacion will be included, consolidated budget under the terms of the applicable provisions, in the project of budget expenses of the Federation and to annually issue a general report about the State that holds the science, technology and innovation in Mexico, whose content must include ladefinición of strategic areas and priority programmes; as well as aspects of financial, results and achievements in this sector;
VI. Approve and proposals for policies and mechanisms in support of science, technology and innovation in the field of yfinancieros, administrative facilities, fiscal stimulus of foreign trade, metrology, standardization, evaluation of conformity and intellectual property regime;
VII. Define general schemes of Organization for effective care, coordination and linking of the activities of research, desarrollotecnologico and innovation in various sectors of the Federal public administration and the different productive sectors and services delpais, as well as mechanisms to promote the decentralization of estasactividades;
VIII. Approve them criteria and institutional standards for the assessment of the income ypermanencia the national network of research centres and groups, as well as classification and categorization, referred to in article 30 of the Act;
IX. Establish an independent system for the evaluation of the effectiveness, results and impacts of the principles, programmes and instruments in support of scientific research, technological development and innovation;
X.Definir and approve the General guidelines of the Science Park ytecnologico, physical space that will bring together infrastructure and equipamientocientifico of the highest level, as well as the whole of the proyectosprioritarios of science and technology Mexican, and XI. To track and meet the overall assessment of the special program, program and the annual budget earmarked for science, andthe innovation technology and other instruments of support for these activities.
The ConsejoGeneral be held twice a year in ordinary form and in the form extraordinariacuando its President so determined, on the proposal of the Executive Secretary. The General Council to be held validly with the assistance of at least lamitad plus one of its members. The resolutions shall be taken by a majority of members present to having the President vote of quality for the case deempate.
The General Council may establish inter-sectoral committees and bonding was Affairs the same Council determined relating laarticulacion policy, the proposal of priority programmes and strategic areas, as well as for the linking of research with education, lainnovacion and technological development with the productive sectors and service. Unless the Committee referred to in article 41, estoscomites will be coordinated by the Executive Secretary, which will have andfor the CONACyT for its efficient functioning. Scientific, technological and business community members participate in these committees.
Angles ensuring the effective incorporation of policies and priority programmes inthe drafts of annual budgets and operational programmes, as well as for the comprehensive review and global consistency of the draft presupuestofederal concerning science, technology and innovation and make implementing the specific instruments of support to be determined by the ConsejoGeneral, integrated an inter-ministerial Committee which will be coordinated by the Secretariat of finance and public credit of maneraconjunta nivelsubsecretario, and by the Executive Secretary, attended by lossubsecretarios or officials of equivalent level of the Federal public administration functions of scientific research, technological development and innovation in every sector.
The Intersecretarial Committee referred to in the previous paragraph, will be supported in unSecretario technician with permanent functions, appointed jointly by the Secretariat of finance and public credit and the CONACyT.
Elanteproyecto of consolidated budget of science, technology and innovation sepresentara for consideration by the General Council for inclusion in the project budget of expenditure of the Federation.
Article9 BIS. Federal Itexecutive and the Government of each federative entity, subject to provisions of revenue and expenditure corresponding to resultenaplicables, will be attended to financing scientific research technological development. The annual amount that the Estado-federacion, entidadesfederativas and municipalities - intended for scientific technological research activities, must be such that national spending on this category won't be less than 1% of the gross domestic product of the country through aid, mechanisms and instruments provided for in this Act.
ElSecretario Executive of the General Council, shall have the following functions: i. run and darseguimiento to the agreements of the General Council;
II. make ypresentar to the General Council: to) project of the special programme of science, technology and innovation and susactualizaciones, for its approval;
b) Elanteproyecto of consolidated budget of science, technology einnovacion, which will contain the proposed areas and strategic programs and established criteria of federal spending in these matters, and (c)) annual general report about the State that holds the science, technology and innovation in Mexico, as well as the annual report of evaluation of the special programme and the specific programmes priority including lasevaluaciones made with respect to the impact of scientific research, technological development and innovation in the productive sectors and services.
Annual report shall seek to specify outcomes and the impact of spending enciencia, technology and innovation, aimed at supporting the productive sector quepermita identify the efficiency, economy, efficiency, and quality of the same.
Capability of innovation, the Executive Secretary will take into account programs, budgets, reports and opinions of the intersectoral Committee for innovation here referred to in article 41 of this law;
III. coordinate intersectoral committees to be determined by the General Council for the articulation of policies, programmes and budgets and the introduction of specific mechanisms of support instruments;
IV. General Council represented in bodies of Government and administration of parastatal otrasentidades in which the CONACyT should participate as well as encomites, commissions and councils of the Federal public administration for which the CONACyT form or should form part;
V. Carry them other activities entrusted by the General Council, and VI. The other nickel confer this law, the organic law of the CONACyT and other applicable jurisdictions.
The Conacytestara have the right to interpret the law for administrative purposes.
Losprincipios provisions concerning the support that the Federal Government is obliged to otorgarpara promote, develop and strengthen general scientific research, technological development and innovation, as well as in particular activities of research which agencies and entities of the Federal public administration, will be the following: I. Lasactividades scientific research, technological development and innovation must follow the General processes of planning which establish this ylas other applicable laws;
II. Losresultados of research activities, development tecnologicoe innovation which are the subject of support in terms of this law will be invariably assessed and taken into account for the granting of apoyosposteriores;
III. Latoma of decisions, since the determination of policies General ypresupuestales in the field of science, technology and innovation to lasorientaciones of allocation of resources to specific projects, was held with the participation of the scientific, academic communities, tecnologicay of the productive sector and services;
IV. Losinstrumentos support for science, technology and innovation should be promoters of the territorial and institutional decentralization, ensuring the harmonious development of scientific potential, yde technological innovation of the country, and also looking for growth and the scientific and academic communities consolidation in all federal institutions, in particular those of public institutions;
V. policies, instruments and criteria with which the Federal Government further yapoye scientific research, technological development and innovation should seek the most beneficial effect of these activities on the ensenanzay the learning of science and technology, the quality of education, particularly higher education, in association with the sectorproductivo and services as well as encourage the balanced participation worked discrimination between men and women and the development of the nuevasgeneraciones of researchers and technologists;
VI. Seprocurará the concurrence of contributions of national and international, public and private resources for the generation, implementation and dissemination of scientific research projects, developing technological einnovacion, as well as specialized technological modernization, bonding with the sectorproductivo and services and the training of human resources innovation and technological development of the industry;
VII. will be promoted through the creation of tax incentives and other mechanisms of fomentoque the private sector perform growing investment; technological development and innovation
VIII. Laspolíticas and strategies to support scientific research, the desarrollotecnologico and innovation shall be periodically revised and actualizadasconforme to a permanent effort of assessment results and delavance scientific and technological trends, as well as its impact on productivity, lacompetitividad and the solution of the country's needs;
IX. the selection of institutions, programs, projects and recipients of the support people, will be made by competitive, efficient procedures, equitable ypublicos, based on merit and quality, as well as targeted with a clarosentido of social responsibility to promote the development of the country;
X. Losinstrumentos support will not affect the freedom of scientific research ytecnologica, without prejudice to regulation or restrictions that for safety reasons, health, ethics or any other cause of interest publicodeterminen legal provisions;
XI. Policies and strategies to support scientific research and technological development will be formulated, integrate and execute, procurandodistinguir the scientific activities of the technology, when it seapertinente;
XII. promote the dissemination of science and technology with the purpose of extending yfortalecer scientific and technological culture in society;
XIII. Laactividad research, developing technology and innovation that directly perform the agencies and entities of the public sector seorientara preferably to ensure the identification and solution of problemasy challenges of general interest, contribute significantly to advance the fronteradel knowledge, improving the competitiveness and productivity of the sectoreseconomicos of the country, increase the quality of life of the population a-line v-neck knee environment and supporting the training of specialized personnel in science ytecnología;
XIV. Losapoyos activities scientific, technological and innovation must be appropriate and sufficient to ensure the continuity of lasinvestigaciones, transfers of technologies or enbeneficio of its results, which must be assessed, developments
XV. Lasinstituciones of research, technological development and innovation than recibanapoyo of the Federal Government be disseminated to society its activities and results of their research and development, without prejudice to the rights of intellectual property of corresponding and information which, why desu nature reserve;
XVI. Losincentivos that are granted shall recognize the outstanding achievements of individuals, companies and institutions carrying out scientific research, desarrollotecnologico and innovation, as well as the linking of research with educational and productive activities and services;
XVII. will promote conservation, consolidation, updating and development of existing national research lainfraestructura;
XVIII. Sefomentará the promotion and strengthening of the interactive Center of science, technology and innovation for children and young people;
XIX. Sefomentaran scientific and technological vocations from the first cicloseducativos to promote their links with scientific research, technological development and innovation, and XX. Institutional unespacio for expression and formulation of proposals of the scientific and technological community, as well as the sectors social and private, will be generated in terms of policies and programmes for scientific and technological research.
This espaciodebera be plural; representative of the various members of the comunidadcientifica and technological; express a balance between the various country regionesdel; and incorporate the opinion of widely representative bodies give them social and private sectors.
SECTION I DisposicionesGenerales articulo13.
Federal Government will support research, development tecnologicoy innovation through the following instruments: I. Elacopio, processing, systematization and dissemination of information about research activities, developing technological einnovacion that are carried out in the country and abroad;
II. Laintegración, update and implementation of the program and programs annual ypresupuestos of science, technology and innovation that are destinenpor the diverse agencies and entities of the Federal public administration;
III. Larealización of scientific research, technological einnovacion in charge of agencies and entities of the Federal public administration;
IV. the recursosfederales which are granted within the annual budget of expenses of lafederacion to public institutions of higher education and that asus programs and internal rules intended for the realization of scientific or technological research activities;
V.Vincular scientific and technological education with productive sectors yde services;
VI. support ability and strengthening the activities of scientific research ytecnologica that carry out public institutions of higher education, which will make its purposes according to the principles, plans, programmes internal ynormas that have their specific jurisdictions;
VII. the establishment, funding and operation of the funds referred to in this law, and VIII. Programs educational and standardization, stimulus fiscal, financial, administrative facilities and foreign trade, the regime of intellectual property, under the terms of international treaties and applicable leyesespecificas in these matters.
SECTION II information articulo14.
Integrated system of information on scientific research, desarrollotecnologico and innovation will be hosted by CONACyT, who shall administrarloy keep it updated. This system will be accessible to the public generally, without prejudice to the rights of intellectual property and rules deconfidencialidad established.
Information system will also include data relating to the serviciostecnicos for technological modernization, standardization, the propiedadindustrial, the technological development and innovation.
Inthe measurement possible, the system should include information of maneradiferenciada between men and women so to measure the impact andthe incidence of policies and programmes in the field of scientific, technological development and innovation.
Lasdependencias and entities of the Federal Public Administration will collaborate
with CONACyT in the formation and operation of the integrated system of information referred to in the preceding article. Also you can convenircon the Governments of the federative entities, municipalities, as well as tothe public higher education institutions, their collaboration for integrating and updating the system.
Persons public or private oinstituciones that receive support from any of the funds, will provide the basic information that will be given, pointing out aquellaque by intellectual property rights or for any other reason founded debareservarse.
Corporate or agents from the social and private sectors engaged in scientific research, technological development and innovation activities may voluntarily join the integrated information system.
The sistemaintegrado of information will include the national registry of institutions scientific businesses and technologies that will be in charge of the CONACyT.
They will be registered in the register referred to in the previous article: I. Lasinstituciones, centres, agencies and public enterprises that sistematicamenterealicen activities of scientific research, technological development, innovaciony production of basic engineering, and II. Sufficient, centers, organizations, companies or individuals of the sectoressocial and private interested in receiving the benefits or incentives any type derived from the federal systems applicable paraactividades of scientific and technological research. The registry will be unprerrequisito for this purpose. In the case of this fraction and in the framework of laRed national groups and research centers to which this Act applies, elCONACyT shall establish criteria and standards that allow that bases oforganization and operation of the integrated system of information science Ytecnologica and the rules of operation of the internal evaluation of the Registration Committee include classifications under which is identifiquela quality and level of institutional development of each enrolled subject mismasque will be taken into account in the selection of beneficiaries of funds referred to in this law.
The Conacytexpedira bases of organization and operation of the integrated scientific and technological information system, as well as registration and rules ofoperation of its internal evaluation Committee, referred to in the preceptosanteriores.
Dichasbases shall provide the necessary to make the system and registry instrumentosefectivos favoring the linkage between research and its forms down; also promote the modernization and competitiveness make them productive and service sectors.
Laconstancia mentioned registration will allow to prove that elsolicitante actually performs the activities referred to in the articulo17 of this law. For the determination of those activities to debanconsiderarse of technological development and innovation, the CONACyT will ask laopinion instances, agencies or entities deemed suitable.
The program will be considered a special program and their integration, approval, updating, implementation and evaluation will take place in terms of upon in the Federal budget and fiscal responsibility, in planning law and by this law.
The programme will include a vision of long-term and projection of up to veinticincoanos under the terms of this law and of the provisions arising from lamisma. The program will be updated every three years. The actualizacionescoincidiran with the start of each new legislature of the Congress of the Union.
Blushing of the special program will be carried out by CONACyT laspropuestas presenting the agencies and entities of the Federal public administration to support or carry out scientific research, desarrollotecnologico and innovation-based. In this process are taken into account opinions scientific, academic and technological communities ypropuestas and sectorproductivo, convened by the Scientific Advisory Forum and technology. Inorder to achieve substantive consistency and financial program, final integration will be held jointly by the CONACyT and the Secretariat of finance and public credit. His presentation will be through the DirectorGeneral of the CONACyT and its approval shall be responsible for the General Council. A vezaprobado, their observance is mandatory for dependencies and partners, in the terms of the presidential decree issued by the owner of the EjecutivoFederal.
The Programadebera contain, at least, the following: i. the politicageneral of support to science and technology;
II. Diagnoses, policies, strategies, indicators and priority actions in land: to) scientific research, technological development and innovation, b) training and incorporation of researchers, technologists and professionals from altonivel, c) dissemination of scientific and technological knowledge and its link with productive occupations and services, d) national and international collaboration in the previous activities, e) strengthening national scientific and technological culture ((, f) decentralization and regional development, and g) track evaluation.
III. Policies, content, actions and goals of scientific research, technological development and innovation performing units and entities of the Federal public administration, as well as funds that will crearseconforme to this law;
IIIBis.Las priority areas of knowledge and technological innovation, as well as the strategic projects of science, technology and innovation for yregiones sectors;
IV. General Lasorientaciones of the instruments of support referred to in lafraccion VIII of article 13 of this law, and V.Elprograma referred to in article 29 of the law of biosafety of genetically modified organisms.
Parala annual implementation of the special programme of science, technology Einnovacion, agencies, and entities of the Federal public administration to formulate its draft programme and budget bothnondisruptive activities and support scientific research, the desarrollotecnologico, innovation, competitiveness and productivity, taking intoaccount the priorities and criteria for the allocation of expenditure on Science, technology and innovation approved by the General Council , in which sedeterminaran the strategic areas and priority programmes of care, and special budgetary support, which will include the new parainvestigadores places and the new infrastructure for science, technology and lainnovacion, as well as the issues of biosafety and biotechnology relevant. Conbase in the foregoing, CONACyT and the Secretariat of finance and public credit will consolidate such pre-projects foryour budget and programmatic information review and analysis integral and global consistency for presentation yaprobacion by the General Council. The draft budget of expenditure of the Federation will indicate the consolidated budget devoted to science, technology einnovacion approved by the General Council.
SECTION IV article 23 funds.
Two types of funds can be: CONACyT funds and funds for scientific research and technological development. The CONACyT funds, whose operativoestara support carried out by CONACyT, they will be created and will operate in accordance with to the dispuestopor this order and may take the following forms: I. Losinstitucionales which shall be established and operate in accordance with articles 24 and 26de this law;
II. Lossectoriales which are established and operate in accordance with articles 25 and 26 deesta law;
III. the international cooperation which are established and operate in accordance with the articulos24 and 26 of this Act and to the terms of the conventions being held in cadacaso, and IV. The mixed which agree with the Governments of the federative entities that are refierelos articles 26 and 35 of this Act.
Funds research scientific and technological development, whose support operativoestara in charge of the public research centres, yoperaran in accordance with the provisions of this law shall be established.
Elestablecimiento and operation of the institutional CONACyT funds sesujetara to the following bases: i. these Fondosseran constituted and administered through the figure of the trust;
II. are the beneficiaries of these funds institutions, yparticulares, centers, laboratories, public and private universities or personasdedicadas to scientific research, technological development and lainnovacion that are recorded in the register, as is establezcaen the respective contracts and the rules of operation of each trust. None of these contracts the CONACyT will be trustee;
III. Elfideicomitente will be the CONACyT and may these funds receive Federal Government contributions and of third parties, as well as contributions for the leyesdeterminen these funds;
IV. the CONACyT, through its governing body, will determine the object of each of the funds, shall establish its rules of operation and shall adopt the contratosrespectivos. These contracts will not require any other approval and concluded once will proceed to registration in the Treasury Ycredito public.
In the rules operation shall be the objectives of the programmes of support, loscriterios, processes and decision-making for the granting of apoyosy their monitoring and evaluation.
The fondoscontaran with a technical Committee and management, which will be presided over porun representative of the CONACyT. CONACyT will perform the seguimientocientifico, technological and administrative, and V. object of each Fund will invariably be supports yfinanciamientos for granting: activities directly linked to the development of scientific and technological research; scholarships and training resources humanosespecializados; realization of specific projects of scientific research, technological development, innovation and technological modernization; the national or international registration of rights of intellectual property generated; linking science and technology withthe productive sectors and services; the dissemination of science, technology and innovation; creation, development and consolidation of groups deinvestigadores or research centres, as well as to provide yreconocimientos stimulus to researchers and technologists, in both cases associated with laevaluacion of its activities and results.
Lassecretarias of State and entities of the Federal public administration, may conclude agreements with CONACyT, whose purpose seadeterminar the establishment of sector CONACyT funds intended for wing carrying out scientific research, technological development, innovation, the national or international registration of intellectual property, and human resources training specialized scholarships, creation, strengthening of groups or academic bodies or professional research , technological development and innovation, dissemination of scientific, technological and innovation and the infrastructure required by the sector that will try, in each case. These conventions will be held and seconstituiran funds and will operate in accordance with the basis established in the fractions Iy III of article 24 and the fractions I, III, IV, V, VI, VII, VIII and IX article 26 of this law and the following specific principles: i. losconvenios mentioned above will determine the object of each Fund, seestableceran its rules of operation and the elements will be approved fundamentalesque contain the respective contracts. In the rules of operation seprecisaran the objectives of the projects, criteria, process einstancias's decision to carry out the projects and its follow-up yevaluacion. The trustor in the sectoral funds will be the CONACyT;
II. only lasuniversidades and public higher education institutions and individuals, centers, laboratories, public and private companies and others that seinscriban on the national register of scientific companies and institutions Ytecnologicas that the law may be, through competition and under forms expressly determined by the Technical Committee and management, in accordance with the rules of operation of the trust beneficiaries of funds to this article refers and, therefore, executors of the projectswhat is carried out with resources of those funds;
III. Participate in the preparation of the special programme of science, technology Einnovacion;
V. propose DivX of CONACyT for which dependencies or institutions of Governments of federal entities can collaborate operationally;
VI. proposed coordination arrangements guaranteed;
VII. analyzing proposals for modifications to the legal framework on Science ytecnología, yplantear and VIII. Other quesean necessary for the fulfilment of its object.
The DirectorGeneral of the CONACyT will propose to the plenary of the Conference the bases of sufuncionamiento. Once approved these bases, the Conference will be held by atleast every six months in the State that for each session sedetermine.
Itexecutive Federal, through the secretariats of finance and Creditopublico, of education, of economy, environment and RecursosNaturales, health, energy, or other agencies, as appropriate, or elCONACyT, may conclude agreements with the Governments of the entities federativasy with the municipalities, to establish programmes and specific supports great regional, State, and municipal development ydescentralizacion of scientific activities technology and innovation.
In losconvenios referred to in the preceding paragraph concretosde financing commitments shall be determined, in addition to common objectives and obligations of the parties, and application of the principles established in article 12 of this law.
You may also provide for coordination actions include development projects involving the public research centres in apoyode the Governments of the federative entities, by providing service, the creation of units of transfer deconocimiento or the Association agreed between both parties. They may be matter give them conventions collaboration and coordination in regional, State, or municipal interest with universities or other institucioneslocales research projects and national, when these are part in the celebration of losconvenios. For this purpose funds may constitute which is refierenlos articles 25, 25A and 26 of this Act.
In losconvenios referred to in the previous article that celebrate the CONACyT congobiernos of federal entities, may incorporate adicionalmenteestipulaciones regarding the following: i. Services, activities and specific functions within the framework of the powers of the CONACyTpuedan be made operationally in the State that is part delconvenio, dependence or competent entity of the Government of the State;
II. the terms and conditions that may be implemented as provided in the above fraction, mutual collaboration and in accordance with the guidelines proposed by elCONACyT;
III. the elementosminimos and commitments to be agreed to, where appropriate, form, develop and/or strengthen the State system of science and technology;
IV. the terminosde State collaboration for integration and updating of the SistemaIntegrado of information on scientific and technological research;
V. some, criteria and guidelines agreed to promote municipal collaboration in support of scientific research, development innovation tecnologicoy, and VI. Other necessary aspects related thereto.
ElCONACyT may agree with the Governments of the federative entities and jointly, the establishment and operation of joint funds of caracterregional, State and municipal support to scientific research, technological development and innovation, which may include training human allocations of high specialty, which will integrate and be developed with inputs from Parties at the rate as in each case is determined. The parties to the conventions will be settlors. Funds the following applies to you: i. the dispuestopor fraction I of article 24 and the fractions I, III, IV, V, VI, VII, IX VIIIy article 26 of this law, where relevant;
II. in estosconvenios the purpose of the Fund is determined to become, the rules of their operation will be established and the fundamentals will be approved it must contain the respective contract, in accordance with the principles referred to in article 12 of this law. In the rules of operation and taking into account losplanes, programmes and projects of the State or the municipiocorrespondiente, shall be the specific objectives of the projects, loscriterios, processes and instances of decision for the realization of projects and its follow-up;
III. only lasuniversidades and institutions of higher education, public and individuals, centers, laboratories, public and private companies and others that seinscriban on the national register of scientific companies and institutions Ytecnologicas that the law may be, through competition and under forms expressly determined by the Technical Committee and management in accordance with the rules of operation of the trust beneficiaries of funds to this article refers and, therefore, executors of the projectswhat is carried out with resources of those funds;
IV. the resources these funds must come both resources from the budget autorizadodel CONACyT, federal entities and resources of the municipiosde concerned in each case, in the proportion that each Convention is established. Resources federal origin intended for those funds shall apply yno will have the character of regularizables. You can also integrate complementary conaportaciones of institutions, agencies, or companies of public, social and private occupations;
V. The celebration of conventions, by CONACyT, will require prior notification asu organ of Government and other instances that apply;
VI. funds aque referred to in this article will in all cases have a Tecnicoy Committee of Directors composed of public servants of the State, where appropriate by representatives of the municipality and by a representative of the CONACyT.Un representative of the Government of the federative entity will preside over it. Also be invited to participate in this Committee to representatives of institutions and you people of recognized prestige sectors of scientific and academic, public and private, of the State concerned.
Yourselection of scientific or technological, academic and productive sectors representatives falls jointly to the State omunicipio concerned and CONACyT. Representatives that are designenpodran being proposed by the various sectors, ensuring the representatividadde in the operation and functioning of the mixed funds.
For technical and scientific laevaluacion of the projects will be a Commission assessment involving research scientists and tecnologospreferentemente of the corresponding entity designated by mutual agreement between the entity and the CONACyT.
To support administrative functions of the Committee, the Federal, and in their casomunicipio, entity shall designate an Administrative Secretary and to CONACyT andfor the Commission shall of evaluation through the Technical Secretary quedesigne, and VII. Seconcedera priority to projects scientific, technological and innovation whose primary purpose to orient attention problems and needs oal opportunities that contribute to economic development sustainable social regions, States and jointly, to bonding, increase productivity and competitividadde the productive sectors and services.
Chapter VI participation article 36.
Are constituyeel Scientific Advisory Forum and technology as an autonomous body and permanentede consultation of the Executive Branch, the General Council and the CONACyT Gobiernodel Board, which will be established and will operate subject to the following conditions: i. shall promote the expression of the Community scientific, academic, technological and productive sector, for the formulation of proposed matters of policy and scientific research programmes desarrollotecnologico and innovation;
II. will be composed of scientists, technologists, entrepreneurs and representatives of organizations and institutions of national, regional or local character, public private, recognized by their permanent tasks in scientific research, technological development and innovation, who will participate, except in the cases provided for in this law, voluntarily and Honorable;
III. criteria of plurality, of renewal periodicay of representativeness of the different areas and specialities of the comunidadcientifica will be observed in suintegracion and technological and the social and private sectors, as well as deequilibrio between the different regions of the country;
IV. have organization working committees composed of specialists in losdiversos-based themes of science and technology;
V. Feature witha Board consisting of twenty members, seventeen of the cualesseran holders representing the following organizations: the Mexican Academy of Sciences, A. C.; the Mexican Academy of engineering, A. C.; the National Academy of medicine, A. C.; Association Mexicana of Directors of the applied research and technological development, A.C.; the National Association of universities and institutions of higher education; the National Confederation of industrial chambers; the National Agricultural Council; the employers Confederation of the Mexican Republic. the National Chamber of the transformation industry, and a representative of the national network of councils and State agencies on Science and technology, BC; the National Autonomous University of Mexico; the National Polytechnic Institute; the Center for research and advanced studies of the Instituto Politécnico national; the Mexican Academy of the language; the Mexican Academy of history; the research system of Centrospublicos and the Mexican Council for social sciences.
The other tresintegrantes, who shall act in their personal capacity, will be researchers, representatives one of them of the exact or natural sciences, one of social lasciencias or humanities and one of engineering or technology. Estosintegrantes be renewed every three years and will be selected by the propiosmiembros of the national system of researchers, through call queexpidan together the CONACyT and the Advisory Forum, which will take care of it logreun proper regional balance.
The mesadirectiva will be coordinated by who to choose its own members, renewing her Presidency every two years. In their working sessions, and according to a haven of the topics to be treated, the Board may invite gift specialists of areas, disciplines or sectors related such matters as it deems appropriate;
VI. the mesadirectiva will have a Secretary who shall be appointed by the DirectorGeneral of CONACyT, from a list of three proposed by the Board of Directors. Esteauxiliara to the Board of Directors in the Organization and development of the works give them the Forum consultation processes and specialized committees and will have legal lasfacultades for the celebration of all legal acts necesariospara the administration of the resources allocated for the performance Forum;
VII. the bases desu integration, operation and organization will be issued by CONACyT andthe mesa directors, and VIII. You will have lasfacultades set by article 37 of this law and that the law Organicadel CONACyT confers in the relation to the Board of Governors and to the DirectorGeneral of the Agency.
The Conacytdebera transmit to the General Council and dependencies, entities and other relevant bodies, the proposals of the Advisory Forum, as well as deinformar this result falling. Proposals that present the ForoConsultivo will be developed based on the recommendations that perform specialized suscomites and taking into account the opinion of the comunidadescientificas, academic, technological and business.
On request delPoder legislative Federal, the Forum may issue queries or views sobreasuntos of general interest in science and technology.
ForoConsultivo scientist and technology will have the following basic functions: I.Proponer and review national policies and sectoral programmes yespeciales of support for scientific research, technological development andthe innovation;
II. Propose areas and priority and spending actions that demand attention and apoyoespeciales in the field of scientific research, technological development, innovation, training of researchers, dissemination of scientific knowledge ytecnologico and international technical cooperation;
III. analyze, review, propose and disseminate the legal provisions or reforms oadiciones to them, required to boost yel scientific research, development and technological innovation of the country;
IV. Formulate suggestions aimed to link technological development and lainnovacion in the productive sector and services, as well as the link between scientific research and education in accordance with the lineamientosque this same law and other legal systems established;
V. review yvalorar the effectiveness and the impact of the special programme and the anualesprioritarios programs and special attention, as well as proposals for its historical, and saw. Rendiropiniones and make specific suggestions that you ask for the EjecutivoFederal or the General Council.
The Conacytotorgara, the Technical Secretary of the Board of Directors, the apoyosnecesarios through to ensure the proper functioning of the Forum Consultivocientifico and technology, including the logistical support and the ResourcesFor permanent operation, as well as the costs of transfer and estancianecesarias for your work meetings.
Lasdependencias and entities of the Federal public administration - particularly the centers public research - thus comolas public institutions of higher education, in their respective fields decompetencia, promoted actively the technological development and innovation.
For establishment and operation of instruments of development referred to in estaLey, shall be granted priority to projects whose purpose is to promote lamodernizacion, innovation and technological development that are vinculadoscon companies or entities users of technology, especially with small and medium-sized enterprises.
Deigual shape will be priority projects which intend to achieve a usoracional, more efficient and environmentally sustainable natural resources, associations whose purpose is the creation and operation of redescientificas and technological, as well as projects for bonding between scientific and technological research with the productive sectors and services which have an impact on the improvement of productivity and competitiveness Dela national industry.
Otorgarapoyo the activities of technological research referred to in estearticulo, shall require that the respective project have a statement
formal interest in the application of the technology expressed by or lospotenciales users. Also, except in cases duly justified, serequerira that the beneficiaries of the project provide resources for joint elfinanciamiento of the same.
Losapoyos referred to in this article will be awarded by a certain time, in accordance with the content and the objectives of the project; These props sesuspenderan if it is determined that the project has no technical feasibility oeconomica.
Lasuniversidades and public higher education institutions and the Centrospublicos of research, may create units of bonding and transfer knowledge.
Estasunidades may act through legal figure that best convengapara your objectives, in terms of the provisions applicable, always shuts do not constitute as parastatal entities. In addition, they may contratarpor project academic staff of the universities and institutions of higher education, as well as the public research centres subject to upon articles 51 and 56 of this Act.
Units referred to in this article, in no event will finance sugasto of operation with public resources. Public resources which, entérminos of this law, receive units should only be agenerar and run projects in the field of technological development and innovation and promote its links with the productive sectors and services.
Paradiseñar and operate the public policy innovation sets the intersectoral Committee for innovation, as a specialized Committee of the ConsejoGeneral.
Intersectoral Committee for innovation will be composed of the head of the Ministry of economy who it will preside over the Director of CONACyT who will occupy the Vice Presidency, and the head of the Secretariat of public education. They will be permanent invited the Coordinator General of the ForoConsultivo scientific and technological, representatives at the Council Generaldel national system of research centres and representatives of academic and productive occupations that are considered relevant, as stated in the respective regulations, who will attend with voice but sinvoto.
Structure and operation of this Committee, is explicitará in quepara regulation effect issued by the permanent members.
Intersectoral Committee for innovation will operate in accordance with the rules which, in effect, is issued and shall have the following powers: I.Aprobarel program innovation and inform the General Council;
II. Apply them resources that have approved the program of innovation in the budget of expenditure of the Federation;
III. Set them rules of operation of the sectoral innovation funds to sefinancien funded by the innovation programme;
IV. Proponeral General Council and units of the Federal public administration recommendations it deems pertinent in matters denormalization and rights of intellectual property, in order to promote lainnovacion;
V.Opinarrespecto of the regulatory framework national, diagnose their implementation and proponeral General Council projects of amendments to legislative provisions related to innovation, as well as mechanisms to laincentiven; yadministrativas
VI. Comment on projects or federal programs related to innovation in the entities of the Federal public administration to improve the impact they might have on technological development and innovation of the sectoresproductivos and services;
VII. Propose holding of conventions related to innovation projects development technological dependencies and entities of the Federal public administration, as well as States and municipalities and the sectoresacademicos, production or services;
VIII.Organizarforos of inquiry in order to analyze State, the efficiency, effectiveness and PRTC.NET/~elimpacto of the Federal programs that support technological development and lainnovacion, as well as cases of application successful projects of bonding or technological innovation, in order to identify improvements to the politicaspublicas to continue with an approach that meets the needs of companies;
IX. Agree matters which are subject to consideration, and X.lasdemas that give you this law and other applicable provisions.
Intersectoral Committee for innovation will be based on a technical Secretary attached to the Ministry of economy, who will be designated by the dedicha holder Secretariat from Directors-General already in existence and shall have the following powers: I.Proponery run the program of innovation;
II. Run to follow up on the agreements of the Committee;
III. Formulary, submit to the Committee the project of the program of innovation, for suaprobacion as well as an evaluation of the programme and specific priority otherprograms annual report;
IV. Represent Committee and be link between the public, social and private sectors pararecabar the views of these sectors in the field of innovation and desarrollotecnologico, and V.Realizarlas other activities entrusted to the Committee and those identified at internal regulation.
Technical ElSecretario of the Committee will have the legal powers for the celebration of all the legal acts required for the administration of the guideswhat to be allocated to the Committee on the operation and functioning of the proyectosy innovation programmes. The Ministry of economy will support the activities of the Committee with charge your budget.
Chapter VIII Relacionesentre research and education article 42.
Federal Government will support scientific research and technological materializes significantly to develop a system of education, training and consolidation of human resources of high quality on an equal deoportunidades and access between men and women.
The Secretariat of public education and CONACyT will establish ycolaboracion coordination mechanisms necessary to support graduate studies, paying special attention to the increase of their quality; training yconsolidacion of academic research groups, and basic scientific research in all areas of knowledge and the desarrollotecnologico. These mechanisms will be applied both in the higher education institutions and the national network of centres and groups research.
Raise integrate research and education, public research centres will ensure the participation of susinvestigadores in education activities through their internal systems. Institutions of higher education shall promote, through their internal systems, to his academicosde career, professors and researchers to participate in activities of ensenanzafrente group, tutoring of students, research or application innovadoradel knowledge.
The La will recognize the outstanding achievements of those who carry out scientific and technological research, and will seek to support the activity of investigation of these individuals to help maintain and strengthen the quality of education. The CONACyT will participate in decision-making for the granting of awards in science and technology which will sponsor oapoyen with federal resources or mechanisms.
The estimulosy awards the Federal Government granted to academics for their scientific and technological research laborde, also foster and recognize lalabor teaching of those who receive them.
The La will promote the design and implementation of methods and programmes for education and promotion of science and technology at all levels of education, in particular for basic education.
Chapter IX research article 47 of Centrospublicos.
Paraefectos of this Act shall be regarded as public research centres the parastatal entities of the Federal public administration that in accordance with its instrument of creation have the predominant object realizaractividades of scientific and technological research; that effectively sedediquen to such activities; that are recognized as such by joint resolution of the holders of CONACyT and the coordinating unit ofaudio that appropriate public research center, the opinion Dela Secretaría de Hacienda y Crédito Público for budgetary effects, and quecelebren Convention of management by results that sets the Presentecapitulo, to evaluate its performance and the impact of their actions. Dicharesolucion to be published in the official journal of the Federation. CONACyT will take into account the opinion of the Scientific Consultative Forum and technology.
Public Loscentros of research shall enjoy autonomy of technical, operational and administrative decision under the terms of this law, and management
budget in accordance with the provisions of the Federal law of Presupuestoy liability tax and other applicable legal provisions; sinperjuicio of the relations of sectoral coordination that at each centre lecorresponda. Also, these centres governed its relationship with lasdependencias of the Federal public administration and the CONACyT as alos conventions of management by results than under the terms of this law to celebrate. The organisms created in order to support or carry out activities scientific research and technological development, that have constituidoa through conventions or treaties, whose seat is Mexico, seregiran in accordance with their respective instruments of creation.
ElCONACyT will be the entity authorized to decide and resolve on aspectoscientificos and technological conventions of management by results very the periodicity of the evaluation of the projects.
LosCentros. public research, in accordance with its object, will collaborate tothe competent authorities in the activities of promotion of metrology, in the development of Mexican official standards or Mexican standards and in compliance with the same laevaluacion, sticking to the dispuestopor Federal law on metrology and standardization.
Elestablecimiento and operation of the research funds scientific technological development is subject to the following conditions: i. shall be constituted and administered through the figure of trust. Elfideicomitente will be the entity recognized as public research centre;
II. Seconstituirán with his own self-generated resources centre audience research concerned, and may receive contributions from third parties;
III. the beneficiariodel Fund will be the public research center that has been set up;
IV. Elobjeto Fund will finance or complement funding from proyectosespecificos of research, technological development and innovation, creation and maintenance of research facilities, equipment, materials elsuministro, the granting of scholarships and training of specialized HumanResources, the generation of investment associated to its potential commercial exploitation, creation and support of units of bonding and transfer of knowledge and intellectual property granting extraordinary deincentivos researchers participating in projects, and other approved purposes directly linked to proyectoscientificos, technological or innovation. Also recruitment may be financed by time paraproyectos scientific, technological or innovation, provided that no seregularice the hiring later. In any case the recursospodran affect is for fixed costs of the administration of the entity. Losbienes acquired, patents, rights of author and works with resources funds shall form part of the heritage of the Centre itself. The hiring of acquisitions, leases and services charged to the recursosautogenerados of funds, will be in accordance with the rules of operation of dichosfondos; criteria, procedures and mechanisms that, in these materiasexpidan, the governing bodies of the centres, as well as to the disposicionesadministrativas who, in his case, it deems necessary to the Ministry of the civil service or the Ministry of finance and public credit, in the scope issue their respective competencies, managing these resources with efficiency, effectiveness and honesty, to meet the objectives to which they are intended for yasegurar to center the best available conditions in terms of price quality, financing, opportunity and other relevant circumstances.
Exercise of the resources referred to in the preceding paragraph, shall administrations by the Secretaría de la Función Pública and Laauditoria top of the Federation, within the scope of their respectivascompetencias.
V. The centropublico of research, through its governing body, will establish the rules of operation of the Fund, which shall be the types of projects that will receive support, processes and decision-making foryour granting, monitoring and evaluation, and VI. Claims it wave resources available in the Fund, including principal and interest ylos self-generated resources referred to in this section won't lugara reduction, limitation or compensation of the mappings presupuestalesnormales, authorized in accordance with the budget of expenditure of the Federation paralos public research centres, which, in accordance with this Act, with such funds.
LosCentros public research promoted jointly with the sectorespublico and the formation of strategic partnerships, consortia, alianzastecnologicas, units of transfer deconocimiento, new private companies of technological base, and network regionalesde innovation in which efforts are made to the incorporation of desarrollostecnologicos and innovations carried out in these centres, as well as researchers trained in them.
Common provisions in the previous paragraph, the governing bodies of public loscentros of research shall adopt and shall establish the following: II. Terms and requirements for the incorporation and participation of the personal Center associations, alliances, consortia, drives, network onuevas companies concerned.
Also, the governing bodies of the public research centers may provide support and criteria as deque concerned staff of the Center which can perform the technological business incubation innovation in coordination with the Centre and, where appropriate, with third parties.
Terms, requirements and criteria referred to in section II and the parrafoanterior will be established by the governing bodies of schools General mediantenormas that must be dispatched to the effect and which consist of preventive measures together aimed to avoid that the staff of the centers incurraen conflict of interest to which articles 8, 12th fraction refer , and 9 of the Federal Act on the administrative responsibilities of public servers. Prior to his expedition, these rules must have favorable laopinion issued by the respective internal organ of control.
Government organs will also determine as regards intellectual property rights and the benefits that correspond to the public Centre research in relation to the provisions of this article.
For promoting the commercialization of intellectual property fact of the centres, government bodies rights approved the lineamientosque allow grant to academic staff who raised them up to 70% of the royalties that are generated.
Researchers of all public research centres, will have entresus features the of imparting higher education in one or more of the types oniveles.
Academic staff of the public research centers will be governed by conformity with the statutes of academic staff issued its organs I degobierno, which establish rights and obligations academics, as well as the rules relating to income, promotion, evaluation and permanent personal deese in academia.
Lasconstancias, diplomas, awards, certificates and degrees and gradosacademicos which, if any, issued public research centres will have recognition of official validity corresponds to the estudiosimpartidos and performed, without that require authentication will be subject amecanismos of certification to preserve its academic quality.
The centrospublicos of research shall be governed by this law and its instruments making. In matters not provided for in these regulations shall apply supletoriamentela Federal law for para-State entities, provided it is parafortalecer its technical, operational and administrative autonomy.
The ingresosque generate public research centres of services, goods and products of research and technological development, including assistance for the training of qualified human resources, which provide oproduzcan directly or in collaboration with other public entities oprivadas, will be used for projects approved by its organs degobierno in terms of article 50 of this law.
The research centrospublicos will have deprofesionalizacion integrated systems, including catalogues of positions, access mechanisms promotions, salary tabulator, permanent yactualizacion of its scientific, technological staff professional development programs, academic yadministrativo, as well as the obligations and incentives to performance yproductividad of scientific and technological work. The Organization, functioning and development of these systems will be governed by the normasgenerales which propose the CONACyT and establishing the Treasury Ycredito public and those specific to that in each Center issued its organ degobierno.
Bodies degobierno centers public research will meet when least dosveces a year, and shall have the powers which gives them the legal instrument desu creation and the following non-delegable powers:
I.Aprobar and evaluate programs, agenda and academic projects, research, technological development and innovation on the proposal of the director osu equivalent and members of the community of researchers of the propiocentro;
II. approve distribution of the final annual budget of the Organization and the program deinversiones, in accordance with the authorized amount of its budget;
III. approve, sinque required authorization from the Secretariat of finance and public credit, budgetary adjustments to its programs that do not involve the affectation of the total authorized amount, investment resources, projects funded external concredito, nor the fulfillment of the objectives and targets committed;
IV. Decidirel use and destination of self-generated resources obtained through the sale of goods or the provision of services, by participation in associations, alliances or new technological companies, commercialization of intellectual property and industrial, donations or any other concept that pudieragenerar benefits to the Centre in accordance with this law, either within the budget of the entity or channelling these to the scientific research fund technological development and innovation; as well as establishing criteria for use and destination of the self-generated resources obtained in excess of scheduled, informing the Secretariat of finance and public credit on the origin, amount, target and criteria of application of self-generated resources, conformity with the provisions applicable, and for the purpose of the informestrimestrales and public accounts;
V. authorize laapertura of financial investment accounts, which will always be rentafija or guaranteed performance;
VI. Authorize in general the program and the criteria for holding deconvenios and contracts for the provision of research services for part of specific projects of research, technological development, innovation, and technical services, as well as approve strategic associations and projects, agreements or contracts that have lafinalidad of establishing technological companies with or without the contribution of the Centre in its capital stock;
VII. Issuing the rules of operation of the funds for scientific research, technological development and innovation and approve the content of defideicomiso contracts and any amendments to these, as well as the internal regulations, or its amendments, which propose you the owner of the Center for lainstrumentacion of the substantive programs;
VIII. Approve them terms of agreements of management by results which is proposed in terms of this law, as well as decide their early termination;
IX. Aprobary modify the basic structure of the entity in accordance with the amount totalautorizado of its budget of personal services, as well as define loslineamientos and rules to conform the occupational and wage structure, lasconversiones of squares and alignment of posts and categories in accordance with applicable legal provisions, as well as the specific that is establezcanen the Integral system of professionalization of each centre;
X establish system of professionalization of investigators with deestabilidad and race criteria in research, within the resources provided for budget enel;
XI. Determine them rules and percentages according to which the staff of the Centre will participate in income referred to in the section IV of this article, as well as, for a certain period, in the royalties resulting from applying oexplotar intellectual property rights, arising from projects realizadosen Research Center;
XII. fix terms of entry, promotion and tenure of academic staff, thus comoregular the academic aspects of research and higher education queimpartan;
XIII. Aprobaranualmente report of the performance of the activities of the entity, exercise of the budgets of income and expenditures and the financieroscorrespondientes States as well as the evaluation of its management;
XIV. authorizing laserogaciones necessary for the fulfilment of its object, not subject to loscriterios of rationality, set out in the budget of expenditures of Lafederacion, and XV. Yexpedir approving the rules of operation of their substantive programmes.
XVI. Aprobarel destination of the resources by the savings generated by that they come from measures of efficiency or of administrative streamlining;
XVII. Set them bases and criteria General that they must be observed queconcluyan researchers use, charge or Commission in the centres, for eventual use yaprovechamiento of the information which they had known or generadodurante or on the occasion of his performance as centre staff, in the hidden that once separated centers, decide to collaborate in the form inmediatacon other instrumentality or entity public or private.
XVIII. Define it information that corresponds to the public research centre and debeconsiderarse of confidentiality for the purposes of ownership, as well as lasbases and mechanisms for its use, provision, protection and shelter by part of the researchers, and 19th. Other established by this law.
Degobierno Losordenamientos which, in each case, determine the conformation of the authority of public research centres, provide the necessary paraquad persons of recognized moral quality, merit, prestige and experienciarelacionada with the substantive activities of the centre concerned, act as members of those bodies.
Adicionalmentea the requirements to be the holder of a public research center established the Federal law for para-State entities and their disposicionesreglamentarias, the systems that govern the Organization of each centroestableceran specific requirements of experience, specialization ymeritos to be able to deal with the charge, the procedure for his appointment, desu fallback, as well as the maximum duration of their performance.
Public research Loscentros held with the coordinating unit ofaudio, CONACyT and the Secretaries of Treasury and public credit and give it a public function, agreements of management by results whose propositosfundamentales will be improve the activities of each centre, to reach the metasy achieve the results planned and agreed, taking action and unejercicio of spending and more efficient and transparent accountability , yvincular management by results and impacts with the amount delpresupuesto assigned. Such agreements shall be nature juridicadistinta to set the law of matter and passing Decree delPresupuesto of expenses of the Federation, however which the centrospublicos concluded their respective conventions will have the facilidadesadministrativas established the annual decrees concerned.
Lavigencia of conventions shall be five years insofar as the results of the annual assessment determined that the centers have complied with commitments agreed in these instruments. Completed this period will continue with indefinite duration as to not give terminated expressly porla will of the parties. The conventions of management by results serevisaran annually on issues proposed Center or CONACyT yen aspects of goals and amounts of budgetary resources, taking in cuentael result of evaluations to be performed in accordance with this chapter.
Parala determination and, if necessary, extension of the centrospublicos's research budget, be taken into account MedianoPlazo program and the evaluation results academic, educational, research and technological development, carrying out and its academic management, financial administrative compliance is established in article 60 of this law.
Dichosconvenios will contain, among other grounds, the following: I.Elprograma of the medium-term, including multi-year financial projections yde investment;
II. The annual programme of work indicating objectives, strategies, lines of action ymetas committed based on performance indicators;
III. Loscriterios and indicators of performance and evaluation of results of feedback projects approved by its governing body, and IV. Other established in accordance with the legal provisions and reglamentariasaplicables.
Secretariat of finance and public credit will ensure timely flow allocations fiscal and Sector Coordinator through evaluate financial projects. The Ministry of the civil service will intervene to support preventive actions, administrative management and ensure accountability Auditors on the utilization of financial resources. The dependenciaCoordinadora Sector of the CONACyT in the exercise of its powers decoordinadora of sector will ensure consistency of programs sectorialescon institutional and will support the management of the centres.
Results of evaluations and audits which are carried out regarding alcumplimiento of goals, use of resources and measures corrective adoptadasque are carried out in accordance with this chapter, they shall inform the body degobierno of each centre and incorporated into the integrated information system here refer articles 15 and 16 of this law, in such a way that seanaccesibles to the public.
Parala evaluation of agreements of management by results, the dependenciacoordinadora of industry and CONACyT will propose to the governing body of the centrolos mechanisms of external evaluation of a substantive nature in deesta law terms. The effect will be made the following assessments: I.laevaluacion results and impacts of activities and resultadoscientificos of research and teachers in charge of a group of experts or specialized expertise and prestige company poruna, and II. Laevaluacion of its activities and financial and administrative results agree with audit government schemes.
Public Loscentros of research will not be considered as such in so-called following: I.Pormutuo agreement of the parties that have signed the Convention of management by results in the sense of not renewing its validity;
II. Porla determination of the coordinating unit industry and CONACyT of darpor advance ended the period of validity of the Convention resulting from assessments carried out in accordance with the preceding article, it shall notify the public research centre concerned;
III. Porla request made Coordinator of sector dependence and CONACyT, the secretariats of finance and public credit and public function, standards the results of reviews and audits that practice is as wings applicable legal provisions, or assessments that are lesentreguen in accordance with the previous article, and IV. Pordecision of the governing body of the centre concerned.
Laautonomia of budget management of public research centers is established in accordance with the provisions of the Federal law of Presupuestoy liability tax and other applicable legal provisions.
LosCentros public research will integrate the national system of research Centrospublicos, as a collegiate body of permanent derepresentacion, advice, technical support and cooperation of these centres. Carterincorporates and these centres are governed by the organic law of the national system of public research centres.
ElCONACyT design and promote a national strategy to democratize scientific information, technology and innovation, in order to strengthen them the country's capabilities so that universal knowledge is available alos learners, educators, academics, researchers, scientists, tecnologosy population in general. The strategy will seek to expand, consolidate and facilitarel access to the scientific, technological information and innovation national international full text, in digital formats.
Sufficient for higher education and research centres can establish repositories by scientific and technological disciplines or other that will determine, in order to disseminate scientific information and technology that will derive from its academic and educational products, and in general of all kindof investigations made, anyone who is his presentation, in accordance with quality criteria and technical standards issued by the CONACyT. DichosRepositorios may be established at the level of institutions and research centres or through the creation of networks or associations with otrasinstituciones, disciplines, regions or others. The CONACyT will emit the lineamientosa to be fastened repositories referred to in this law.
PorAcceso open access via a digital platform and sinrequerimientos of subscription, registration or payment, to investigations, materialeseducativos, academic, scientific, technological and innovation, financiadoscon public resources means or who have used public infrastructure in surealizacion, without prejudice to the provisions on patents, protection of intellectual or industrial property national security as author among others, as well as information which, by reason of their nature or decision of the author, whether confidential or reserved.
PorAcceso resources of scientific and technological information of quality, beingdeclared to the set of techniques used to find, categorize and accederde unequivocally, to the full text of publications recognized by occupations of science, technology and innovation, and that results are from larevision peer.
Access to which reference is made also includes databases that contienenlos records of citations and bibliographic items of revistascientificas information and technology, thesis and dissertations, protocols, memoirs of congresosy patents, among others.
Open access and the access to the scientific information, technology and innovation, strengthen the capacity of scientific, technological and innovation of the country will have to make universal knowledge available, full-text and in digital formats to learners, educators, academics, researchers, scientists, technologists and general population.
Parael proper functioning and development of access to scientific information, technology and innovation of quality, CONACyT should: I.Actualizar permanently posted technological scientific information resources acquisition;
II. Simplify administrative processes for the acquisition of bases of data collections of scientific and technological information in digital format;
III. Promote the operation and use of databases of electronic publications inthe higher education institutions and research centres;
IV. Extend the thematic coverage of scientific publications and tecnologicasdisponibles users through the collective use of the collections, and V.Promover training users, with the support and monitoring of sufficient of higher education and research centres, with lafinalidad make better use and management of the assets.
Researchers, technologists, academics and graduate students, PhD yposdoctorado, whose research activity is funded with recursospublicos or who have used public infrastructure in its realization, personal pordecision can, deposit or if expressly authorize appliance of a copy of the final version accepted for publication in AccesoAbierto through the national repository, checking that it has complied with the respective approval process as before under the terms that the CONACyT efectoestablezca.
ElCONACyT will operate the national repository in accordance with the guidelines, bases of organization and other applicable provisions in order to give certainty contained alos and safety processes of dissemination of knowledge.
Laprincipal the national repository function is the collection, preservation, management and access to electronic information and quality content, incluyendoaquellos of social and cultural interest that occur in Mexico with fondospublicos.
Elrepositorio will operate through the use of international standards that permitanbuscar, read, download full-text, reproduce, distribute, import, export, identify, store, preserve and retrieve information as sereuna.
Quality information content will be those resulting from the process of scientific and technological depublicacion formalized with revision by pairs delautor and evaluated by CONACyT.
This regulation chapter and the guidelines arising out of it, respected in todomomento legislation, including that in the copyright law.
Capability of open access and operation of the national repository, the Conacytdebera: I.Crear, develop, coordinate, direct, manage and set the politicasque to regulate safety and sustainability, as well as the management and conservation extension period of information resources.
II. The Rulebook at the national level, to collect, integrate, standardize, interoperate, store and disseminate information derived from investigacionesasi as material academic, scientific, technological and innovation.
III. Creary operate in accordance with rules internacionalesimpulsando national repository interoperability with other repositories to ensure it recovery, authentication and evaluation of information.
This Decretoentrara into force the day after its publication in the official journal Dela Federation.
It appeals Act for the promotion of scientific research and technology, published inthe Official Journal of the Federation on 21 May 1999.
Supporting DivX of the General Council, and for appropriate exercise, control yevaluacion of public federal spending for technological development, the Treasury and the Federal public administration, scientific eninvestigacion Ycredito public will make the adjustments necessary to the estructuraprogramatica and the information system of public expenditure, as well as for Constitution of a general branch specific in this matter to identify give follow-up to the integral of the Federal public administration budget eninvestigacion scientific and technological development.
Within current months following the entry into force of this Decree, the CONACyT and laMesa directive of the Forum issued the integration, operation yorganizacion of the Scientific Consultative Forum and technological bases. The recursosasignados by CONACyT the Permanent Forum of science and technology and Scientific Advisory Council and technology of its Board of Directors, sereasignaran to the Scientific Consultative Forum and technology referred to in esteDecreto.
Fondosexistentes at CONACyT operating with character or otherwise of trustee, will be modified in institutional funds, in terms of establishing articles 24 and 26 of this Act. In the event of modification or termination elfideicomitente perform the transfer of resources from the existentesa funds institutional funds created pursuant to this law.
The fondossectoriales and mixed that been concluded or entered into, will be adapted to upon in this law.
The performance conveniosde having concluded public research centers seconsideraran extended by the term referred to in article 59 of estaLey from the entry into force of this Decree of reforms.
The Conacytexpedira within a period of six months the criteria and standards of calidadinstitucional for the evaluation of the entry and permanence in the network national groups and research centres. Within six months of national library of scientific companies and institutions and technological seinnovara and update the corresponding information in accordance with the who this law.
The DirectorGeneral of CONACyT, within a period of six months after entering into force of this law, will invite councils or agencies of Governments of the competent federal entities in support to scientific and technological research, part of the ConferenciaNacional of science and technology, so that this becomes. Also, Managing General of CONACyT will propose to the plenary of the Conference the foundations working for approval, as established in article 32 of estaLey.
Only if not foreseen by this law, shall apply to supplementary budget law, accounting and Federal public expenditure and its disposicionesreglamentarias.
In a plazoque shall not exceed one year, public research centers should review and, where appropriate, propose the updating of their instruments making to adapt them to the provisions of this law.
Repealing provisions that are opposed to the present Decree.
Mexico, D.F., to 30 April of 2002-Dip. Beatriz Elena Paredes Rangel, President-Sen. Diego Fernández de Cevallos Ramos, President-Dip. Adrian Rivera Perez, Secretary: Sen. Yolanda González Hernández, Secretary-headings".
Encumplimiento the provisions of section I of article 89 of the Constitution of the Mexican United States, and for its due publication and enforcement, promulgate this Decree at the residence of the power EjecutivoFederal, in the city of Mexico, Federal District, three days of the month June of two thousand and two.-Vicente Fox Quesada.-header-the Secretary Degobernacion , Santiago Creel Miranda-header.