Official Journal of the Federation 9 February 2004
Latest Reform Published DOF 25 April 2012
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 GENERAL CONGRESS OF THE UNITED STATES OF MEXICO, D E C R E T A:
FEDERAL LAW TO ENCOURAGE ACTIVITIES BY CIVIL SOCIETY ORGANIZATIONS TO BE SET UP
UNICO ARTICLE.- The Federal Law on the Promotion of Activities by Civil Society Organizations is issued, to remain as follows:
FEDERAL LAW TO PROMOTE ACTIVITIES CARRIED OUT BY CIVIL SOCIETY ORGANIZATIONS
CHAPTER FIRST General Provisions
Article 1. This law is of public order and social interest and aims to:
I. Encourage the activities performed by civil society organizations as outlined in Article 5 of this Law;
II. Establish the powers of the authorities that will apply it and the organs that will assist in this;
III. Determine the basis on which the Federal Public Administration will encourage the activities referred to in the section I of this article;
IV. Establish the rights and obligations of civil society organizations that comply with the requirements that this law establishes to be the object of their activities, and
V. To promote coordination between the agencies and entities of the federal government and the civil society organizations benefiting, as regards the activities referred to in Article 5 of the same.
Article 2. For the purposes of this law, it is understood by:
a) Self-benefit: well, utility or profit that members of an organization of the society or their families obtain up to a fourth degree, through the use of the supports and stimuli public that has been awarded to you for the purposes of the organization;
b) Mutual benefit: either utility or benefit from public support and stimulus that is jointly received by members of one or more organizations and public officials responsible and resulting from the existence or activity of the same;
c) Commission: the Commission to Promote the Activities of Civil Society Organizations;
d) Tip: The Advisory Technical Board;
e) Dependencies: Centralized Federal Public Administration units;
f) Entities: Federal Public Administration agencies, companies, and trusts;
g) Organizations: the moral persons referred to in Article 3 of this law;
h) Networks: groupings of organizations that support each other, provide support services to others for the fulfillment of their social object, and encourage the creation and association of organizations, and
i) Registration: the Federal Register of Organizations in which civil society organizations are registered as being the subject of promotion.
Article 3. You will be able to benefit from and enjoy the support and encouragement provided by this law, all Mexican groups or organizations that, being legally constituted, carry out some or some of the activities referred to in Article 5 of this Law and shall not pursue any profit or loss of partisan, political-electoral or religious proselytism, without prejudice to the obligations laid down in other legal provisions.
Article 4. Civil society organizations that constitute national chapters of international organizations that comply with the provisions of Article 3 may enjoy the rights that it establishes, provided that its organs of administration and representation are mostly integrated by Mexican citizens. For the purposes of this Article, international organisations must register and indicate their domicile in the national territory.
Civil society organizations formed under foreign law, after complying with the corresponding provisions of the Federal Civil Code, that carry out one or more of the activities whose promotion is governed by this law, shall enjoy the rights deriving from the registration in the Register, except for those laid down in Sections II to VIII and XI of Article 6 and 25, reserved for organisations incorporated in accordance with Mexican law.
CHAPTER SECOND OF Civil Society Organizations
Article 5. For the purposes of this law, the activities of the civil society organizations are the following:
I. Social assistance, as established in the Law on the National System of Social Assistance and the General Health Law;
II. Popular power support;
III. Civic, focused on promoting citizen participation in matters of public interest;
IV. Legal assistance;
V. Support for the development of indigenous peoples and communities;
VI. Promoting Gender Equity;
VII. Contribution of services to care for social groups with disabilities;
VIII. Cooperation for community development in the urban or rural environment;
IX. Support in the defense and promotion of human rights;
X. Promotion of Sport;
XI. Promotion and contribution of health care services and health issues;
XII. Support in the exploitation of natural resources, protection of the environment, flora and fauna, preservation and restoration of ecological balance, as well as promoting sustainable development at regional and community level, in urban and rural areas;
XIII. Educational, cultural, artistic, scientific and technological promotion and promotion;
XIV. Promoting actions to improve the popular economy;
XV. Participation in civil protection actions;
XVI. Provision of support services for the creation and strengthening of organizations that perform activities that are promoted by this law;
XVII. Promotion and advocacy of consumer rights;
XVIII. Actions that promote the strengthening of social fabric and citizen security, and
XIX. Those that determine other laws.
Article 6. For the purposes of this law, civil society organizations have the following rights:
I. Register to the Registry;
II. Participate, in accordance with the Law of Planning and other applicable legal provisions, as instances of participation and consultation;
III. To integrate with the participation and consultation bodies established by the Federal Public Administration, in the areas linked to the activities referred to in Article 5 of this Law, and which establish or have to operate the dependencies or entities;
IV. Participate in the social security mechanisms that establish or operate dependency and entities, in accordance with applicable legal and administrative regulations;
V. Access to public support and stimulus to promote the activities provided for in Article 5 of this Law, to establish the applicable legal and administrative provisions;
VI.- Gozar of tax incentives and other economic and administrative supports, which establish the legal provisions in the field;
VII. Receiving donations and contributions, in terms of the tax provisions and other applicable ordinances;
VIII. To assist with the competent authorities, in the terms of the agreements that are to the effect, in the provision of public services related to the activities provided for in the article 5 of this law;
IX. Access to the benefits for organizations that derive from international conventions or treaties and are related to the activities and purposes provided for in this law, in the terms of such instruments;
X. Receive advice, training and collaboration from dependencies and entities for the best performance of their object and activities, in the framework of the programs that the effect of dependencies and entities;
XI. To participate, in terms that establish the applicable legal provisions, in the planning, execution and monitoring of policies, programs, projects and processes dependencies and entities, in relation to the activities referred to in Article 5 of this Act, and
XII. Be respected in making decisions related to your internal affairs.
Article 7. To access the support and stimulus granted by the Federal Public Administration, directed to the promotion of the activities that this law establishes, the civil society organizations they have, in addition to those provided for in other applicable legal provisions, the following obligations:
I. Be enrolled in the Registry;
II. Haber constituted legally, its management and representation organs;
III. Counting an accounting system according to generally accepted accounting rules and principles;
IV. Provide information required by competent authority for its purposes, statutes, programs, activities, beneficiaries, national or foreign sources of financing, or both, assets, administrative and financial operations, and use of the public support and stimulus they receive;
V. Report annually to the Commission on the activities carried out and the fulfilment of its purposes, as well as the balance sheet of its financial, accounting and patrimonial situation, which reflect clearly their situation and, in particular, the use and results derived from public support and stimulus granted for the purpose of promotion, to keep the Information System up to date and to ensure the transparency of their activities;
VI. Notify the Record of the modifications to its constitutive act, as well as changes in its governing bodies, direction and representation within a period not greater than forty-five working days counted from the respective modification;
VII. Register the name of the Networks that you are a part of in the Registry, as well as when you stop belonging to them;
VIII. In case of dissolution, transmit the assets that it has acquired with public support and stimulus, to another or other organizations that perform activities that are promoted and that are registered in the Record.
The dissolvable organization will have the power to choose who will transmit those goods;
IX. Perform the necessary actions for the fulfillment of your social object;
X. Promote the professionalization and training of its members;
XI. Do not engage in partisan or electoral proselytizing activities;
XII. Do not proselytize or propaganda for religious purposes, and
XIII. Act with criteria of impartiality and non-discrimination in the determination of beneficiaries.
Article 8. Civil society organizations will not be able to receive the public support and stimulus provided for in this law when they incur any of the following assumptions:
I. Exist among its managers and public servants, who are responsible for granting or authorizing public support and stimulus, relations of interest or relationship of kinship by consanguinity or affinity to in the fourth grade, or spouses, and
II. Hire, with public resources, people with kinship ties with the organization's managers, whether by consanguinity or affinity to in the fourth grade.
Article 9. Civil society organizations that, for the purposes of promoting this law, receive public support and stimulus, must be subject to the legal and applicable administrative matters.
Organisations which obtain economic resources from third parties or from abroad must carry out the corresponding operations in accordance with the tax provisions in force in the national territory or, where appropriate, on the basis of international treaties and agreements to which the country is a party.
Third CHAPTER of the Authorities and the Promotion Actions
Article 10. The Federal Executive will be the Commission for the Promotion of the Activities of Civil Society Organizations to facilitate coordination in the design, implementation, monitoring and assessment of actions and measures for the promotion of the activities set out in Article 5 of this Law.
The Commission will be composed of a representative, with the rank of undersecretary or counterpart, at least, of each of the following dependencies:
I. Social Development Secretariat;
II. Interior Secretariat;
III. Finance and Public Credit Secretariat, and
IV. Secretariat for External Relations.
The other agencies or entities of the Federal Public Administration shall participate at the invitation of the Commission, when dealing with matters falling within its competence.
The Technical Secretariat will be in charge of the Secretariat of Social Development. This dependency will have the ability to interpret this Law for administrative purposes.
Article 11. For the fulfilment of its order, the Commission shall have the following powers:
I. Define public policies for the promotion of the activities of civil society organizations;
II. Perform the evaluation of policies and actions to promote the activities outlined in this law;
III. Promote continuous dialogue between the public, social and private sectors to improve public policies related to the activities outlined in Article 5 of this Law;
IV. Learn about the violations and impose penalties for civil society organizations, as provided for in Chapter IV of this Act;
V. Exorder your internal rules, and
VI. The others that point to the law.
Article 12. The Secretariat for Social Development shall be responsible for coordinating the agencies and entities for the implementation of the promotion activities referred to in this Law, without prejudice to the privileges that other laws grant to other authorities.
Article 13.- Dependencies and entities, in order to ensure the exercise of the rights referred to in Article 6, shall encourage the activities of organizations by means of one or more of the following actions:
I. Grant of supports and stimuli for the purposes of promotion that correspond, as provided for by this law and other applicable legal and administrative provisions;
II. Promotion of the participation of the organizations in the organs, instruments and mechanisms of consultation that establish the corresponding regulations, for the planning, execution and monitoring of public policies;
III. Establishment of measures, information tools, incentives and support for organizations, in accordance with their budget allocation;
IV. Concertation and coordination with organizations to promote their activities, among those provided for in Article 5 of this Law;
V. Design and execution of instruments and mechanisms that contribute to organizations accessing the full exercise of their rights and fulfilling the obligations that this law establishes;
VI. Realization of studies and research to support organizations in the development of their activities;
VII. Celebration of coordination agreements between government areas, in order to contribute to the promotion of the activities covered by this law, and
VIII. Grant of the tax incentives provided for in the laws of the matter.
Article 14. The Commission, in coordination with the agencies and agencies of the federal public administration, shall draw up and publish an Annual Report of the promotion and support actions and incentives granted in favour of civil society organisations that are engaged in this law.
The respective report, consolidated by the Secretariat of Finance and Public Credit, will be included as a specific section of the Annual Report that the Executive Branch gives to the Congress of the Union and the Public Account, on the basis of the laws of Budget, Accounting and Public Expenditure, Transparency and Access to Information, Higher Taxation of the Federation and other applicable laws.
CHAPTER FOURTH of the Federal Register of Civil Society and Information System Organizations
Article 15. The Federal Register of Civil Society Organizations, which will be in charge of the Technical Secretariat of the Commission, will be created and assisted by an Advisory Technical Council.
Article 16. The Registry will have the following functions:
I. Register organizations that request registration, provided they meet the requirements set forth by this law;
II. Giving registered organizations record constancy;
III. Establish an Information System that identifies, in accordance with Article 5 of this Law, activities that civil society organizations carry out, as well as the requirements referred to in Article 18, in order to ensure that the units and entities have the necessary elements to comply with it;
IV. Offer to the dependencies, entities and the general public, elements of information that will help them to verify the fulfillment of the obligations referred to in this law on the part of the organisations and, where appropriate, request the Commission to impose the appropriate penalties;
V. Keep up-to-date information about the organizations referred to in this law;
VI. Keep records of the registration process with respect to cases where the registration of any organization has been the object of rejection, suspension or cancellation, in the terms of this law;
VII. Allow, in accordance with current legal provisions, access to the information that the Registry has;
VIII. To monitor compliance with the relevant provisions that are set out in this law;
IX. To make the knowledge of the competent authority, the existence of acts or facts that can be constitutive of crime;
X. Take the register of sanctions imposed by the Commission on civil society organisations, and
XI. The others that you set the Regulation of this law and other legal provisions.
Article 17. The modules for the registration procedure must be operated by the Registry only.
Article 18. To be enrolled in the Registry, organizations must meet the following requirements:
I. Submit a registration request;
II. Exhibit its constitutive act, in which it consists of the social object, to carry out any of the activities considered to be the object of the promotion, in accordance with the provisions of the article 5 of this law;
III. Previewing in its constitutive act or in its current statutes, which will allocate the public support and stimulus that they receive, to the fulfillment of their social object;
IV. To stipulate in its constitutive act or its statutes, that it shall not distribute among its associated remnants of the public support and stimuli that they receive and that in the event of dissolution, transmit the goods obtained with such supports and stimuli, to another or other organizations whose registration in the Register is in force, in accordance with the provisions of Article 7 (VIII) of this Law;
V. Point out your legal address;
VI. Report to the Registry the name of the Networks that they are a part of, as well as when you stop belonging to them, and
VII. Present simple copy of the notarial testimony that accredits the personality and citizenship of your legal representative.
Article 19. The Registry must deny registration to organizations that would like to apply this law only when:
I. Do not credit that your social object consists of performing any of the activities outlined in Article 5 of this law;
II. Exists evidence that it does not perform at least one activity listed in Article 5 of this Law;
III. The documentation displayed is an irregularity, and
IV. You are aware that you have committed serious or repeated violations of this law or other legal provisions in the development of your activities.
Article 20. The Registry will resolve the origin of the registration within a period of no more than thirty working days counted from the receipt of the application.
In case there are inadequacies in the information contained in the application, you must refrain from enrolling the organization and notify you of that circumstance by giving you thirty working days. for the subsane. After the deadline, if you do not do so, the request will be discarded.
Article 21. The administration and operation of the Registry shall be organized in accordance with the Rules of Procedure issued by the Commission.
Article 22. The Registry Information System will operate using a distributed and shared database between the Federal Public Administration's agencies and entities, related to the activities referred to in Article 5.
Article 23. In the Register, all information that forms part or is derived from the processing and management regarding the registration of the organizations in the registry will be concentrated. Such information shall include all the promotion actions that the agencies or entities undertake in relation to the registered organisations.
Article 24. All dependencies and entities, as well as registered organizations, will have access to existing information in the Registry, in order to be aware of the status of the procedures for the same.
Those persons who wish to be informed of information established in the Register must follow the procedure referred to in Chapter III of Title II of the Federal Law on Transparency and Access to Government Public Information.
Article 25. Dependencies and entities that grant support and encouragement to organizations with registration in force in the Registry must include in the Registry Information System the type, amount, and allocation of the same.
Consultative Technical Council's QUINTO CHAPTER
Article 26.- The Council is an advisory and consulting body, of an honorary nature, which will have the object of proposing, expressing opinions and making recommendations regarding the application and compliance with this Law.
The Council will participate annually with the Commission to carry out a joint evaluation of policies and actions to promote public administration agencies and agencies. Federal.
Article 27. The Council will be integrated as follows:
I. A public server designated by the Commission, who will chair it;
II. Nine representatives of organizations, whose presence in the Council will be for three years, renewing for thirds each year. The Commission shall issue the call to elect the representatives of the organisations registered in the Register, in which the eligibility requirements shall be indicated, on the basis of criteria of representativeness, seniority, membership and performance of the organizations;
III. Four representatives from the academic, professional, scientific and cultural sectors; the Commission will issue the basis for the selection of these representatives;
IV. Two representatives of the Federal Legislative Branch, one for each House, whose legislative performance is akin to the subject matter that regulates this law, and
V.- An Executive Secretary, appointed by the President of the Council based on the term proposed by the Board members.
Article 28. The Council will be held in full at least twice a year, and extraordinarily, when convened by its President or a third of the members of the Council. The Technical Secretariat shall provide all members of the Council with what is necessary to support their participation in the meetings of the Council.
Article 29. For compliance with your object, the Council will have the following functions:
I. To analyze the policies of the Mexican State related to the promotion of the activities mentioned in article 5 of this law, as well as to formulate opinions and proposals on its application and orientation;
II. To promote citizen participation and organizations in the monitoring, operation and evaluation of the Mexican State policies identified in the previous fraction;
III. Integrate the commissions and working groups that are necessary for the exercise of their functions;
IV. Suggest the adoption of administrative and operational measures that allow the fulfillment of their objectives and the efficient development of their functions;
V. Coassist in the application of this law;
VI.- Issue recommendations for the determination of violations and their corresponding sanction, in the terms of this Act, and
VII. Exorder the Operation Manual according to which it will regulate your organization and operation.
CHAPTER SIXTH of the Infractions, Sanctions and Means of Impeachment
Article 30. They constitute violations of this law, by the subjects to which it refers and which engage in it:
I. Perform self-benefit or mutual benefit activities;
II. Distribute financial or material remnants from public support or stimulus among its members;
III. Apply federal public support and stimulus that they receive for different purposes for which they were authorized;
IV. Once received public support and stimulus, stop performing the activity or activities provided for in Article 5 of this law;
V. Perform any kind of activity that could generate results that involve political proselytism, for or against, of some party or candidate in charge of popular choice;
VI. Carry out religious proselytism;
VII. Perform activities outside of your social object;
VIII. Do not allocate your assets, resources, interests, and products to the purposes and activities for which they were constituted;
IX. Refrain from delivering any reports requested by the competent authority or entity that has granted or authorized the use of federal public support and stimulus;
X. Do not keep available to the competent authorities, and the general public, information about the activities they carry out with the application of public support and stimulus that they have used;
XI. Skip information or include false data in reports;
XII. Do not report to the Registry within the period of forty-five working days, counted from the respective decision, on any modification to its constitutive act or statutes, or on any relevant changes to the information provided when requesting their registration in the same, and
XIII. Do not comply with any other obligations that correspond to you in the terms of this law.
Article 31. When a civil society organization with current registration commits any of the violations referred to in the previous article, the Commission, through the Technical Secretariat, impose on the organization, as the case may be, the following penalties:
I. Notice: in the event that the organization has incurred for the first time in any of the conduct that constitutes violations as provided for in the previous article, it will be issued with for which, within a period not exceeding 30 working days, counted from the respective notification, the irregularity is remedied;
II. Fine: in the event of failure to comply with the warning in the term referred to in the previous fraction or in the cases of non-compliance with the cases referred to in Article 30 (VII), VIII, IX, X, XI, XII and XIII of this Law; shall be fined up to the equivalent of three hundred days of the general minimum wage in force in the Federal District;
III. Suspension: for one year of its registration in the Register, counted from the notification, in the case of recidivism with respect to the violation of an obligation established by this law, which has already given rise to a fine to the organization, and
IV. Final cancellation of your registration in the Register: in the case of repeated infringement or serious cause. It is considered a repeated infringement that the same organization that had previously been suspended, made a new suspension, no matter what the provisions of this law have been violated. It is considered to be a serious cause to incur in any of the cases referred to in Article 30 (I), II, III, IV, V and VI of this Law.
The penalties referred to in this Article shall apply without prejudice to the civil, criminal and administrative responsibilities to which there is a place, in accordance with the applicable legal provisions.
In case an organization is sanctioned with suspension or definitive cancellation of the registration, the Commission, through the Technical Secretariat, must give notice, within fifteen working days following the notification of the sanction, to the corresponding tax authority, to the effect that it is aware and resolves in accordance with the current regulations, in respect of the tax benefits that would have been granted in the framework of this law.
Article 32. Against resolutions that are passed in accordance with this law, its Rules of Procedure and other applicable provisions, the means of impeachment established in the Federal Law of Administrative Procedure.
First. This law will take effect the day after its publication in the Official Journal of the Federation.
Second. The Commission referred to in Article 10 shall be made up within 30 working days following the entry into force of this law.
Third. The Federal Executive shall issue the regulation of this law within 60 working days from its publication in the Official Journal of the Federation.
Fourth. For the purposes of the registration of the organizations referred to in Chapter 4 of this Law, the Registry shall conform and initiate its operation within 120 working days of the following to the date of entry into force of this law.
Fifth. The integration and installation of the Council shall be carried out by the Commission within 180 working days following the date of entry into force of this order.
Sixth. For the first and only occasion, for the installation and integration of the Council referred to in Article 26, the representatives of the organizations will be invited by a the procedure for insaculation, in three groups of three persons each, to be carried out by the Commission referred to in Article 9 of this law, from among the proposals made by the organizations themselves.
Also for the only time, the first group will last for one year, the second group two years and the third group three years, so that it will be renewed by a third every year for a period of three years. duration.
Mexico, D.F., at December 15, 2003.-Sen. Enrique Jackson Ramirez, President.-Dip. Juan de Dios Castro Lozano, President.-Sen. Yolanda E. González Hernández, Secretary.-Dip. Amalin Yabur Elias, Secretary.-Rubicas.
In compliance with the provisions of Article 89 (I) of the Political Constitution of the United Mexican States, and for its due publication and observance, I request this Decree in the Residence of the Federal Executive Branch, in Mexico City, Federal District, at the thirty days of January of two thousand four.- Vicente Fox Quesada.-Heading.-The Secretary of Government, Santiago Creel Miranda.-Heading.