Law Organic Of The Council National Of Science And Technology

Original Language Title: Ley Orgánica del Consejo Nacional de Ciencia y Tecnología

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Organic Law of the National Council on Science and Technology

COUNCIL ' S ORGANIC LEY NATIONAL SCIENCE AND TECHNOLOGY

Official Journal of the Federation on 5 June 2002

Last reform published in DOF 20 May 2014

Al margin a seal with the National Shield, which reads: United Mexican States.- Presidency of the Republic.

VICENTE FOX QUESADA, President of the The United Mexican States, its inhabitants know:

That the Honorable Congress of the Union, it has served to address me as follows:

DECREE

"THE CONGRESS OF UNITED STATES MEXICANS, DECREASED:

LEY IS EXPEDDED SCIENCE AND TECHNOLOGY AND THE ORGANIC LAW OF THE NATIONAL COUNCIL OF SCIENCE AND TECHNOLOGY TECHNOLOGY

PRIMARY ARTICLE.- ..........

SECOND ARTICLE.- LEY IS EXPLOID ORGANIZATION OF THE NATIONAL COUNCIL OF SCIENCE AND TECHNOLOGY:

COUNCIL ' S ORGANIC LEY NATIONAL SCIENCE AND TECHNOLOGY

ARTICLE 1.

The National Council of Science and Technology, henceforth CONACYT, is a decentralised agency of the State, not sectorized, with legal personality and equity, which it enjoys of technical, operational and administrative autonomy, based in the city of Mexico, Federal District.

ARTICLE 2.

CONACYT will be the advisory body of the Federal Executive and specialized to articulate the public policies of the Federal Government and to promote the the development of scientific and technological research, innovation, the development and technological modernization of the country. In compliance with this shall be the responsibility of CONACYT, through the bodies established by the Law and its representatives, do the following:

I. Formulate and propose the national science and technology policies;

II. Supporting research and applied and the formation and consolidation of groups of researchers in all areas of knowledge, including the (i) exact, natural, health, humanities and behavioura sciences, social, biotechnology and agricultural products, as well as the engineering branch;

III. Booking innovation and technological development, as well as the strengthening of capacities national production plant technology;

IV. Formulate, integrate, and to propose to the General Council for Scientific Research and Development Technological development of the special science and technology programme, as well as the coordination of its implementation and evaluation, in the terms of the Planning Act and the Law on Science and Technology;

V. To advise on the Science and Technology to the Public Administration Units and Entities Federal, the governments of the federal entities and the municipalities, agencies in the social or private sector, at their request, in the conditions and on the matters they agree in each case;

VI. Propose to the Council General for Scientific Research and Technological Development the priorities, the programme guidelines and the criteria for the allocation of expenditure for the science and technology to be taken into account by units and entities of the Federal Public Administration in its preliminary draft programmes and budget;

VII. Perform together with the Secretariat of Finance and Public Credit, the review and comprehensive analysis of the preliminary draft programme and budget of the units and entities of the Federal Public Administration to support scientific research and technological development, in order to ensure its overall consistency with the policies, priorities, programme guidelines and allocation criteria of the defined expense, with the participation of those dependencies and entities;

VIII. Driving and operation of the National Investigator System, and to establish its objectives, functions and organization in the rules of operation and internal regulation.

IX. Promote the the participation of the scientific community and the public, social and private sectors in the development of programmes and projects to promote research science and technology and technological development;

X. Proposing to competent authorities and, where appropriate, to define policies, instruments and of science and technology support measures by the Administration Federal Government, especially in the field of fiscal and financial incentives, administrative facilities, foreign trade and property schemes intellectual;

XI. Supporting the generation, dissemination and application of scientific and technological knowledge.

To do this, the CONACYT should take action to encourage and strengthen the activities of scientific dissemination between the researchers in the country and the organizations of civil society. Similarly, it should encourage linkage between and the institutions of the national educational system in order to to strengthen the training of educators in the field of scientific culture and technology;

XII. Promote and strengthen the National repository and repositories, by scientific disciplines and to the effect that the guidelines are to be issued by that will be grasping the same. Establishing the shaping and operation of the National repository through the guidelines and operation rules that consider appropriate and in accordance with the relevant laws, to encourage the publication of open access to research, educational materials, academicians, scientists and innovation materials, funded by public resources, or which have used public infrastructure in their without prejudice to the provisions in respect of patents, protection of intellectual or industrial property, national security and copyright, inter alia, as well as that information which, by reason of its nature or decision of the author, whether confidential or reserved;

XIII. Issue the criteria general terms, terms of reference and evaluation parameters to measure the impact, results and benefits of resources allocated to programmes of the Units, Administrative Bodies and Entities Parastatals performing scientific and technological research, as well as the support provided for scientific and technological research;

XIV. Dictaminate, administer, and to assess the technical and scientific aspects related to the implementation of the fiscal stimuli and other instruments to support activities of scientific research and technological development;

XV. Propose for approval to the Board of Government the creation, transformation, dissolution or extinction of public research centres on the basis of criteria of opportunity development, linkage to needs and priorities, and to a system of evaluation of quality and institutional productivity; the opinion of the Committee on Scientific and Technological Consultative Forum;

XVI. Promote and support the The formation and operation of a National Network of Groups and Centres of Research to define joint strategies and programmes, joint actions, the empowerment of human and financial resources, the optimization of infrastructure, facilitating exchanges and concerted efforts in areas relevant to the national development, as well as defining the criteria and standards of quality of the institutions applied in the assessment processes for income and remaining on that system;

XVII. Emit the guidelines and general criteria for the operation, coordination and evaluation of the information. Define the policies, tools and support measures for the access to and access to scientific, technological and technical information innovation, as well as for the functioning of the National Repository;

XVIII. Promote and support the the development of the National Network of Research Groups and Centres and the scientific and technological research projects at universities and public institutions of higher education;

XIX. Formulate studies, programs and to promote, jointly with the competent authorities, career plans aimed at providing incentives for the profession of researcher and technologist, to strengthen and multiply research groups and to encourage mobility Researchers between centres, the setting up of new centres and institutions, including those aimed at the formation of high-level human resources and specialization in scientific and technological areas and networking in areas strategic proposals for knowledge. These career plans will comprise catalogues of posts and salary caps for the centres public research;

XX. Designing, organizing, and operating support programmes and a national system of stimuli and incentives for training and the consolidation of researchers and research groups in of any of its branches and specialties, as well as promoting the establishment and diffusion of new awards and stimuli;

XXI. To provide resources to the academic institutions, research centers and, in general, people and morals, public, social and private, for the promotion and realization of research and technological developments, on the basis of programmes and specific projects, under the terms of this Law, of the Law on Science and Technology and, where appropriate, conventions to the effect of CONACYT with the other contributors and with the institutions or centres concerned, without prejudice to the that these institutions and centres continue to drive and increase their funds and assets;

XXII. Formuse and finance fellowship programmes and in general in support of human resources training, in its various modalities, and directly award them, as well as the integration of the information on fellowship programmes offered for postgraduation national public institutions or international agencies and governments countries, in order to optimize resources in this area and to establish efficient coordination schemes, in the terms of the calls corresponding;

XXIII. Operate in collaboration with the federated entities, the Integrated Information System on Scientific and Technological Research and the National Register of Institutions and Scientific and Technological Enterprises, in accordance with the Law on Science and Technology Technology, and publish the statistical information of that system;

XXIV. Support dependencies and entities of the Federal Public Administration in the technical and scientists who need to support the formulation and modification of their regulatory schemes and their functions of standardization and metrology, and promoting the technology certification of enterprises, as well as promoting and verifying the compliance with the provisions establishing commitments for the development of scientific research and development activities technology, in coordination with the competent authorities;

XXV. Promote publications and to encourage the systematic dissemination of work both by national researchers and by foreign researchers who are resident in the country, by using the most appropriate means to this, as well as publish annually relevant advances in science and national technology, its specific applications and programmes, and transcendent activities of public research centres;

XXVI. Investigate in a direct way exclusively on the development and state of science and technology, for which should:

A. Systematize and maintain information on human, material and financial resources on scientific and technological research and technological development in the country;

B. Perform studies (a) Foresight to identify national needs in science and technology, to study the problems affecting it and its relations with the overall activity of the country, and

C. Promote the operation of Information and scientific documentation services, within the framework of the Integrated Scientific and Technological Information;

XXVII. Coordinate with the Governments of the federative entities for the establishment, operation, integration, development and assessment of both local science and technology councils as well as the state programs in these subjects;

XXVIII. As far as international issues in science and technology:

A. Running programs and projects of international scientific and technological cooperation, information and to make known the actions of scientific and technological cooperation agreed and developed by CONACYT or by units and entities supporting the the formulation and implementation of the national science and technology policy, in coordination with the Ministry of Foreign Affairs. Such activities must observe the applicable legal provisions;

B. Forgive to the Secretariat of External Relations for its Legal Opinion, Agreements and Conventions international organizations which, in the field of science and technology, need to be CONACYT, as well as to conclude agreements with foreign institutions and with international agencies for the fulfillment of their object, after consultation with the Ministry of Foreign Affairs. Participate as have the applicable laws, in the international agencies or agencies of the those that Mexico is a party to and that relate to the subject matter of its jurisdiction;

C. Encourage programs training of high-level human resources and the exchange of teachers, Investigators, technicians and managers, in coordination with units, entities, academic institutions or enterprises, both domestic and foreign;

D. Concluding agreements technical cooperation that identify and select opportunities for to establish positive flows of knowledge and technological resources towards the national enterprises, under criteria of initial assimilation and innovation;

E. Advice, to the Federal Executive and its dependencies and entities, the definition of positions issues related to science and technology to be submitted by the Government of Mexico in the various international forums and bodies in coordination with the Ministry of Foreign Affairs;

XXIX. Exercise functions that in accordance with the laws and other laws are in the units sector coordinators, with regard to the parastatal entities which President of the Republic shall determine, in the terms of Articles 48, 49 and 50 of the Organic Law of the Federal Public Administration, and

XXX. Performing the others activities inherent in the implementation of its object under the terms of this Law and the Law on Science and Technology.

ARTICLE 3.

CONACYT will support functioning of the General Council for Scientific Research and Development Technology and the Scientific and Technological Consultative Forum, which are shall be integrated and operated in accordance with the provisions of the Law on Science and Technology.

ARTICLE 4.

CONACYT will have the following governing and administrative bodies:

I. Governing Board, and

II. Director General.

The Federal Act on the ParaState entities shall apply to CONACYT in so far as they are not opposed to this Law.

ARTICLE 5.

The Government Board of CONACYT will consist of thirteen members who will be:

I. A representative of the Ministry of Finance and Public Credit;

II. A representative of the Economy Ministry;

III. A representative of the Ministry of Public Education;

IV. A representative of the Ministry of the Environment and Natural Resources;

V. A representative of the Energy Secretariat;

VI. A representative of the Secretariat of Agriculture, Livestock, Rural Development, Fishing and Food, and

VII. A representative of the Ministry of Health.

You will be invited to part of the Government Board to the Secretary-General of the National Association of Universities and Higher Education Institutions, to a member of the Forum Scientific and Technological Consultative Group, as well as two Investigators Preferably the two higher levels of the National System of Researchers and two representatives of the productive sector, which will be proposed by the Director General of CONACYT. Each owning member You will have an alternate.

Sessions will be presided over by the President of the Republic of the Republic of of the Federal Executive Units with the greatest activity and will have a quality vote in case of a tie.

Representatives Owners of the Public Administration Units and Entities Federal shall be the Under-Secretaries or equivalent level, which shall have the responsibility for the promotion of scientific research and technological development in these units and entities. In the case of Alternates must be at the hierarchical level of Director-General or equivalent. The meetings of the Governing Board may be invited in a voice but without a vote to public servants and scientists or specialists who, by the nature of the issues to be dealt with, agree on the Governing Board itself.

The Organic Statute of the CONACYT will regulate what is contained in this article.

ARTICLE 6.

The Board of Government, in addition to the powers conferred upon it by article 58 of the Federal Law the ParaState Entities, you will have the following:

I. Approve the constitution, modification or termination of all the modalities of the CONACYT Fund to which it is refers to the Law on Science and Technology and the criteria for the holding of Convention for the Establishment, Modification or Extermination of Sectoral Funds, Mixed and International, as well as contracts, rules of operation and programmes of the Institutional Funds;

II. Approve the policies and the programmes of CONACYT on the proposal of the Director-General, as well as authorizing and to issue the rules of operation of the substantive programmes, or their modifications, without any need for subsequent authorization. The information, transparency and evaluation of the rules of operation shall be governed by Provisions of the Expenditures Budget of the Fiscal Exercise, as appropriate;

III. Approve the Opinion which The Director General referred to in Article 2 (XIV) of Article 2 of the this Law;

IV. Analyzing and, where appropriate, approving the rules of operation and internal regulation of the National System of Investigators to this effect by the Director-General;

V. Approve the distribution of the final annual budget of CONACYT, the investment programme and the schedule of expenditure, in accordance with the total authorized budget;

VI. Approve, without authorizations by the Secretariat of Finance and Public Credit, the Budgeted to the CONACYT programmes, which do not involve the of its total authorized level, investment resources, projects financed by external credit, or the achievement of objectives and targets committed;

VII. Deciding to use and target of the self-generated resources and the application of surplus income, either within the budget of the entity or by channelling these to the CONACYT; funds;

VIII. Authorize the opening of financial investment accounts, which will always be in fixed income;

IX. Nominate, on a proposal from the Director-General, to the public servants of CONACYT who are charged with the two administrative hierarchies lower than that of the one, and be informed of their removal;

X. Approve and modify the basic structure of the entity in accordance with the total authorized amount of its budget for personal services, as well as defining guidelines and standards to shape the occupational and wage structure, the conversions of plazas and reigation of posts and categories, in accordance with the general rules issued by the Ministry of Finance and Public Credit;

XI. Approve, on proposal from Director-General, the unconcentrated administration of functions, programmes and resources;

XII. Approve the provisions and criteria for rationalizing administrative expenditure and authorizing the erogations identified as subject to rationality criteria;

XIII. Approve the model of the Director's performance agreement and the subscription of the same General of CONACYT with the entities recognized as public research under the terms of the Science and Technology Act;

XIV. Approve the program of CONACYT's annual scientific and technological communication, without requiring no other authorization;

XV. Analyzing, and in your case, to approve and issue the organic status and its amendments to it Director-General, as well as the establishment of permanent internal bodies transitional arrangements which it deems appropriate for the purpose of the CONACyT; object;

XVI. Establish procedures of external evaluation to enable it to know the substantive results programmes and those actually achieved, as well as the impact of the CONACYT; programs

XVII. Nominate, on a proposal from the Chief Executive Officer, Secretary and Prosecretary of this Board, who will have the powers to be laid down in the organic statute, and

XVIII. The others that you are applicable.

ARTICLE 7.

The Governing Board to hold regular sessions at least four times a year and extraordinary sessions proposed by the Director General or at least six of its members by through the Secretary of the Government's own body.

The Governing Board shall be validly sessioned with the assistance of at least one half plus one of its members and provided that the majority of the assistants are representatives of the Federal Public Administration. Resolutions shall be taken by a majority of votes of the members present.

ARTICLE 8.

The Director General will be designated and freely removed by the President of the Republic of will depend directly on the appointment of the person who will meet the following requirements:

I. To be a Mexican citizen in full exercise of their rights;

II. To have held charges decisionmaking level, the exercise of which requires knowledge and expertise in administrative matters, and in the scientific or technological fields, and

III. Not found in any of the impediments referred to in article 21 of the Federal Law of the ParaState Entities.

The Director General in as Executive Secretary of the General Research Council Scientific and Technological Development referred to in the Law on Science and Technology shall exercise the functions of its competence by agreement of the President of the Republic of the Republic and shall attend the meetings referred to in Article 7 of the Organic Law of the Federal Public Administration. In addition, the Director General of CONACYT shall perform the functions referred to in the fraction XXVII of Article 2 of this Law.

ARTICLE 9.

The Director General of the CONACYT, in addition to the powers and obligations conferred upon it by Article 59 of the Federal Law on State Entities, and the Federal Law of Administrative procedure, shall have the following powers: legal representation:

I. To Celebrate and Grant All class of acts and documents with respect to the object of CONACyT;

II. Exercise of powers of domain, administration, lawsuits, and collections, even those that require special clause. In the case of any acts of dominance, the prior authorization of the Governing Board;

III. Grant, replace, and revoking general and special powers with the powers that fall within its competence, even those that require authorization or special clause. The Director General shall designate the person or persons who shall serve as customs agents of the CONACYT, who will have to comply with the requirements set out in the Applicable legislation. Designated public servants will be able to serve as well as customs officers of the public research centres, prior granting of the respective commands;

IV. To make complaints and and propose to the Board of Governs the legal pardon, when it is in their view as well as to appear ex officio, as well as the Deputy Directors, to absolve positions in terms of the procedural law that corresponds;

V. Exercise and desist of judicial proceedings, including in the area of amparo;

VI. Celebrating transactions in judicial matters and to engage in matters in arbitration;

VII. Enforce with respect to matters within its competence, draft laws, regulations, decrees, agreements and orders of the President of the Republic;

VIII. Execute the agreements of the Governing Board and of the General Council referred to in the Science and Technology Act Technology;

IX. Present to the Board of Government for approval, rules of operation and internal regulation of the National Investigator System, which will set out its objectives, functions and organizational form;

X. Present to the Board of Government the draft programmes, reports and financial statements of CONACYT and those specifically requested by you;

XI. Exercise the budget of CONACYT subject to the provisions laid down by law, regulation and applicable administrative;

XII. Subscribe and negotiate credits, as well as processing and obtaining letters of credit, prior to the authorization of the Governing Board;

XIII. Draw up and present for the approval of the Governing Board, the Organic Statute, the rules of and the internal regulation of the substantive programmes, as well as and to issue the organizational, procedural and organizational manuals of CONACYT services;

XIV. Setting the conditions CONACYT; work generals

XV. Provide the information requested by the public commissioners;

XVI. Report to the Board of Government on the exercise of the powers confers on it by this article, and

XVII. The which are conferred by the applicable laws, and the others which are based on this Law Board of Governs.

The Director General of the CONACYT will serve as Executive Secretary of the General Research Council Scientific and Technological Development, as referred to in the Science and Technology Act Technology.

ARTICLE 10.

The Consultative Forum Scientist and Technological Institute will serve as an internal support and advisory body institution, which will have the following functions to assist the Board Government and the Director-General:

I. Support activities of CONACYT and to make suggestions that are aimed at its best performance;

II. Contribute to the to achieve resources that promote compliance with the objectives of the CONACYT;

III. To advise the Director in matters of a scientific and technical nature which are subject to the consideration;

IV. Proposing to the Director General the adoption of general measures aimed at improving the CONACYT' s promotion tools;

V. Formulate opinions and proposals for better instrumentation, corresponding to CONACYT, in respect of to national policies and resolutions of the General Council, and

VI. Other functions that confers upon it the Organic Statute of CONACYT.

ARTICLE 11.

The heritage of CONACYT will be integrated with:

I. The movable property and properties assigned to it by the Federal Executive, and those that it acquirates for any legal title, and

II. With the transfers, the subsidies, the participations, the donations and the legacies that you receive, and, in general, with the income that you earn, through consultations, perks, royalties, recoveries, intellectual property rights or any other service or self-concept of its object.

ARTICLE 12.

CONACYT will administer and shall freely possess its heritage in the performance of its object, without to the detriment of the legal provisions applicable to the bodies decentralized.

ARTICLE 13.

The channel resources by the National Council for Science and Technology for Programmes, projects, studies, specific research, grants awarded in their own different forms and any other economic support or assistance which to be agreed or provided, subject to the conclusion of a contract or convention and, where appropriate, the following conditions:

I. CONACYT will monitor the proper use of the funds it provides, or contribution, in the terms set out in the contracts or contracts themselves;

II. Beneficiaries or contracts or contracts will give to CONACYT the reports periodic reports on the development and outcome of the work, and

III. The rights to Intellectual Property in respect of the results obtained by the persons or morals that receive help from CONACYT, they will be a matter of regulation specific to the contracts which are to be concluded, those which shall include the rules and percentages for the participation of royalties corresponding to the of the parties, in which the interests of the country will be protected and promoted, of the CONACYT, those of the investigators and, if any, of others contributors.

Contracts or agreements concluded with natural persons in support of their high level training level or postgraduate level in higher education or research institutions, public or private, whether they are at home or abroad, may not be able to to be subject to requirements which require or condition the payment of the economic amount to be exercised.

ARTICLE 14.

The workers in the CONACYT will continue to be incorporated into the regime of the Law of the Institute of Social Security and Services of State Employees.

ARTICLE 15.

CONACYT will count with a supervisory body composed of an owner and a public commissioner alternates, appointed by the Secretariat of the Civil Service, and shall have the powers confers upon them by the Federal Law of the State Entities and the other applicable legal provisions.

ARTICLE 16.

CONACYT has Internal Audit Office, internal control body, at the head of which the Internal controller appointed in the terms of Article 37 (XII) of the Law on the Organic Law of the Federal Public Administration, in the exercise of its powers will be assisted by the holders of the areas of audit, complaints and responsibilities that are designated in the same terms.

Public servers referred to in the preceding subparagraph, in the context of their respective powers are exercised by the powers provided for in the Organic Law of the Republic of Federal Public Administration, the Federal Law of State Entities, the Federal Law on Administrative Responsibilities of Public Servants and the other applicable legal and administrative systems.

ARTICLE 17.

The absences of Comptroller Internal, as well as that of the holders of the responsibilities, audit and complaints will be suplished as planned by the Rules of Procedure of the Civil Service Registry.

TRANSITORIES

FIRST.

This law will go into entry into force on the day following its publication in the Official Journal of the Federation.

SECOND.

The Law is hereby repealing set up the National Science and Technology Council, published in the Journal Official of the Federation on December 29, 1970.

TERCERO.

The Secretariat of Finance and Public Credit will make the necessary adjustments to the CONACYT budget treatment, as a non-sectorized entity, as well as as for CONACYT to perform functions that are in accordance with the laws and so on related to sector coordinating units, with respect to of the parastatals which form part of the subsector called SEP-CONACYT system, henceforth System of Public Centres CONACyT, in the the terms of articles 48, 49 and 50 of the Organic Law of the Administration Federal Public.

FOURTH.

The Governing Board will issue the Organic Status of CONACYT within sixty days from the date of entry into force of this Law, in which the decisions and authorizations to be taken by the Board itself in respect of the powers that the Federal Law of State Entities, the Law on Budget, Accounting and Public Expenditure, the General Law of Public Debt, the Approved Decree of the Egress Budget of the Federation, related procurement, leases and services in the public sector, and all other legal systems and regulations and administrative units, conferred upon them by the sector focal point for the operation and operation of the CONACYT, as well as those to be exercised by the Director General and the administrative units of the decentralized public body itself.

As long as the Organic Statute, the Governing Board of CONACYT may, in the case of of doubt as to whether the same collegiate body is dealt with or dealt with the function or the Director General to take steps directly before the Secretariat of Finance and Public Credit or any other unit that is competent for the subject matter.

QUINTO.

The expedition of this Law does not affect labour rights acquired by workers of the organism.

SEXTO.

The deadline for submission the rules of operation and internal rules to which the fraction refers IX of Article 9 of this Law shall be six months. As long as they enter into force rules of operation and internal rules, the rules of operation shall continue to apply. existing systems.

Mexico, D.F., at 30 April 2002.-Dip. Beatriz Elena Paredes Rangel, President.-Sen. Diego Fernandez de Cevallos Ramos, President.-Dip. Adrián Rivera Perez, Secretary.-Sen. Yolanda González Hernández, Secretary.-Headings".

In compliance with Article 89 (1) of the Political Constitution of the European Union The United Mexican States, and for its due publication and observance, Decree at the Residence of the Federal Executive Branch, in the City of Mexico, Federal District, on the three days of June of two thousand two.- Vicente Fox Quesada.-Heading.-The Interior Secretary, Santiago Creel Miranda.-Heading.


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