Latest Reform Published in the DOF May 20, 2014
VICENTE FOX QUESADA, President of the United Mexican States, to its inhabitants known:
That the Honorable Congress of the Union, has served to address the following
"THE CONGRESS OF THE MEXICAN UNITED STATES, DECREES:
SCIENCE AND TECHNOLOGY LAW AND THE NATIONAL SCIENCE AND TECHNOLOGY COUNCIL ' S ORGANIC LAW ARE ISSUED
ARTICLE FIRST.- ..........
ARTICLE SECOND.- THE ORGANIC LAW OF THE NATIONAL SCIENCE AND TECHNOLOGY COUNCIL IS SET OUT:
ORGANIC LAW OF THE NATIONAL COUNCIL OF SCIENCE AND TECHNOLOGY
The National Council of Science and Technology, hereinafter CONACyT, is a decentralized agency of the State, not sectorized, with legal personality and its own patrimony, with technical, operational and administrative autonomy, based in Mexico City, Federal District.
The CONACyT will aim to be the advisory entity of the Federal Executive and specialized to articulate the public policies of the Federal Government and promote the development of scientific and technological research, innovation, development and technological modernization of the country. In compliance with that object, CONACyT will be responsible, through the bodies established by this Law and its representatives, to carry out the following:
I. Formulate and propose national policies on science and technology;
II. Support basic and applied scientific research and the formation and consolidation of groups of researchers in all areas of knowledge, including the exact, natural, health, humanities, and behavioral sciences, social, biotechnology and agricultural, as well as the engineering industry;
III. To drive innovation and technological development, as well as strengthening the technological capabilities of the national productive plant;
IV. Formulate, integrate and propose to the General Council of Scientific Research and Technological Development the special science and technology program, as well as coordinate its execution and evaluation, in the terms of the Law of Planning and the Law of Science and Technology;
V. Advise on science and technology to agencies and entities of the Federal Public Administration, to the governments of the federal entities and to the municipalities, as well as to the agencies of the social or private sectors that request it, under the conditions and on the matters to be agreed upon in each case;
VI. Propose to the General Council for Scientific Research and Technological Development the priorities, the programmatic guidelines and the criteria for the allocation of expenditure for science and technology that will have to take into account the dependencies and entities of the Federal Public Administration in their pre-project and budget;
VII. To carry out jointly with the Secretariat of Finance and Public Credit the review and comprehensive analysis of the program and budget of the agencies and entities of the Federal Public Administration to support the investigation. scientific and technological development, in order to ensure its overall consistency with the policies, priorities, programmatic guidelines and criteria for the allocation of the defined expenditure, with the participation of these agencies and entities;
VIII. The conduct and operation of the National System of Researchers, and establish its objectives, functions and organizational form in the rules of operation and internal regulation.
IX. Promote the participation of the scientific community and the public, social and private sectors in the development of programs and projects to promote scientific and technological research and technological development;
X. Propose to the competent authorities and, where appropriate, to define policies, instruments and measures to support science and technology by the Federal Public Administration, especially in terms of fiscal and financial stimulus, administrative, external trade and intellectual property regimes;
XI. Support the generation, dissemination and application of scientific and technological knowledge.
To do this, CONACyT should undertake actions that encourage and strengthen scientific outreach activities among the country's researchers and organizations. of civil society. In the same way, it should encourage the linkage between these actors and the institutions of the national education system in order to strengthen the training of educators in the field of scientific and technological culture;
XII. Promote and strengthen the National Repository and Repositories, by scientific and technological disciplines or other disciplines to be determined by the guidelines to which they will be subject. Establish the conformation and functioning of the National Repository through the guidelines and rules of operation that it deems appropriate and in accordance with the laws applicable to the matter, in order to encourage the publication in open access research, educational, academic, scientific and innovation materials, financed by public resources or which have used public infrastructure in their implementation, without prejudice to the provisions on patents, protection of intellectual or industrial property, national security and author, among others, as well as that information which, by reason of its nature or decision of the author, is confidential or reserved;
XIII. Issue general criteria, terms of reference, and assessment parameters to measure the impact, results, and benefits of assigned resources to the programmes of the agencies, deconcentrated administrative bodies and parastatal entities carrying out scientific and technological research, as well as the support granted for scientific and technological research;
XIV. Dictate, manage and evaluate the technical and scientific aspects related to the application of fiscal stimulus and other instruments of promotion of support for scientific research and technological development activities;
XV. Propose for approval to the Governing Board the creation, transformation, dissolution or extinction of public research centers based on criteria for development opportunities, linking to needs and priorities, and a system of quality assessment and institutional productivity; the opinion of the Scientific and Technological Advisory Forum should be provided;
XVI. Promote and support the formation and functioning of a National Network of Research Groups and Centers to define joint strategies and programs, articulating actions, enhancing human and financial resources, optimizing infrastructure, promoting exchanges and making efforts in areas relevant to national development, as well as defining the criteria and standards of institutional quality applied in the assessment processes for entry and stay on such a system;
XVII. Issue general guidelines and criteria for the operation, coordination and evaluation of information. Define policies, instruments and support measures for open access and access to scientific, technological and innovation information, as well as for the functioning of the National Repository;
XVIII. Promote and support the development of the National Network of Research Groups and Centers and the scientific and technological research projects of the universities and public institutions of higher education;
XIX. Formulate studies, programs and promote, jointly with the competent authorities, career plans oriented to offer incentives for the profession of researchers and technologists, strengthening and multiplying groups of researchers and encouraging the mobility of researchers among centers, creating new centers and institutions, including those oriented to the formation of high-level human resources and specialization in scientific and technological areas and create networks in strategic areas of knowledge proposals. Such career plans shall include catalogues of posts and salary tabulators for public research centres;
XX. Design, organize and operate support programs and a national system of incentives and incentives for the formation and consolidation of researchers and groups researchers in any of their branches and specialties, as well as promoting the establishment and dissemination of new prizes and stimuli;
XXI. porting resources to academic institutions, research centers, and, in general, to physical and moral people, public, social, and private, to the promotion and implementation of research and technological developments, in the light of specific programmes and projects, in the terms of this Law, of the Law of Science and Technology and, where appropriate, of the conventions which the CONACyT has with others contributing to the development of the European Union's financial resources. such institutions and institutions continue to manage and increase their own funds and assets;
XXII. To formulate and finance scholarship programs and in general to support the formation of human resources, in their various modalities, and to grant them directly, thus how to integrate the information of scholarship programs offered to graduate other national public institutions or international organizations and foreign governments, in order to optimize the resources in this field and establish efficient coordination, in the terms of the corresponding calls;
XXIII. Operate in collaboration with the federative entities, the Integrated Information System on Scientific and Technological Research and the National Registry Scientific and Technological Institutions and Companies, in accordance with the Law of Science and Technology, and publish the statistical information of such a system;
XXIV. Support agencies and entities of the Federal Public Administration in the technical and scientific aspects they require to support the formulation and to modify their regulatory frameworks and their functions of standardization and metrology, and to promote the technological certification of companies, as well as to promote and verify compliance with the provisions that establish commitments for the carrying out activities of scientific research and technological development, in coordination with the competent authorities;
XXV. Promote Mexican scientific publications and encourage the systematic dissemination of work done by both national researchers and foreigners residing in the country, using the most appropriate means to do so, as well as publishing annually relevant advances in national science and technology, their specific applications and programmes and activities transcendent of the public research centres;
XXVI. Research directly exclusively on the development and state of science and technology, for which you should:
A. Systematize and maintain up-to-date information on human, material and financial resources dedicated to scientific and technological research and technological development in the country;
B. Conduct prospective studies to identify national needs in science and technology, study the problems that affect it, and its relations with the general 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 System;
XXVII. Coordinate with the governments of the federative entities for the establishment, operation, integration, development and evaluation of both the councils local science and technology as well as state programmes in these areas;
XXVIII. As it relates to international science and technology issues:
A. Run international scientific and technological cooperation programs and projects, obtain information, and publicize scientific cooperation actions and technology agreed and developed by CONACyT or by agencies and entities that support the formulation and implementation of national science and technology policy, in coordination with the Secretariat of Foreign Affairs. Such activities shall observe the applicable legal provisions;
B. To issue to the Secretariat of Foreign Affairs for its legal opinion, international agreements and conventions that in the field of science and technology require the signing of CONACyT, as well as agreements with foreign institutions and international agencies for the fulfillment of its object, after having consulted the Secretariat of Foreign Affairs. Participate as provided in the applicable laws, in the international agencies or agencies of which Mexico is a party and which relate to the matter of its competence;
C. Promoting high-level human resource training and exchange of teachers, researchers, technicians and administrators, in coordination with dependencies, entities, academic institutions or companies, both domestic and foreign;
D. Concerting technical cooperation agreements that identify and select opportunities to establish positive flows of knowledge and technological resources towards national enterprises, under criteria of initial assimilation and subsequent innovation;
E. Murder, the Federal Executive and its agencies and entities, the definition of positions related to science and technology to be submitted by the Government of Mexico to the various international forums and agencies in coordination with the Secretariat of Foreign Affairs;
XXIX. Exercise the functions that according to the laws and other orders correspond to the coordinating agencies of the sector, with respect to the entities parastatals that the President of the Republic determines, in the terms of Articles 48, 49 and 50 of the Organic Law of the Federal Public Administration, and
XXX. Carry out the other activities inherent in the fulfilment of its object in the terms of this Law and the Law of Science and Technology.
CONACyT will support the operation of the General Council for Scientific Research and Technological Development and the Scientific and Technological Advisory Forum, which will be shall integrate and operate in accordance with the Law of Science and Technology.
CONACyT will have the following governing and administration bodies:
I. Governing Board, and
II. Director General.
The Federal Law of ParaState Entities will apply to CONACyT in what is not opposed to this Law.
The CONACyT Governing Board will be composed of thirteen members who will be:
I. A representative of the Secretariat of Finance and Public Credit;
II. A representative of the Secretariat of Economics;
III. A representative of the Secretariat of Public Education;
IV. A representative of the Secretariat of the Environment and Natural Resources;
V. A representative of the Energy Secretariat;
VI. A representative of the Secretariat of Agriculture, Livestock, Rural Development, Fisheries and Food, and
VII. A representative of the Health Secretariat.
The Secretary General of the National Association of Universities and Institutions of Higher Education will be invited to join the Governing Board, a member of the Scientific and Technological Advisory Forum, as well as two researchers in functions preferably from the two upper 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 shall have an alternate.
The sessions will be chaired by the President of the Republic of the Federal Executive Branch, who will have the greatest activity. scientific and technological and will have a quality vote in case of a tie.
The representatives who own the offices and entities of the Federal Public Administration must be the Subsecretaries or equivalent level, who have the responsibility for the functions of promoting scientific research and technological development in such agencies and entities. In the case of alternates, they must have the hierarchical level of Director General or equivalent. The sessions of the Governing Board may be invited with a voice but without a vote to public servants and to scientists or specialists who, by the nature of the matters to be dealt with, agree on the Governing Board itself.
CONACyT's Organic Statute will regulate the content of this article.
The Governing Board, in addition to the powers conferred on it by Article 58 of the Federal Law on ParaState Entities, will have the following:
I. Approve the constitution, modification or extinction of all the modalities of the CONACyT Funds referred to in the Law of Science and Technology and the criteria for the conclusion of conventions for the constitution, modification or extinction of Funds Sectoral, Mixed and International, as well as contracts, operating rules and programmes of the Institutional Funds;
II. Approve the CONACyT policies and programs on the proposal of the Director General, as well as authorize and issue the rules of operation of the substantive programs, or their modifications, without any need for any subsequent authorization. The information, transparency and evaluation of the rules of operation shall be governed by the provisions of the Budget of the Fiscal Year.
III. Approve the opinion of the Director General referred to in Article 2 (XIV) of this Law;
IV. Analyze and, if applicable, approve the rules of operation and internal regulations of the National System of Researchers that for this purpose the Director General;
V. Approve the distribution of CONACyT's final annual budget, the investment program and the spending schedule, in accordance with the total authorized budget;
VI. Approve, without requiring authorization from the Secretariat of Finance and Public Credit, the budgetary adjustments to the CONACyT programs, which do not involve the affectation of their total authorized amount, investment resources, projects funded by external credit, or compliance with committed goals and goals;
VII. Decide on the use and destination of self-generated resources and the application of surplus revenue, either within the entity's budget or by channeling these to the CONACyT;
VIII. Authorize the opening of financial investment accounts, which will always be in fixed income;
IX. To appoint, on a proposal from the Director General, the public servants of CONACyT who occupy positions in the two administrative hierarchies inferior to that of the one, and be informed of their removal;
X. Approve and modify the basic structure of the entity according to the total authorized amount of its personal services budget, as well as define the guidelines and norms to conform the occupational and salary structure, conversion of seats and repositions of positions and categories, in accordance with the general rules issued by the Secretariat of Finance and Public Credit;
XI. Approve, on a proposal from the Director General, the unconcentrated administration of functions, programs and resources;
XII. Approve the provisions and criteria to rationalize administrative expenditure and authorize the identified expenditures as expenditure subject to rationality criteria;
XIII. Approve the model of performance agreement and the subscription thereof by the Director General of CONACyT with the entities recognized as public research centers in the terms of the Law of Science and Technology;
XIV. Approve CONACyT's annual scientific and technological communication program, without requiring any other authorization;
XV. Analyze, and where appropriate, approve and issue the organic status and amendments proposed to it by the Director General, as well as establish the permanent or temporary internal organs which it considers appropriate for the purpose of CONACyT;
XVI. Establish external evaluation procedures that enable you to know the scheduled and effectively achieved substantive results, as well as the impact of CONACyT; programs
XVII. Appoint, on a proposal from the Director-General, the Secretary and Prosesecretary of this Board, who will have the powers to be established in the organic statute, and
XVIII. The others that apply to you.
The Governing Board shall hold regular sessions at least four times a year and the extraordinary sessions proposed by the Director General or at least six of its members through the Secretary of the governing body.
The Governing Board will be validly biased with the assistance of at least half of its members and whenever the majority of the attendees are representatives. of the Federal Public Administration. Resolutions shall be taken by a majority of the votes of the members present.
The Director General will be freely appointed and removed by the President of the Republic of whom he will directly depend and the appointment will be on the person who meets the following requirements:
I. Being a Mexican citizen in full exercise of your rights;
II. Have held high level decision-making positions, the exercise of which requires knowledge and experience in administrative matters, and in scientific or technological areas, and
III. Not to be in any of the impediments referred to in Article 21 of the Federal Law of ParaState Entities.
The Director General in his capacity as Executive Secretary of the General Council of Scientific Research and Technological Development referred to in the Law of Science and Technology, shall exercise the functions of its competence by agreement of the President of the Republic and shall attend the meetings referred to in Article 7 of the Organic Law of the Federal Public Administration. The Director-General of CONACyT shall also perform the functions referred to in Article 2 (XXVII) of this Law.
The Director General of CONACyT, in addition to the powers and obligations conferred on him by Article 59 of the Federal Law on ParaState Entities, and the Federal Law of Administrative Procedure, you will have the following powers of legal representation:
I. Celebrate and grant all kinds of acts and documents with respect to the object of CONACyT;
II. Exercise powers of domain, administration, litigation and collection, even those that require special clause. In the case of any domain acts the prior authorisation of the Governing Board shall be required;
III. Grant, replace, and revoke general and special powers with the powers of the authority, including those requiring authorization or special clause. The Director General shall designate the person (s) to serve as CONACyT customs agents, who shall comply with the requirements laid down in the applicable legislation. The designated public servants may also serve as customs agents of the public research centres, subject to the granting of the respective mandates;
IV. Formulate complaints and complaints and propose to the Governing Board the legal pardon, where appropriate, as well as to appear on its own initiative, as well as the Directors Adjunto, to absolve positions in terms of the procedural law that corresponds;
V. Exercise and desist from legal proceedings, including in matters of protection;
VI. Celebrate transactions in judicial matters and commit matters in arbitration;
VII. To formulate, in respect of the matters of its competence, the draft laws, regulations, decrees, agreements and orders of the President of the Republic;
VIII. Run the agreements of the Governing Board and the General Council referred to in the Science and Technology Act;
IX. Present to the Governing Board for approval, the rules of operation and internal regulations of the National System of Researchers, which will establish their objectives, functions and organizational form;
X. Present to the Governing Board the projects of programs, reports and financial statements of CONACyT and those that specifically request it;
XI. Exercise the CONACyT budget subject to applicable laws, regulations and administrative provisions;
XII. Subscribe and negotiate credit titles, as well as process and obtain letters of credit, subject to authorization from the Governing Board;
XIII. Prepare and submit for approval by the Governing Board, the Organic Statute, the rules of operation and the internal rules of the substantive programs, as well as their modifications and the issuing of the organization manuals, CONACyT; procedures and services
XIV. Set the general working conditions of CONACyT;
XV. Provide the information requested by the public commissars;
XVI. Report to the Governing Board on the exercise of the powers that this article grants to it, and
XVII. Those that confer upon him the applicable ordinances, and the others that are based on this Law, delegate to him the Governing Board.
The Director General of CONACyT will serve as Executive Secretary of the General Council for Scientific Research and Technological Development, referred to in the Law of Science and Technology.
The Scientific and Technological Advisory Forum will serve as an internal organ of support and institutional advisory, which will have the following functions to assist the Board Government and the Director General:
I. Support the activities of CONACyT and formulate suggestions for their best performance;
II. Contribute to the procurement of resources that promote compliance with the CONACyT; objectives
III. Advise the Director-General on matters of a scientific and technical nature to be considered;
IV. Propose to the Director General the adoption of measures of general order aimed at the improvement of the instruments of promotion by CONACYT;
V. To formulate opinions and proposals for the best implementation, corresponding to CONACyT, regarding national policies and resolutions of the General Council, and
VI. The other functions entrusted to you by the CONACyT Organic Statute.
CONACyT heritage will be integrated with:
I. The movable and immovable property assigned to it by the Federal Executive, and those acquired by any legal title, and
II. With the transfers, the grants, participations, donations and legacies that it receives and, in general, with the income it obtains, for consultations, opinions, royalties, recoveries, intellectual property rights or any other service or the concept of its object.
The CONACyT shall administer and freely dispose of its patrimony in the performance of its object, without prejudice to the legal provisions applicable to the bodies decentralized.
The channeling of resources by the National Council of Science and Technology for programs, projects, studies, specific research, grant of scholarships in its different modalities and any other support or assistance of an economic nature which it agrees or provides, shall be subject to the conclusion of a contract or agreement and, where appropriate, to the following conditions:
I. CONACyT shall monitor the proper implementation and appropriate use of the funds it provides or input, in terms of the contracts or agreements themselves;
II. The beneficiaries or counterparts of the contracts or agreements shall give to CONACyT the periodic reports to be established on the development and outcome of the work, and
III. Intellectual property rights in respect of the results obtained by natural or moral persons receiving assistance from CONACyT shall be the subject of specific regulation in contracts which shall be concluded for the purposes of the contract. rules and percentages for the participation of royalties that correspond to the parties, in which the interests of the country, those of CONACyT, the investigators and, if any, of other contributors will be protected and promoted.
Contracts or agreements concluded with natural persons to support their high level or post-graduate training in higher education or research institutions; public or private, which are located in the country or abroad, will not be able to be subject to requirements that oblige or condition to guarantee the payment of the economic amount to be exercised.
CONACyT workers will continue to be incorporated into the Law of the Law of the Institute of Social Security and Services of State Workers.
The CONACyT shall have a surveillance authority composed of a public commissar owner and an alternate, appointed by the Secretariat of the Civil Service, and shall have the powers granted to them by the Federal Law on ParaState Entities and other applicable legal provisions.
The CONACyT has an Internal Comptroller, an internal control body, at the head of which the Internal Controller appointed under the terms of Article 37 of the The Organic Law of the Federal Public Administration, in the exercise of its powers shall be assisted by the owners of the areas of audit, complaints and responsibilities designated in the same terms.
The public servants referred to in the preceding paragraph, within the scope of their respective powers, exercise the powers provided for in the Organic Law of the Federal Public Administration, Federal Law of ParaState Entities, Federal Law of Administrative Responsibilities of Public Servants and other applicable legal and administrative orders.
The absences of the Internal Controller, as well as those of the holders of the areas of responsibility, audit and complaints will be met in accordance with the provisions of the Internal Rules of Procedure of the Secretariat of the Civil Service.
This Act will take effect the day after your publication in the Official Journal of the Federation.
The Law created by the National Council of Science and Technology, published in the Official Journal of the Federation on December 29, 1970, is repealed.
The Secretariat of Finance and Public Credit will make the necessary adjustments for the treatment of CONACyT's budget, as a non-sectorized entity, as well as for CONACyT to carry out the functions which, according to the laws and other orders, correspond to the sector coordinating units, in respect of the parastatal entities that are part of the subsector called the SEP-CONACyT System, in System of Public Centers CONACyT, in the terms of the Articles 48, 49 and 50 of the Organic Law of the Federal Public Administration.
The Governing Board shall issue the CONACyT Organic Statute within sixty days from the entry into force of this Law, in which they shall be specify the decisions and authorizations that the Board itself will have to adopt with respect to the privileges that the Federal Law of the ParaState Entities, the Law of the Budget, Accounting and Public Expenditure Federal, the General Law of Debt Public, the Evidential Decree of the Federation's Budget of Eglings, the In the field of procurement, leases and services of the public sector, and all other legal and regulatory systems and of an administrative nature, they confer on the coordinating agencies of the sector in relation to the operation and operation of CONACyT itself, as well as those which will be exercised by the Director-General and the administrative units of the decentralised public body itself.
As long as the Organic Statute is issued, the CONACyT Governing Board may decide in case of doubt on the origin of the same collegiate body either resolve the function or the Director General makes representations directly to the Secretariat of Finance and Public Credit or any other dependency that is competent for the matter in question.
The issuance of this Law does not affect the labor rights acquired by the agency's workers.
The deadline for submitting the rules of operation and internal regulations referred to in Article 9, part IX of this Law, will be six months. As long as these internal rules of operation and regulation enter into force, the current orders will continue to apply.
Mexico, D.F., at 30 April 2002.-Dip. Beatriz Elena Paredes Rangel, President.-Sen. Diego Fernandez de Cevallos Ramos, President.-Dip. Adrian Rivera Perez, Secretary.-Sen. Yolanda González Hernández, Secretary.-Rubicas".
In compliance with the provisions of Article 89 of the Political Constitution of the United Mexican States, and for their due publication and observance, I ask for this Decree at the Federal Executive Branch, in Mexico City, Mexico City, three days in the month of June, two thousand two.- Vicente Fox Quesada.-Heading.-The Secretary of the Interior, Santiago Creel Miranda.-Heading.