SECRETARY OF FINANCE AND PUBLIC CREDIT
DECREE issued by the Law to Promote the Sustained Increase in Productivity and Competitiveness of the National Economy, and an article 21 Bis is added to the Law of Planning.
On the sidelines a seal with the National Shield, which reads: United Mexican States.-Presidency of the Republic.
ENRIQUE PEÑA NIETO, President of the United Mexican States, to its inhabitants known:
That the Honorable Congress of the Union, has served to address the following
ARTICLE FIRST.- The Law is issued to Promote the Sustained Increase in Productivity and Competitiveness of the National Economy.
LAW TO BOOST THE SUSTAINED INCREASE IN PRODUCTIVITY AND THE COMPETITIVENESS OF THE NATIONAL ECONOMY
Article 1.- This Law is of public order and is intended to regulate the provisions of Articles 25 and 26, Section A, of the Political Constitution of the United Mexican States, for the permanent promotion of competitiveness, the continuous increase in productivity, and the implementation of a national policy of economic promotion that promotes industrial development including sectoral and regional aspects.
Article 2.- The Federal Executive will implement the elements referred to in the previous article through the formulation and implementation of a national economic promotion policy, in coordination with the private and social sectors, as well as in coordination with the federal authorities, with the participation that corresponds to their municipalities and territorial demarcations of the Federal District and, where appropriate, with the autonomous bodies, in the scope of their respective competences.
Article 3.- These are specific objectives of this Law:
I. Implement a national policy of economic promotion aimed at promoting the sustained increase in productivity and competitiveness; enhancing investment; promoting changes in the country's productive structure towards sectors economic productivity and competitiveness; strengthening productive chains, as well as increasing technological and value added content in the national economy, economic development and formal employment;
II. To promote the participation and coordination of actions between the public, social and private sectors, through the National Productivity Committee and other institutional mechanisms, which will serve the sustained increase in productivity and competitiveness as guidelines capable of enhancing high, sustained and sustainable economic development with short, medium and long term vision;
III. Articulating and coordinating with a transversal, sectoral and regional perspective, the design and implementation of policies, programs and projects aimed at promoting the sustained increase in productivity and the competitiveness of the national economy, by public, social and private sectors;
IV. To boost the overall productivity growth of factors in the national economy, as well as specific sectors and regions;
V. Promote the creation of formal jobs and a greater flow of capital and financing to projects and activities with potential for high productive growth;
VI. Promote public, private and social investment in infrastructure, human capital, job training, training of entrepreneurs and workers, and the establishment of mechanisms to foster labor productivity; boosting entrepreneurship and the production and technological scaling of enterprises; research and development, as well as applied innovation;
VII. Promote the integration of productive chains of greater value added, in particular of MSMEs with large companies, both domestic and foreign, installed in national territory, through the formal and operational establishment of productive cores as well as business conglomerates;
VIII. Promote, support and encourage the large export companies to transfer their suppliers to companies installed in national territory, encouraging the suppliers to be MSMEs organized in production chains, in order to achieve greater integration and greater national value added in export goods and services;
IX. To promote the development of large state-owned enterprises and the entities of the Federal Public Administration to increase their supply to domestic companies, especially MSMEs, without prejudice to the provisions of international treaties of which the Mexican State is a party;
X. Strengthening the internal market;
XI. Drive the generation of a business environment conducive to the creation, operation and growth of a productive and competitive private sector in the business sector;
XII. To promote the sustained increase in productivity and competitiveness as a guiding axis in the design and implementation of policies, programs and projects in charge of the Federal Public Administration;
XIII. Assess and follow up on the evolution of productivity growth and competitiveness at sectoral, regional and national levels, and
XIV. Establish institutional and coordination mechanisms, to agree on commitments and performance indicators, by the agencies and entities, autonomous bodies, and federal entities, with the participation that corresponds to their municipalities and territorial demarcations of the Federal District, and representatives of entrepreneurs, workers and educational and research institutions in which research is carried out on the productive plant, with the aim of materialize and meet the objectives, strategies, goals and actions to be adopted within the framework of the National Productivity Committee.
Article 4.- For the purposes of this Act, it is understood by:
I. State Productivity Commissions: Those set in accordance with the article 153-Q of the Federal Labor Law;
II. Committee: The National Productivity Committee, provided for in Article 153-K of the Federal Labor Law;
III. Competitiveness: The set of conditions needed to generate greater economic growth, promoting investment and job creation, which will be primarily supported by the sustained increase in productivity total factors;
IV. Dependencies: The Secretaries of State, including their respective de-concentrated administrative bodies, the Legal Department of the Federal Executive, and the coordinated regulatory bodies in the field of energy;
V. Entrepreneurs: Women and men with business concerns, in the process of creating, developing or consolidating a micro, small or medium enterprise from an entrepreneurial or innovative idea, promoting new skills technological and organizational;
VI. Entities: The decentralized agencies, majority state participation companies and public trusts that in accordance with the Organic Law of the Federal Public Administration are considered to be parastatal entities;
VII. Large companies: Companies with the potential to detonate production and employment, both directly and through the integration of value chains into national territory, the outsourcing and the purchase of inputs from other companies, in particular MSMEs;
VIII. MSMEs: The micro, small and medium enterprises referred to in Article 3, fraction III of the Law for the Development of the Competitiveness of Micro, Small and Medium Enterprises, as well as other applicable provisions;
IX. Productive Core: Group of companies located in the same geographical area and related from the interconnection of production processes, their organization, technology and applied innovation;
X. Autonomous Organs: The Mexican State's organs to which the U.S. Constitution, Mexico, is endowed with autonomy;
XI. Regional policies: Those that aim to address the particular problems of a region in terms of productivity and competitiveness, as well as to promote a high growth and sustainable economic development, which reduce inequalities between the different regions of the country;
XII. Sectoral policies: Those aimed at promoting the high economic development of specific sectors of the national economy;
XIII. Cross-sectional policies: Those that are oriented to generate greater economic development in two or more sectors or regions of the national economy;
XIV. Total Productivity or Productivity of Factors: The relationship between the amount of goods and services produced and the amount of inputs used, including work, capital and natural resources, in such a way as to productivity is obtained a greater quantity of production for the same level of inputs, and
XV. Secretariat: The Secretariat of Finance and Public Credit.
OF THE NATIONAL ECONOMIC PROMOTION POLICY
Article 5.- The State is responsible for the rectory of national development, and the elaboration and conduct of the national economic development policy in accordance with the provisions of Article 25 of the Political Constitution of the United Mexican States and in accordance with the objectives of this Law.
The national economic promotion policy will have a Special Program for Productivity and Competitiveness, which will be developed in terms of the provisions of this Law, the Law of Planning, the National Development Plan and other applicable provisions.
The elaboration of the Special Program for Productivity and Competitiveness will be the responsibility of the Secretariat, with the participation of the Secretariat of Economy and with the opinion of the National Committee of Productivity.
Article 6.- The national economic promotion policy provided for in the Special Program for Productivity and Competitiveness will be mandatory for the agencies and agencies in the scope of their respective competences.
Article 7.- For the purposes of the elaboration, implementation and evaluation of your programs and the preliminary draft annual budget, as well as your operating rules, the agencies and agencies will have to to take into consideration, in addition to the programs derived from the National Development Plan, as appropriate, the national policy of economic promotion envisaged in the Special Program for Productivity and Competitiveness, in terms of the applicable provisions.
Article 8.- The national economic promotion policy and the Special Program for Productivity and Competitiveness should consider at least the following aspects:
I. Cross-sectional policies, which promote inter alia the following objectives:
a) Driving innovation in the productive plant of the national economy, training of entrepreneurs and workers and the establishment of mechanisms to boost the total productivity of the factors, in accordance with international standards in terms of productivity and economic competitiveness;
b) Promoting the productive activities of entrepreneurs and MSMEs to raise their contribution to economic growth national;
c) Canalize financing to programs and investment projects that increase productivity and competitiveness, with the participation of development banking institutions;
d) Strengthen communications and transport infrastructure, and logistics connectivity throughout the national territory, and
e) Reducing administrative and regulatory burdens that inhibit the development of productive activities, as well as the environment business;
II. Policies of a sectoral nature, which encourage, inter alia, the following objectives:
a) Encourage the efficient reallocation of production factors of the national economy to sectors and activities of high, dynamic and intensive productivity in knowledge and technology, as well as being able to achieve high levels of competitiveness in national and international markets;
b) Promoting the formation of value chains formed by large companies and MSMEs, in order to increase capacity technological and organizational of these to be providers of those;
c) Promoting sustained and sustainable growth of the national economy at annual rates capable of absorbing the employment demanded and increase the income of the population in a significant way, in order to democratize productivity in the short, medium and long term;
d) Promote the productive transformation of sectors of high employment and low productivity;
e) Strengthening applied innovation in the field of technological and organizational capacity at the sectoral level, through the joint ventures between companies, as well as between them and the country's educational and research institutions, and
f) Boosting the capabilities of the manufacturing sector and other productive sectors;
III. Policies of a regional nature which will, inter alia, promote the following objectives:
a) Conforming productive nuclei, considering the competitive advantages that exist in each region or that can be created;
b) Consolidate synergies and value chains between MSMEs, organized in productive nuclei or between them and large enterprises, to steadily increase their productivity and economic competitiveness;
c) Develop those regions that are in a significant state of lag, by generating productive nuclei, with the aim of enhancing their productivity, competitiveness, economic development and employment, in order to reduce regional inequality in these aspects;
d) Identify strategic economic regions, depending on their natural vocations, as well as their potential benefits competitive dynamics and their potential vocations, for which the sectors to be developed, regional development poles, large enterprises, existing and potential, and their requirements, and their requirements, and
e) To promote applied innovation in the field of technological and organizational capacity at regional level, through the joint of companies, entrepreneurs, workers and educational and research institutions of the country;
IV. The implementation of the policies referred to by fractions I, II and III of this article, in terms of short, medium and long term horizons;
V. Specific implementing instruments, such as investment in physical infrastructure, creation of human competences, research and development, innovation and digital infrastructure; procurement and public works; development of suppliers; Risk capital and seed capital with the impetus of development banking institutions; training, training, advisory and technical assistance; regulatory improvement, and the others to be established in this Law and the policies that stem from the national economic promotion policy, and
VI. Performance indicators, with their respective goals to be achieved in the program period, that allow the evaluation of the results obtained by the implementation of the policies mentioned in the previous fractions.
OF THE NATIONAL PRODUCTIVITY COMMITTEE
Article 9.- The National Productivity Committee will function as an advisory and auxiliary organ of the Federal Executive and the productive plant, for the negotiation of agreements, formulation and monitoring of the national policy of economic promotion and the Special Programme for Productivity and Competitiveness.
Article 10.- The private and social sectors, including workers and educational and research institutions in which research is carried out on the productive plant, will be to the formulation and implementation of the national policy of economic development, as well as the Special Program for Productivity and Competitiveness, through the National Productivity Committee and in terms of the provisions of this Law.
Article 11.- In addition to the privileges conferred upon it by the Federal Labor Law, the National Productivity Committee will have the following:
I. Analyze and agree on visions, objectives, strategies, decisions and actions of its members regarding the sustained increase in productivity and competitiveness; as well as the sustainable and sustainable economic development of the country and the generation of short, medium and long term employment, with the aim of democratizing productivity and reducing social, sectoral and regional inequalities;
II. Propose and agree on objectives, strategies, goals, commitments, actions and performance indicators to increase the productivity and competitiveness of the country, in particular, of the selected sectors and economic regions;
III. Analyze, when appropriate or at the request of the Federal Executive, policies, programs, operating rules, projects and regulatory changes, to effectively stimulate sustained increase in the productivity and competitiveness, as well as the sustainable industrial development of the national economy, of a specific economic sector, or of a particular region of the country, and to issue the recommendations it considers relevant;
IV. Review the Special Program for Productivity and Competitiveness, prior to its approval;
V. Identify economic sectors and regions specific to the national territory that, in their consideration, should be given priority in the formulation and implementation of policies, programs, projects and regulatory changes to enhance their development in the area of sustained increase in productivity and competitiveness;
VI. Propose mechanisms for the coordination of actions and efforts of the public, private and social sectors regarding information, investments, production, and other factors that promote the structural change of the national economy;
VII. Propose coordination schemes and sign agreements with the agencies and entities; federal entities, with the participation that corresponds to their municipalities and territorial demarcations of the Federal District; autonomous bodies, and the State Productivity Commissions, with respect to the design, implementation and evaluation of policies, programs, operating rules, projects and regulatory changes necessary to enhance the productivity and competitiveness of the national economy or of a specific sector or region;
VIII. To propose to the agencies and entities mechanisms of collaboration to achieve an effective articulation between them and the Federal Executive with the public, social and private sectors, for the purpose of the study, discussion, proposals and guidelines in the formulation of policies, programmes, rules of operation, projects and regulation aimed at boosting the productivity and competitiveness of the national economy or of a specific sector or region;
IX. Boost collaboration and technology partnership between companies, university centres and technological innovation, particularly in the selected sectors and economic regions;
X. To guide policies aimed at increasing productivity and competitiveness; the creation and development of productive nuclei of MSMEs, as well as their productive chain with large companies; national and national purchasing; increasing the national value added in exports; transit to a knowledge-based economy, and the creation and strengthening of sectoral and regional innovation systems;
XI. Propose mechanisms for the monitoring and evaluation of recommendations, agreements and matrices of commitments with performance indicators in terms of Article 17 of this Law;
XII. Establish sub-committees responsible for the analysis, discussion and development of recommendations and other actions required to address specific areas of competence identified as priorities, as well as subcommittees responsible for design, development and implementation of sectoral and regional policies;
XIII. Establish the agreements and matrices of commitments with actions and performance indicators referred to in Article 17 of this Law;
XIV. To promote a close and constant relationship between higher and higher middle education institutions and the productive plant in their region or specific sectors;
XV. Approve your operating guidelines, as well as your work programs;
XVI. Promote the certification of workers ' skills, and
XVII. Any other that confers on it the applicable legal provisions.
Article 12.- The National Productivity Committee shall be integrated, at least, by the following persons:
I. The Head of the Federal Executive, as honorary president;
II. The Secretary of Finance and Public Credit, who will preside over it;
III. The Secretary of the Economy;
IV. The Secretary of Public Education;
V. The Secretary of Labour and Social Welfare;
VI. The Director General of the National Council for Science and Technology;
VII. Representatives of business organizations;
VIII. Representatives of trade union organisations of workers, and
IX. Representatives of academic and training institutions for the work.
The holder of the Federal Executive shall establish the basis for determining the form of designation of the members of the Committee referred to in fractions VII to IX, subject to the principles of representativeness and inclusion in their integration.
The full members may appoint their respective alternates. In the case of fractions I to VI, the alternate shall have an immediate hierarchical level lower than that of the holder.
Members ' participation in the Committee will be honorary.
Article 13.- The Committee shall hold, in an ordinary manner, at least four times a year, and in an extraordinary manner, as many times as is necessary at the request of its President.
The Committee will be validly biased with the assistance of the majority of its members and in its functioning the consensus will be privileged, in the absence of the same the agreements will be taken by majority of votes of the members present, having their President vote of quality in case of a tie.
As not provided for in this Law, the organization and functioning of the Committee shall be regulated as established by the Federal Executive.
OF THE NATIONAL PRODUCTIVITY COMMITTEE ' S CONCERTATION, COORDINATION AND RECOMMENDATIONS
Article 14.- The Committee, through consultation and coordination among its members, will issue recommendations in terms of this Law, the which should contribute to achieving the objectives of the national policy of economic promotion provided for therein.
The recommendations can be addressed to:
I. The dependencies and entities, in accordance with their duties and functions provided for in the Organic Law of the Federal Public Administration and the applicable laws, and in the terms of this Law;
II. The autonomous bodies, as provided for in the coordination agreements to be signed for this purpose, in accordance with Article 11, section VII of this Law;
III. The governments of the federal entities, the municipalities and territorial demarcations of the Federal District, as well as the State Productivity Commissions, as provided for in the coordination agreements to be signed for such effect, in accordance with Article 11, fraction VII of this Law, and
IV. The members of the social and private sectors.
Article 15.- Recommendations addressed to dependencies and entities will only be binding in the following cases:
I. In the case of programmes and actions in the field of national economic development policy referred to in Article 8, fractions I, II and III;
II. The Committee has considered the aspects referred to in Article 16, fractions I, II and IV of this Law, with the opinion of the dependency or entity concerned, and
III. The recommendation has been issued with the favourable vote of at least two of the members referred to in Article 12, fractions II to VI of this Act.
The recommendations referred to in this article may not in any case have the subject of matters related to income and expenditure of the State, nor foreign trade.
Article 16.- In the case of recommendations other than those of the previous article that are addressed to the agencies and entities, they shall respond to the Committee about its relevance within a period of time. not greater than sixty calendar days.
For the purposes of the above, the response of competent agencies and agencies shall at least address the following:
I. The existence of policies, programs, or actions that address the problem described;
II. Technical, administrative, budgetary and legal feasibility to implement the issued recommendations;
III. Acceptance or refusal in respect of the recommendation issued by the Committee, and
IV. Where appropriate, the form and deadlines for implementation of the recommendation.
Article 17.- When the subjects referred to in the second paragraph of Article 14 of this Law accept the recommendations issued by the Committee, they shall subscribe to the Committee through the of its President referred to in Article 12 (II) of this order, the monitoring conventions, which shall include matrices of commitments which indicate the actions to be carried out and performance indicators.
The recommendations referred to in Article 15 of this Law shall include the matrices of commitments and the performance indicators referred to in the preceding paragraph.
Failure to comply with the actions foreseen in the matrices of commitments will be sanctioned, as appropriate, in terms of the Federal Administrative Responsibilities Act. Public or with the withdrawal to the private or social sectors of the specific implementing instruments referred to in Article 8 (V) of this Law.
OF TRACKING AND EVALUATION
Article 18.- The Federal Executive, through the Secretariat, will monitor and evaluate the annual progress of the indicators in terms of: total factor productivity; labor productivity; informality; increase of the national value added in exports; as well as those determining the Committee.
The Economy Secretariat will identify and communicate to the Committee the main factors that inhibit competitiveness, in order to guide the corresponding policy proposals, which will consider the analysis of national and international indicators.
In order to analyze the impact of government actions on the country's performance in national and international competitiveness indicators, the Economy Ministry will contribute to the monitoring of the strategies, action lines and indicators of the programmes derived from the National Development Plan linked to competitiveness.
The Secretaries of Labor and Social Security and Social Security will be in charge, in terms of the provisions of Articles 153-A to 153-X of the Federal Labor Law, the follow-up of training programmes for workers and entrepreneurs, the training of skills and the establishment of mechanisms to promote productivity.
The Secretariat of Public Education will be responsible for the monitoring of programs related to the strengthening of applied innovation, through joint ventures between companies. and the country's educational and research institutions, as well as, in coordination with the National Council of Science and Technology, of programs related to innovation and technology.
Article 19.- The report on the implementation of the National Development Plan referred to in the Law on Planning, will have to look at the progress of the national development policy. Planned economic activity in the Special Programme for Productivity and Competitiveness.
The Secretariat shall also send to the Congress of the Union half-yearly reports on the progress and results of the actions of the national policy of economic promotion and of the Program Special for Productivity and Competitiveness, no later than the thirty calendar days finished the corresponding semester. For the purposes of the above, the agencies and entities shall forward the necessary information to the Secretariat, in the terms and time limits set out in it.
Article 20.- In accordance with the budgetary provisions governing the registration of investment programmes and projects in the portfolio referred to in Article 34, III, of the Federal Law of Budget and Accountability, the agencies and entities shall identify, where appropriate, the linkage of the programs and investment projects under their responsibility to the Special Program for the Productivity and Competitiveness, in order to boost those that increase productivity and competitiveness, particularly in regions with greater economic lags.
The Secretariat will identify annually those budgetary programmes linked to the objectives of the national economic development policy provided for in the Special Programme for the Productivity and Competitiveness. The institutions and entities shall take into account these objectives for the design of performance indicators of the identified budget programmes and, where appropriate, of their operating rules.
The Secretariat, in coordination with the agencies and entities, will analyze the complementarity or duplicity that could exist between the budgetary programs identified according to the previous paragraph, in order to carry out the actions that, if necessary, are necessary to achieve the objectives of the national policy of economic promotion and the Special Program for Productivity and Competitiveness.
Article 21.- The interpretation of this Law for administrative purposes corresponds to the Secretariat, without prejudice to the privileges that correspond to other dependencies.
ARTICLE SECOND.- An article 21 Bis is added to the Planning Act, to remain as follows:
Article 21 Bis.- The National Development Plan will consider a long-term vision of the national economic development policy, in order to promote as permanent elements of the national development and high, sustained and sustainable economic growth, the permanent promotion of the continuous increase of productivity and competitiveness, and the implementation of a national policy of economic promotion, including sectoral and regional aspects.
To this end, the Federal Executive will include, as part of the Plan, long-term considerations, with a horizon of up to twenty years, with respect to the national economic promotion policy. to which this refers.
The national policy of long-term economic development may be adjusted during the process of issuing the National Development Plan for the corresponding period of government; maintaining at all times the horizon of up to twenty years for the national policy of economic promotion.
The programs derived from the National Development Plan should be consistent, as appropriate, with the horizon of twenty years and the Law to Boost the Sustained Increase The Productivity and Competitiveness of the National Economy.
First.- This Decree shall enter into force on the day following its publication in the Official Journal of the Federation.
Second.- During the present Administration of the Federal Executive, the national policy of economic promotion will be implemented through the Program to Democratize Productivity 2013-2018, approved by Decree published in the Official Journal of the Federation on 30 August 2013, without prejudice to the fact that, if necessary, it may be modified in terms of the Law of Planning, after the opinion of the National Committee of Productivity.
Third.- The National Productivity Committee will continue to operate in accordance with the provisions of the Decree establishing the National Productivity Committee, published in the Official Journal of the Federation on May 17, 2013, as long as it is not reformed, except in what this instrument opposes to the Law to Promote the Sustained Increase of Productivity and Competitiveness of the National Economy.
The designations of the members of the National Productivity Committee that have been made in accordance with the aforementioned Decree shall be maintained in their terms.
Fourth.- Within a period of sixty calendar days after the entry into force of this Decree, the National Productivity Committee shall, if necessary, make the adjustments corresponding to its operating guidelines, in order to comply with the provisions laid down in the Law to Promote the Sustained Increase in Productivity and Competitiveness of the National Economy.
Fifth.- The Secretariat shall send to the Congress of the Union the first of the half-yearly reports referred to in the second paragraph of Article 19 of the Law to Promote the Sustained Increase in Productivity and Competitiveness of the Economy National, no later than 60 calendar days after the end of the first semester after the entry into force of this Decree.
The Secretariat shall have a period of six months from the entry into force of this Decree, in order to comply with the provisions of Article 18, first paragraph of the Law for To promote the sustained increase in productivity and the competitiveness of the national economy.
Sixth.- The fees that are generated by the entry into force of this Decree must be covered by the approved budget to the agencies and entities of the Federal Public Administration in the Federation's Government Budget. for the appropriate fiscal year.
Seventh.- All legal provisions that object to the provisions of this Decree are repealed.
Mexico, D. F., as at 19 March 2015.-Dip. Julio Cesar Moreno Rivera, President.-Sen. Miguel Barbosa Huerta, President.-Dip. Javier Orozco Gomez, Secretary.-Sen. Lucero Saldana Perez, Secretary.-Rubicas."
In compliance with the provisions of Article 89 of the Political Constitution of the United Mexican States, and for its proper publication and observance, I hereby express my request for the Decree at the Federal Executive Branch, in Mexico City, Federal District, on May 6, two thousand fifteen.- Enrique Peña Nieto.-Heading.-The Secretary of the Interior, Miguel Angel Osorio Chong.-Heading.