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Resolution Of 9 May 2011, Of The Secretary Of State For The Civil Service, Which Approves The Model Printed On The Application For Admission To Selective Tests In Public Administration And Liquidation Of The Rights Fee...

Original Language Title: Resolución de 9 de mayo de 2011, de la Secretaría de Estado para la Función Pública, por la que se aprueba el modelo de impreso sobre solicitud de admisión a pruebas selectivas en la Administración Pública y liquidación de la tasa de derechos ...

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Articles 18.1 and 31.1 of Royal Decree 364/1995 of 10 March, approving the General Staff Regulations for the Service of the State Administration and the Provision of Jobs and Promotion Professional of the Civil Servants of the General Administration of the State, establish, for the income in Bodies or Escalations of officials and for the selection of labor personnel, respectively, that the application submitted by the applicants must conform to the official model approved by the Secretariat of State for the Civil Service.

Moreover, Article 18 of Law 66/1997 of 30 December 1997 on Tax, Administrative and Social Order measures regulates as a fee the examination rights which are paid as a result of the participation as applicants for selective access or promotion testing to the Corps or Escalations of officials or to the categories of work staff convened by the State Public Administration, producing the accrual of that fee at the time of the application Registration in the above mentioned selective tests.

According to the above provisions, and following the Order of the Ministry of Economy and Finance of 4 June 1998, which regulates certain aspects of the collection of fees which constitute rights of the Public Finance, this Secretariat of State issued Resolutions of 7 October 1998 and 9 January 2002, approving the model of the form of an application for admission to selective testing in the Public Administration and the liquidation of the the rate of examination rights and additional instructions were given on their application.

In recent years, the General Administration of the State has included among its objectives the reduction of the administrative burdens that citizens support, through actions aimed at the use of telematic means, as well as the elimination of requests for documentation in the hands of the Administration or the simplification of administrative forms, all in order to facilitate relations with the citizens and to reduce the processing times of the files.

In this context, the modification of this form of print is intended to obtain the consent of the interested parties to allow the managers of the elective process to access the databases of the Administration that contain data showing compliance with age, nationality or qualifications required by Article 56 of Law 7/2007 of 12 April of the Basic Staff Regulations.

In this sense, and according to the provisions of the Additional Disposition second of Law 2/2011, of 4 March, of Sustainable Economy, it is expressly stated the possibility of accessing the information contained in the Register National of Official University graduates and the National Register of academic and non-university professional titles, managed by the Ministry of Education.

Likewise, the consent of the data subject was recused to access the Identity Data Verification System, thus allowing to verify compliance with the age or nationality requirement, effectively eliminating the the contribution of photocopies of identity documents already provided for in Royal Decree 522/2006 of 28 April 2006.

In addition, the need for a responsible statement to the effect that they have not been separated from the service or judicially disabled for the performance of public jobs is eliminated in the intended terms. In Article 56.1 (d) of Law 7/2007 of 12 April 2007, which regulates the Basic Staff Regulations, when they are included in the amended form itself.

Finally, it is easy to obtain and distribute it by making the form available through the Internet and, if necessary, the telematic presentation of the application and the payment of the fee associated with it.

Consequently, this Secretariat of State for the Civil Service, prior to the favorable report of the State Administration of Tax Administration and the Superior Commission of Personnel, has resolved:

First. -Approve the model form, which appears as an annex to this Resolution, which is adjusted to model 790, approved by the Order of the Ministry of Economy and Finance of 4 June 1998, as amended by the Order of Ministry of Finance of 11 December 2001. This form of form shall be used for any request to participate in the selective entrance tests (whether the system of free access or the internal promotion system) of civil servants and employees who are to be referred to in the Administration State Public as of the entry into force of this Resolution, which will occur the day after its publication in the Official State Gazette.

Second.-The form of the printed form that is approved will apply to the selective tests concerning the selection of the personnel included in the scope of Law 7/2007, of April 12, of the Basic Staff Regulations Public. Given the extra character of this rule in respect of all staff at the service of the State (Article 2.5 of the same rule), it may be used in relation to the selective testing of those personnel who, not included in the application, are not has a form of form adjusted as set out in the Order of the Ministry of Economy and Finance of 4 June 1998, as amended by the Order of the Ministry of Finance of 11 December 2001. Income documents adjusted for models 790 (State fees) or 791 (autonomous rate of charge) approved by the Order of the Ministry of Economy and Finance of 4 June 1998, as amended by the Order of the Ministry of Finance of 11 December 2001, shall be for the exclusive use by the various ministerial departments, autonomous bodies as well as by those public bodies called upon to be authorized for the payment of these fees by means of telematic provided for in Order HAC/729/2003 of 28 March, laying down the assumptions and conditions General for the payment by telematics of the fees that constitute resources of the General Administration of the State and its Public Bodies.

In the case of selective tests convened by Autonomous Bodies whose examination rights rates constitute income from their own budget, the body convener which has received the procedure for entry into an entity A working party governed by the Order of the Ministry of Economy and Finance of 4 June 1998, as amended by the Order of the Ministry of Finance of 11 December 2001, will have to draw up an application model which will have to be adjusted to the model approved by this Resolution, but rather than the model 790 in the form, it must appear model 791 (both in the model number and in the first three digits of the composition of the supporting number). Such a model of application, thus drawn up, must be submitted for approval by the Directorate-General for the Civil Service. The convening body shall be responsible for the effective making available of the application model to applicants for selective testing.

In the event that the Autonomous Body is authorized by the Department of Collection of the State Administration of Tax Administration to enter its rates through an open account opened in a deposit entity, it will use its own income document, in which it will necessarily reflect all the data appearing in the model approved by this Resolution, except for references to Model 791, the number of supporting documents and the income made in favor of the Treasury, restricted account of the State Administration of Tax Administration for the collection of fees, the latter being replaced by the restricted account authorised to the autonomous body. Such a model of application, thus drawn up, must be submitted for approval by the Directorate-General for the Civil Service. The convening body shall be responsible for the effective making available of the application model to applicants for selective testing.

In relation to non-self-employed public bodies, they may choose to benefit from the model approved by this Resolution. In this case, the distribution of the model will correspond to the Ministry of Territorial Policy and Public Administration through the provision on its website, in the rest of the Internet and organs which, in general, will be set out in the relevant targeted calls for evidence. This option implies that the income cleared by the corresponding fees will be paid directly to the Treasury. The other possibility for non-self-employed public bodies is to liquidate their rates of examination rights through an open account in credit institutions or to request authorization to join the payment by telematics, as indicated by the Order HAC/729/2003 of 28 March, establishing the assumptions and conditions for the payment by telematic of the fees that constitute resources of the General Administration of the State and its Public Bodies. In the event that they liquidate their examination rights fees through an account opened by credit institution, they will be required to develop their own application model for admission and system of settlement of income. This model must be submitted for approval by the Directorate-General for the Civil Service. In this case, the Convener Body is responsible for the effective making available to the model by the applicant for the selective tests.

Third. -Selective test calls will express all the data necessary to complete the model of the form that is approved, making, in any case, reference to the Ministry to which the convening organ belongs.

Fourth.-The corresponding forms shall consist of three copies for the respective recipients indicated at the foot of each of them. In the copy for the contributing entity, however, they must not copy more data from the applicant than those corresponding to the NIF (or identification) and first and last names, because the rest of the information that must be reserved complete.

Fifth. -Print will be available to those interested in portal 060 and in the places that are indicated in each of the calls.

The copy for the Administration, once validated by the collaborating entity, must be delivered at the place indicated in each call. The application, completed in accordance with the data contained in each call, may be submitted, for the entry of the examination rights and timely validation, in any Bank, Savings Bank or credit union of which they act as collaborating entities in tax collection (the practice as a whole).

The Ministry of Territorial Policy and Public Administration will promote, through portal 060, the possibility of submitting requests for access to selective processes, as well as the payment of the corresponding fee by means of telematic means.

Sixth. -In relation to applications submitted abroad, the same may be further submitted through the corresponding Spanish diplomatic or consular representations, who will forward them to the body. indicated in the call. The person concerned shall attach to that application a proof of satisfaction of the rights of examination. For these purposes, the person concerned must make an entry into the restricted account which the departments or self-governing bodies called for in the relevant call must make, which must clearly state that such entry into the restricted account shall be made only in the case of applications lodged abroad. In this regard, each ministerial department or public body convener shall, in accordance with the provisions of the Order of the Ministry of Economy and Finance of 4 June 1998, as amended by the Order of the Ministry of Finance of 11 December 2001, request from the Department of Collection of the State Administration of Tax Administration the authorization for the opening of such restricted account. The conditions of use of this account shall be specified by the State Agency for Tax Administration in the authorisation granted.

Seventh. -In the case of selective testing whose request for participation requires the completion of supplementary data to those collected in the form of the form to be adopted, the convening body must establish in the a model for the completion of data, which shall be made available to applicants by the convening body itself, without prejudice to the fact that the official model approved by this Resolution is the only one valid for the effects of the entry of the fees for the examination rights. In this sense, in internal promotion calls aimed at work staff in which the possibility of opting for different places corresponding to different professional groups, categories or levels, this option will be formulated in the a model which is made available by the calling body, and must use the model approved by this Resolution for the entry of the corresponding fees.

Eighth. -In accordance with the provisions of Article 12 of Law 8/1989 of 13 April, of Fees and Public Prices, the refund of the fees that would have been required when the taxable event is not made not attributable to the taxable person. Therefore, no refund of the rights of examination will be carried out in the cases of exclusion of the selective tests because of the imputable cause, which must be stated on the basis of the corresponding calls. Therefore, the traditional assumption of exclusion for not meeting the requirements or not providing the documents required in the call will not result in the return of the examination rights.

In the event that the right to the return of the levy proceeds, pursuant to Articles 14 and following of Royal Decree 520/2005, of 13 May, for which the General Regulation of the Development of Law 58/2003 is adopted, On 17 December, General Tax on the review of administrative procedures, it will be up to the ministerial department or public body to proceed to the recognition of this right and to carry out the subsequent processing for their credit. For these purposes, the procedure described in paragraph 15 of the Order of the Ministry of Economy and Finance of 4 June 1998, as amended by the Order of the Ministry of Finance of 11 December 2001, shall apply.

Madrid, May 9, 2011. -Secretary of State for the Civil Service, Maria Consuelo Rumi Ibanez.

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