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Order Sco/2668/2004, Of 30 July, Which Approve The Regulatory Bases For Granting By The Carlos Iii Health Institute Of Scholarships For Postgraduate Studies In Health Within The Framework Of Cooperation Inte...

Original Language Title: ORDEN SCO/2668/2004, de 30 de julio, por la que se aprueban las bases reguladoras para la concesión por el Instituto de Salud Carlos III de becas para la realización de estudios de postgrado en materia sanitaria dentro del marco de cooperación inte...

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TEXT

The Royal Decree 375/2001 of 6 April, approving the Statute of the Institute of Health Carlos III, establishes as a function of the same, the training, improvement and specialization of the health personnel in the field of health.

In this context, within the framework of the international cooperation activities in health matters, one of its objectives is the training of the health personnel of developing countries, through the granting of scholarships, travel bags and in general various types of aid.

These activities contribute to the implementation of the planning and corresponding programming in the field of international cooperation of the Ministry of Health and Consumer Affairs.

The management of these grants will be governed in accordance with the general principles set out in Article 8.3 of Law 38/2003 of 17 November, General of Grants, that is, advertising, transparency, competition, objectivity, equality and non-discrimination, effectiveness in meeting the objectives set by the Administration and efficiency in the allocation and use of public resources.

Therefore, this Order has been developed which establishes the regulatory basis for the award of scholarships for postgraduate studies in health matters, in accordance with the provisions of Article 17 of Law 30/2003, 17 November, General of Grants.

In its virtue, prior to the report of the Legal Service of the Department and the Delegate Intervention, and after the approval of the Minister of Public Administrations, I have:

First. The purpose of this Order is to regulate the basis for the award of scholarships for the training of health personnel in developing countries.

Second. Requirements of the beneficiaries. -They may be beneficiaries of the grants provided for in this Order, those natural persons who meet the following requirements:

a) Poseer a university degree related to health activities in the field of public health.

(b) Not having received a similar grant from the Ministry of Health and Consumer Affairs for the minimum period of two years, except in the case of renewal of the grant as a result of carrying out studies of multiannual character.

c) Credit that has a knowledge of the Spanish language sufficient for the realization of the studies object of the scholarship.

d) Poseer psycho-physical attitude to cure the studies object of the scholarship.

e) To be in a position to comply with the requirements of the legislation in force in the field of aliens.

f) Being an official or accrediting a permanent and fixed job that guarantees stability.

g) Not to be subject to the prohibitions laid down in Article 13.2 of Law 38/2003 of 17 November, General of Grants, the justification for which may be made in accordance with the provisions of Article 13 (7) 13 of that Law.

Third. Form and time limit for the submission of applications.

1. The interested parties will make the application for a scholarship in a standardized model along with the documentation required in the call, in the General Register of the Health Institute Carlos III, C/ Sinesio Delgado, 6 or, in any of the places provided for in the Article 38 (4) of Law No 30/1992 of 26 November 1992 on the legal system of public administrations and the common administrative procedure, including diplomatic representations or consular offices and technical cooperation offices Spain in the countries included in the call.

2. The time limit for the submission of applications shall be 15 working days from the day following the publication of the notice in the Official Gazette of the State.

Fourth. Concession procedure.

1. The granting of aid shall be made in accordance with the principles of objectivity, competitive competition and advertising.

2. The call for the aid referred to in these bases will be initiated ex officio by resolution of the Director of the Health Institute Carlos III published in the Official Gazette of the State.

3. Applications shall be evaluated by a Commission headed by the Director of the Carlos III Health Institute or a person to whom it delegates, and from which they shall be a representative of the Directorate-General for Public Health, the Director of the School National of Health, a representative of the Subdirectorate General of International Relations and an expert on health issues at the Carlos III Health Institute.

Will act as Secretary an official of the Carlos III Health Institute with a voice and without a vote.

4. Having assessed all the applications accepted by the Commission, the instructor body shall make a duly substantiated proposal for a provisional decision, which shall be notified to the persons concerned in the manner set out in the call, and shall be granted a period of 10 days to submit claims.

It may be dispensed with the procedure when it is not included in the procedure, nor are any other facts or other arguments or evidence to be taken into account than those submitted by the interested parties, in which case the proposed resolution will be final in nature, as provided for in Article 24 (4) of the General Law on Subsidies.

5. At any time in the assessment process, prior to the final grant resolution, the instructor body may collect as many reports or clarifications as it deems necessary.

6. Finally, if necessary, the hearing procedure, the instructor body in the light of all the actions will be formulated the corresponding definitive proposal of the resolution the Director of the Institute of Health Carlos III.

7. The proposals for a provisional and definitive resolution do not create any right in favour of the proposed beneficiary vis-à-vis the administration until the granting of the grant decision has been notified to it.

Fifth. Objective criteria for granting.

The evaluation of the requests will be validated according to the following requirements:

a) Professional experience in the field of public health and/or health management.

(b) The training needs of candidates both for the performance of their activities in the field of public health and health cooperation and for their professional development.

c) Courses made and publications in public health, health promotion and disease prevention.

d) Ability to read English texts and basic computer skills.

Sixth. Amount of subsidy.

1. The grants shall be provided at least with the following amounts:

a) Four hundred and six euros (406 euros) in installation.

b) Three monthly payments of one thousand sixty-three euros (1,063 euros).

The concession will also take the right to receive the flight tickets from the back and forth with the amount to be fixed in each call.

2. Each call shall set out the integrated amounts of each grant and the form of the grant.

3. The recipients of the grants are required to take out a health insurance and accident insurance policy for the full duration of the grant, the amount of which will be reintegrated by the Carlos III Health Institute. shall set out the call.

Seventh. Competent bodies for the management, instruction and resolution of the procedure.

1. The instruction of the procedure for granting these scholarships will be the responsibility of the Carlos III Health Institute, through the General Subdirectorate of Training and Dissemination of the Health Research that will carry out the necessary procedures as well as actions are deemed necessary to determine, know or verify the data under which the corresponding resolution by the Carlos III Health Institute is to be formulated.

2. Within 10 days of the date of the lifting of the final proposal for a resolution, the Director of the Health Institute Carlos III shall give a decision on the granting or refusal which shall be based on the assessment criteria. set out in the call.

The maximum period for the resolution of the procedure will be six months from the publication of the call in the Official Gazette of the State. After that time limit, the parties concerned may understand their requests, without having been notified.

The lack of a resolution within the abovementioned time limit empowers the parties concerned to understand their requests for administrative silence, in accordance with the provisions of Article 44.1 of Law 30/1992, of 26 March 1992. November.

3. Against the express or presumed decision, an appeal may be lodged with the same body as a replacement to the same body which issued it within one month of the day following the notification of the decision, in accordance with the Articles 116 and 117 of the Law of Legal Regime of Public Administrations and the Common Administrative Procedure. In the case of administrative silence, the period shall be three months from the day following that in which the application is deemed to be rejected.

Alternatively, it may be used in a legal-administrative manner, in accordance with Law No 29/1998 of 13 July, within two months of the day following the notification of the decision.

In the case of administrative silence, the period shall be six months from the day following that in which the application is deemed to be rejected.

Eighth. Time limit and form of justification.-Within the month following the end of the grant period, the beneficiary shall send the following documentation to the General Subdirectorate for Training and Dissemination of the Research:

a) A final memory of the activity performed.

b) A certification of the center in which you have performed the activity and/or object of the scholarship.

(c) Other documents to be determined in the call for attention to the peculiarities of the subsidised activity.

Ninth. Circumstances which, as a result of the conditions under consideration for the grant of the grant, may lead to the modification of the grant. -Any change in the conditions accepted by the grant of the grant of the grant In the case of a grant or aid granted by other public or private authorities or authorities, the Director of the Carlos III Health Institute shall be responsible for the amendment of the resolution of the The beneficiary shall, where appropriate, be granted the reimbursement of the sums received.

10th. Incompatibility.-The enjoyment of the scholarships referred to in this order shall be incompatible with any other scholarship granted by Spanish or foreign public or private bodies on a temporary basis with that granted.

11th. Criteria for the graduation of possible breaches of the conditions imposed by the grant of grants.-Failure to comply fully or partially with the conditions imposed in connection with the award of the grants will give rise to the the obligation to reintegrate the amounts received in all or part of the relevant legal interests, in accordance with the following proportionality criteria:

(a) The non-compliance with the objectives and activities for the purpose of the grant awarded will result in the total recovery of the grant.

(b) Failure to comply with the partial objectives or specific activities for the purpose of the grant awarded shall entail the repayment of that part of the subsidy to the same.

(c) The non-filing, in accordance with the corresponding call, of the annual and final memory, will entail the return of the amounts received.

12th. Legal regime.-In all the provisions of this Order, the grants shall be governed by the terms laid down in Article 3 of Law 38/2003 of 17 November, General of Grants and their development provisions, the other rules of administrative law, and, failing that, the rules of private law shall apply.

13th. Faculty of Development. -The Director of the Carlos III Health Institute is empowered to dictate how many resolutions he considers necessary in the development and application of the precepts of this Order.

14th. Entry into force. This Order shall enter into force on the day following that of its publication in the Official Gazette of the State.

Madrid, 30 July 2004.

SALGADO MENDEZ