Read the untranslated law here: http://www.boe.es/buscar/doc.php?id=BOE-A-2015-8097
The Royal Decree 200/2012, 23 January, which develops the basic organizational structure of the Ministry of health, social services and equality and amending the Royal Decree 1887 / 2011, of 30 December, which establishes the basic organizational structure of the ministerial departments, provides in its article 2.7, the Youth Institute is attached to the Department through the Secretary of State for social services and equality , with the nature legal, structure and functions that is expected in its policy specific.
Furthermore, the Royal Decree 486/2005, of 4 may, which approves the Statute of the autonomous body of the Youth Institute, determines its assigned functions include the free and effective participation of youth in the political, social, economic and cultural development of Spain, as well as the cultural promotion of the youth.
In accordance with these purposes, the Instituto de la Juventud wants the national contest of young entrepreneurs, promoting youth entrepreneurial culture, as an engine of dynamism of overall economic activity, facilitating the consolidation and growth of the company projects promoted by them, regardless of the territory of the State in which the project is carried out. This event is part of the entrepreneurship and youth employment 2013-2016, strategy launched by the Government of Spain, which is how one of its objectives to promote the entrepreneurial spirit of young people and that it has, among other lines of action, a package of measures in support of entrepreneurs.
The competition of the State for dictate this order is justified in the article 149.1.13. ° of the Constitution, that attributed to the State competition exclusive in matter of bases and coordination of the planning general of it activity economic. As for the centralization of its management, this is justified since it is a contest with a budget and very limited aid to projects allows ensuring the same opportunities of obtaining and enjoy by its potential recipients throughout the national territory, avoiding at the same time that exceed the overall amount of State funds earmarked for the sector.
This order of bases, that comes to regular the regime of aid economic intended of form immediate to foster between them young the culture entrepreneurial, by means of the contest national of young entrepreneurs is dictates of conformity with the law 38 / 2003, of 17 of November, General of grants that establishes, in its article 9, that, with character prior to the granting of them grants , in the field of the Administration General of the State, must approve is the standards that establish them bases regulatory of concession and will be published in the «newsletter official of the State». Furthermore, article 17 of the abovementioned law, provides that the concerned regulatory bases must be approved by ministerial order and points out the ends that must be translated, as a minimum.
This order has been previously informed by the law of the State Department and the intervention delegate of the intervention General of the administration of the State in the Instituto de la Juventud.
By virtue, with the prior approval of the Minister of finance and public administration, have: article 1. Object and scope of application.
1. the present order has by object set them bases regulatory of the contest national of young entrepreneurs, whose purpose is support to young that lead projects innovative and viable, of companies already constituted, with an old maximum of three years and minimum of one in the date limit of the presentation of them requests of each call, with independence of the sector in which is promote. Therefore to the first 10 selected will be granted economic aid provided them by the consolidation of the company's project promoted by each of them.
2. for the purposes of this order, means company self-employed, family businesses, partnerships and associations regularly engaged in an economic activity, in accordance with recommendation 2003/361/EC of 6 May 2003, the Commission in any case, promoted by young people of Spanish nationality and those with legal residence in Spain, which do not exceed the age of 35 on the date limit for the submission of applications.
3. the competition will have a periodicity yearly and is convened each year of form timely.
Article 2. Procedure for granting and funding.
1. the aid referred to in this order shall be granted by means of the competitive procedure.
2. each procedure of concession is start of trade through call public, adopted by resolution of the person holder of the address General of the Institute of the youth and posted in the «newsletter official of the State», according to it established in the article 23 of the law 38 / 2003, of 17 of November, General of grants.
3. the funding of the contest national of young entrepreneurs is held with charge to them credits that, for such purpose, is determined in them budgets General of the State for the Institute of the youth of the Ministry of health, services social e equality.
4. the call of the contest set the split budget to which should impute is them awards that is granted.
Article 3. Individual amount of aid.
To each one of them ten first selected, according to the criteria of valuation regulated in the present order, les will be granted a helps economic of twenty-five thousand euros (25,000 €). In cases proceeding applies the retention of income TAX that corresponds.
The aid shall be granted in advance payment in accordance with the provisions of article 34.4, second paragraph, of law 38/2003 of 17 November.
Article 4. Beneficiaries.
He contest national of young entrepreneurs is aimed to young's nationality Spanish and those with residence legal in Spain, already are people physical or legal.
When is try of people physical these must have residence legal and permission of work in Spain, and that not exceed the age of 35 years in the date limit of the presentation of the requests.
When the project is conducted by a legal person, the application must be submitted by the legal representative of the legal person, who in any case exceed the 35 years in the deadline for the submission of applications. Also, must present statement responsible of that the capital social belongs mostly (51%) to young that do not exceed them 35 years.
The registered office and the field of realization of the main activity of the project presented must be, in any case, in Spanish territory.
In addition, both physical and legal persons that attend the corresponding calls should meet at the date of publication of the same, the following requirements: to) be aware of tax obligations and Social Security.
(b) not be falling in the rest of the prohibitions, to obtain the status of beneficiary of subsidies is required, in accordance with article 13.2 and 13.3 of law 38/2003 of 17 November.
(c) have justified, where appropriate, financial support received in advance of the Instituto de la Juventud.
Article 5. Submission of applications. Requirements, form and time limits.
1. the request for participation in the national competition of young entrepreneurs should be formalized using the model instance that detail in the resolution of annual announcement that is made of the same and will be available on the website of the Instituto de la Juventud.
Applications, aimed at the titular person of the General direction of the Instituto de la Juventud, as well as all the documentation that is presented to the contest, may be presented in the General Register of the organism, calle Ortega y Gasset, 71, 28006 Madrid, records and offices referred to in article 38.4 of law 30/1992, of 26 November Legal regime of public administrations and common administrative procedure, or through the electronic register of the Ministry of health, social services and equality.
The application must be made within the period of twenty working days from the day following the publication of the announcement of the competition in the «Official Gazette».
The filing of an application implies acceptance integrates the regulatory bases of the contest. (Just to introducing the request authorizes organ instructor so you can: to) perform the check of your data through the system of verification of data identity in accordance with Royal Decree 522/2006 of 28 April, whereby the provision of photocopies of identity documents in the administrative procedures of the General Administration of the State and its public organizations linked or dependent shall be deleted.
If the applicant expressly denied consent must provide a photocopy of your DNI/NIE.
b) the check to keep abreast of tax obligations and Social Security, the applicant or the company you represent in function that is physical or legal persons, pursuant to that laid down in articles 18 and 19 of the regulations of the law 38/2003, 17 November, General grants, approved by Royal Decree 887/2006 , of 21 of July.
If the applicant denied expressly your consent must provide them certifications of be to the running of them cited obligations, of conformity with what to the effect set them articles 18, 19, 20, 22 and 23 of the regulation of the law General of grants.
c) use, publish and disclose your name, your project and your image, communications made unavailable informational or informative, both support written media as in digital media.
(d) carry out the test of being in a situation of high in the economic activities of the State Tax Administration Agency Census.
If the applicant expressly denied consent must provide the corresponding certificate.
(2. must provide is, next to the application, a memory with the following paragraphs: to) presentation of the company.
(b) description of the activity, description of the product / service offered.
(c) scope geographical of performance of the project business and of the market to which are directed.
(d) the team management and the template; the team of the project curriculum; number of jobs created in the years of antiquity of the company and provided for the following financial year.
(e) character innovative in the project and use of new technologies.
(f) situation current of the project: description of the major milestones achieved, positioning, growth of the demand; suppliers, customers, business plan of marketing, etc...
(g) financial economic data: profit or loss of the years of operation of the company and the forecast of the next three; and balance of situation of them years of operation of the company and the forecast of the three next.
(h) growth prospects and future projects.
(i) degree of internationalization: description of the current or planned international expansion in the future.
(j) explanation of why is thought worthy of the contest.
(3. another documentation that must accompany is to the application: to) statement express of not be disabled or bankrupt in prohibition for the obtaining of aid or grants public, in accordance with it planned in the article 13.2 of the law 38 / 2003, of 17 of November.
(b) copies of the card NIF of the company and of them writings of Constitution of the company, statutes and modifications later in your case, when appropriate.
(c) a copy of the work permit, when it is not Spanish citizens from countries not included in the European Union.
In application of the article 35 of the law 11 / 2007, of 22 of June, of access electronic of them citizens to them services public, to facilitate the presentation of them writings of Constitution of it company, statutes and modifications later in its case, and of the permission of work, when is try of citizens not Spanish and from of countries not included in the Union European stakeholders can contribute scanned copy of these documents, whose fidelity to the original guarantee through the use of electronic signatures. In addition, the Youth Institute may require individual display the original document in order to check its veracity, where the project is winning.
(d) for persons legal, statement responsible of that the capital social is mostly of young minor of 35 years.
4. correction of errors. If the request does not meet any of the requirements set out in this order and the annual announcement of the contest, or any of those provided for in article 70 of the law 30/1992, of November 26, will require seekers so that, within the period of 10 working days, it rectified the faults or attach the required documents , all this in accordance with the article 71.1 of the law 30 / 1992, of 26 of November. If so not it made the application is will be by desistida.
Article 6. Management and instruction.
The competent body for management and instruction of the procedure will be the Division of programs the Institute of youth, who in accordance with the provisions of article 24 of law 38/2003 of 17 November, be carried out ex officio actions it considers necessary for the determination, knowledge and verification of the data under which you must say the resolution.
In particular you will have like powers, ask how many reports it deems necessary to resolve or which are required by the rules governing the contest; and propose the titular person of the direction General of the Institute of youth, the final resolution to proceed on the basis of the report issued by the Commission's evaluation of the fair.
Article 7. Evaluation Commission.
1. each call will determine the Constitution of an evaluation Committee, which will act as a collegiate body referred to in article 22.1 of the law 38/2003, 17 November, composed of five members nominated and appointed by the titular person of the General direction of the Instituto de la Juventud.
2 the composition of the Evaluation Commission will be as follows: a) a Presidency.
(b) four members.
(c) a Secretary: with voice but without vote, which will be appointed equally by the titular person of the General direction of the Instituto de la Juventud.
3. the Evaluation Committee will adjust their actions to the legal regime of the colleges regulated in chapter II, title II of law 30/1992, of 26 November.
4. the Evaluation Committee will transfer the proposal for the award of the contest to the Programs Division of the Institute of youth, in as organ instructor, who will propose the titular person of the General direction of the Instituto de la Juventud the final resolution that proceed on the basis of such a proposal.
Article 8. Assessment criteria.
The competition aims to support innovative projects, so it will be only considered those who provide that character.
The innovation component is defined below, and can incorporate any project or several of these aspects: to) product innovation: introduction of goods, product or new service with a high degree of improvement, with respect to their characteristics or their intended use.
(b) innovation of process: implementation of a method of production or distribution new or with a high degree of enhancement.
(c) innovation of marketing: implementation of a new method of marketing that involves important improvements in the design of the product or in its presentation, or in their political of positioning, promotion or price.
(d) innovation organizational: implementation of a new method of organization applied to the practices of business, to the place of work or the relations external of the company.
(Them projects that meet the character innovative will be valued by the Commission of evaluation, through them following criteria of valuation: to) the model of business, sustainability and potentiality of growth (up to 10 points).
(b) economic relevant search results, both those obtained so far and expected in the next few years (up to 10 points).
(c) the original and innovative character of the project and the use of new technologies (up to 10 points).
(d) the creation of employment (up to 5 points).
(e) exploration, opening and presence in international markets (up to 5 points).
Article 9. Resolution and notification.
1. the decision of awarding of the contest will be dictated by the titular person of the General direction of the Instituto de la Juventud and must include the relationship of the successful tenderers, ten in total. It will also contain the dismissal of the rest of the applications.
Any alteration of the conditions taken into account for the granting of aid may give rise to the amendment of the resolution of allocation, in accordance with the provisions of article 19.4 of law 38/2003 of 17 November.
2. the maximum period to resolve and to notify the adjudication of the competition will be six months from the date of publication of the notice in the «Official Gazette». Expiry of said period without that resolution had been expressed, be construed as ignored requests by administrative silence. You can exceptionally agree an enlargement of the referred deadline of resolution and notification, in the terms and with the limitations laid down in article 42.6 of the law 30/1992, of November 26, communicating this agreement applicants.
3. this resolution will put an end to the administrative procedure, can be brought against the same optional replacement appeal in within a month, in accordance with articles 116 and 117 of the law 30/1992, of 26 November, counted from the day following its notification, before the head person of the General direction of the Instituto de la Juventud , either contentious-administrative appeal within the period of two months, counted from the day following the notification of the resolution, in accordance with the provisions of articles 9, 45 and 46 of law 29/1998, of 13 July, regulating the contentious jurisdiction.
4. the resolution with them ten awarded is will make public in the «Bulletin official of the State», and will be notified individually to each one of them in them terms provided in the law 30 / 1992, of 26 of November.
Article 10. Compatibility with other aid.
Them aid regulated in the present order will be compatible with it perception of others aid, grants, income or resources for the same purpose, from of any administrations or entities public or private, national, of the Union European or of agencies international.
Recipients of other editions of the national competition of young entrepreneurs may not be submitted back to no call for this.
Article 11. Publication.
The ten selected projects, may be subject to disclosure by the Institute of youth of the Ministry of health, social services and equality, in the communications you make character informational or informative, and in both media posted in hardware on the Internet.
Article 12. Protection of data.
Them data of character personal, collected in the application, will form part of a file of ownership of the Institute of the youth and will be subject to the protection established by the law organic 15 / 1999, of 13 of December, of protection of data of character Personal. It presentation of it application of grant carries the authorization of the applicant for treat them automatedly and give them, for purposes of evaluation, follow-up and control to the organ evaluator and to them agencies of control community and national, in its case.
Article 13. Obligations of the beneficiaries.
Them beneficiaries of the contest will come obliged to meet the obligations that, with character general, is collected in the article 14 of the law 38 / 2003, of 17 of November.
Article 14. Justification of subsidies.
1. the amount of the help economic granted must be justified in the term maximum of three months starting from meet is a year of the payment of the same. Justifiable expenses will only be those carried out during that year and charged in any or all of the following concepts: to) Social security contributions.
(b) hiring of employees.
(c) rental of premises.
(d) media technicians.
(e) supplies derived from the activity (phone, light, water, gas...).
(f) acquisition of active fixed necessary for the activity.
2. in General, the justification will adopt the modality of justificatory account simplified with contribution of vouchers for expenditure under the terms regulated in article 75 of the regulation of the General Law of subsidies.
Article 15. Refunds.
1 in accordance with article 17.3. n) law 38/2003 of 17 November, are established the following criteria for the graduation of the possible breaches of conditions imposed on the occasion of the granting of aid in each case: possible breaches degrees getting the help falsifying or concealing conditions.
100% breach total of those purposes for which is presented the request.
100% partial breach of the purposes for which the application was filed.
Proportional to the unfulfilled goals failure of justification.
100% insufficient justification.
Part not justified adequately 2. Pursuant to articles 37 and 38 of the law 38/2003 of 17 November, the reinstatement of perceived quantities, as well as the requirement of the interest on arrears, shall be from the time of payment and to date the origin you remember of the reinstatement, in the following cases: causes of reimbursement percentage to reinstate getting the help falsifying or concealing conditions.
100 total breach of the purposes for which the application was filed.
100. partial breach of the purposes for which the application was filed.
Proportional to the unfulfilled goals failure of justification.
100. insufficient justification.
Proportional to the not submitted part 3. The return of all or part of the grant without the prior requirement of the management by the beneficiary, be held in the current account of the Instituto de la Juventud. Once the remaining income, you should credit it to the Programs Division of the Institute of youth.
4. the procedure for the returned is governed by the provisions contained in the article 42 of the law 38 / 2003, of 17 of November.
Article 16. Liability and penalties.
Them beneficiaries of the competition will be subject to them responsibilities and regime sanctioning that, on breaches administrative in matter of grants, sets the title IV of the law 38 / 2003, of 17 of November. In addition, shall be subject to the provisions of title IX of the law 30/1992, of November 26, and in the Royal Decree 1398 / 1993, of 4 August, which approves the regulation of the procedure for the exercise of the powers to impose penalties.
Sole additional provision. Advertising in the database national of grants.
Grants convened or granted pursuant to these regulatory bases from 1 January 2016, them shall apply the provisions of the articles 17.3. b), 18 and 20.8 law 38/2003 of 17 November, advertising of grants through the national database of grants, as set forth in the tenth transitional provision of law 15/2014 rationalization of the public sector and other measures of administrative reform, September 16.
First final provision. Skill-related title.
This order is issued pursuant to the provisions of article 149.1.13. of the Constitution.
Second final provision. Faculty of development.
The titular person of the General direction of the Instituto de la Juventud may issue, where necessary, the provisions which are necessary for the proper implementation of the provisions of this order.
Third final provision. Entry in force.
This order shall enter into force the day following its publication in the "Official Gazette".
Madrid, 13 July 2015.-the Minister of health, social services and equality, Alfonso Alonso Aranegui.
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