CIDEZ for the decentralization of CIV
Recommendations
PROPOSED REFORM OF THE LAW PRACTICE OF ENGINEERING, ARCHITECTURE, and related professions
Preliminary Report For the analysis of the Draft Reform LEIAPA Approved 1st talk by the NA in June 2008
the 1st Recommendation:
is proposed
CHAPTER I GENERAL PROVISIONS
Motivation: Best order
Third: The proposed amendment of article 1 of the Applicable Law as follows:
Article1 º.
exercise of Engineering, Architecture and related professions be governed by the rules laid down in this Act, its Regulations and Code of Ethics.
2nd. Recommendation: It proposes to amend Article 2 of the Applicable Law as follows:
Article 2 º.
The public administration bodies shall refrain from acting on applications and performing any procedure for the execution of works and engineering services that do not present the Certificate of Professional Practice (CEP), as defined in Article 11 and do not meet the other requirements of this Act and its regulations. Officials involved in those applications and procedures are responsible for compliance this provision.
MOTIVATION: It expands the content of this article with the addition of the Certificate of Professional Practice (CEP), an instrument that is based on the need to contribute to the Venezuelan State to ensure effective and efficient practice in accordance with technical skills of individuals to whom this law contracts. At the same time constitute an endorsement of the practitioners sustaining their education, experience and professional development.
3rd.-Recommendation:
is proposed
CHAPTER II OF THE PROFESSIONAL AND SPECIALTY
4th. Recommendation: is proposed to extend the Article 4 approved in first reading as follows:
Article 4 º - are professionals for the purposes of this Act, the graduates of the Venezuelan Universities who have obtained the title of engineer or an engineer, architect or architect, or related professions. They include professionals natives, who obtained his title on the outside and validated in the National Universities.
MOTIVATION: is proposed to expand the content as expressed, with the intention to include all graduates of national universities in the areas of Engineering Architecture and related professions. Also included are foreign graduates in the National Universities.
Ministry of Higher Education on the report of the National eration ities and Venezuela engineers and architects.
5th. Recommendation: is proposed to amend the text of Article 6 approved in first reading by the NA, by adding the term Federation of Associations and Centres of Engineers, Architects and Related Professionals, to read as follows:
Article 6. Professional activities which enables each title will be determined by the Ministry of Higher Education on the report of the National Council of Universities and the Federation Colleges and Centers for Engineers, Architects and Associations in Venezuela.
MOTIVATION: to standardize terminology.
6th. Recommendation: It is proposed
CHAPTER III THE USE OF TITLE
MOTIVATION: to standardize terminology.
Sixth: It is proposed amending Article 7 of the Applicable Law as follows:
7th. Recommendation: is proposed to amend the text of Article 7 as adopted on first reading by the National Assembly, adding the term Related Professionals and include the words: Correspondent, National Universities and CNU. It recommends expanding the second paragraph replaced by a SINGLE PARAGRAPH. Amended to read as follows:
Article 7. The use of the very titles of the professionals that contracts of this Act shall be subject to the following considerations:
The terms "Engineer or Engineer" and "Architect or Architect" or related professionals, recognized by national universities and the CNU are reserved exclusively for professionals to whom this law is concerned, debiéndose add as accurately as possible, where appropriate, the classification of the specialty, so there is no possibility of error or doubt about it.
Paragraph: In the names of corporations and cooperatives civilians and professionals who respect the law, does not include the name of an engineer or an engineer, architect or architect, or any other titles of the professions that covered by this Act, if all partners were not enrolled in the College of Engineers, Architects and Related Professionals concerned. Exceptions to this provision of foreign companies or their subsidiaries in the country whose activity is limited to cultural, for which the authorization request by before the respective College.
MOTIVATION: Entering the term Allied Professional extends the scope of the law, leaving no doubt about the graduates of Institutes of Higher Education in specialties whose names are linked directly to the engineering and architecture, even though their titles are different from the Engineer or Engineer , Architect or Architect. Examples: PhD in Physics and Mathematics (title to be awarded in the Republic until the end of 1954), geologists, urban planners and others.
It includes links to the National Council of Universities (CNU) through the National Universities as lead agency of the Venezuelan State in the recognition of professional qualifications.
are extended the concepts contained in this Act and the reform approved in first reading to protect the lawful exercise and to avoid confusion with service providers that could eventually be among its members individuals or entities that are not professional contracts to which this Act .
8th. Recommendation: It is proposed
CHAPTER IV THE PROFESSIONAL AND INTELLECTUAL PROPERTY
MOTIVATION: to standardize terminology.
9th. Recommendation: is proposed to amend Article 9 of the current law as follows:
Article 9. Exercise is professional, with the responsibilities inherent in it, performing functions that require the training provided by higher education in Engineering, Architecture and Allied Professions, teaching and research in specific areas of professional training to get this law Likewise, it is considered professional performance managements, addresses, or any other charges Coordination technical, administrative or supervisory which is required for any of the professional titles referred to in Articles 4 and 5 of this Act
MOTIVATION: it necessary to broaden the scope of this paper to to suit the current state of the art, that is for when the current law was enacted in the country aspects of university teaching, research and human resources training related to Engineering, Architecture and Allied industries and management activities, direction, coordination and the like were not considered. Intellectual
authors, therefore, no natural or legal person ctimiento or, unless otherwise specified.
10th. Recommendation: intends to expand the content of Article 10 of the draft Law Reform approved in first reading, as follows:
Article 10 º. The technical documents such as studies, blueprints, plans, technical drawings, consulting, technical consulting, appraisals, expert, expertise, planning, performance schedules of works and engineering services, technical reports, drawings, maps, calculations, estimates and valuations for all its annexes, specifications, sketches, drafts, preliminary and final studies, management, inspection, coordination and site management, procurement of goods necessary for the works and / or process engineering or related services, operation, maintenance and repair of systems production, and the practice of teaching in engineering, Architecture and Allied Professions, as well as drawings, text and photographs, interpreted satellite images, programs, software, Web page design, environmental impact studies, plans and safety and industrial hygiene, industrial projects and others are owned professional or professional authors of the documents described, therefore, any natural person or legal entity may use them without the consent of the author, unless they have obtained their (s) consent.
MOTIVATION: the reason it is proposed to reform the content of article 10 of the bill passed in first reading is to adapt to current technological advances, is also incorporated into this article the term related professions in order to maintain consistency with the expression Engineering, Architecture and Allied Professions.
Architects for approval. The regulations will establish the rules of the visa.
11th. Recommendation: plans to expand the content of article 11 of the bill passed in first reading by the National Assembly as follows:
Article 11 º. For any technical documents referred to in the preceding article may be submitted and offices take effect on public or private institutions so that its contents can be used, partly or wholly by any person or entity, shall bear the identity and signature of its author or authors with the appropriate registration number and be duly endorsed at the College or Center, Engineers, Architects and allied professionals concerned by Coordination Office Professional Practice. The regulations will establish the rules of the visa.
MOTIVATION: The way Article 11 is replaced by a broader set of attributes for identification, the author's name, registration number of the Professional College or the respective center, and includes the term related professions.
12th. Recommendation: is proposed CHAPTER V
include
OFFICE PRACTICE COORDINATOR
MOTIVATION: Since the development of the professions to which this Act contracts, require improved monitoring and control of exercise in different specialties, proposes the creation of this office (OCEPRO).
13th. Recommendation: is proposed to incorporate the text of the draft reform law adopted in first reading by the AN article and paragraphs that are described below:
Article ----. For the purposes of complying with the provisions of the preceding article, establishing the Office of Professional Practice Coordinator (OCEPRO) attached to each college or center field concerned with action in the appropriate jurisdiction. Its role will be to ensure the lawful exercise of the profession of Engineering, Architecture and Allied Professions in accordance with the provisions of this Act and its regulations, advising the authorized bodies of organized communities in the projects that are within the jurisdiction of the professions to which this Act contracts, and any rules and procedure for that purpose issued by the Federation. First Paragraph
.-
The OCEPRO establish a classification of professional engineering, architecture and related professions, considering the degrees obtained, extension courses or professional development, experiences in the exercise of the profession, among others, to which they will issue a Certificate of Professional Practice (CEP). This should be required in public and private companies, colleges and any other such as a requirement for hiring professional projects, works, services and other work in this area. Second Paragraph
.-
A multidisciplinary team consisting of the Director of OCEPRO, the Presidents of Professional Societies and Deans of the Faculties of Engineering and / or architecture, evaluate the cases of Professionals who aspire to pursue in a different field of expertise and opinion. Third Paragraph
.-
The visa will consider projects among other things, a document called multifirma, including the name, registration number of the federation, the CEP and the signature of the professional or project managers. Fourth Paragraph
.- Officials of public or private entities shall not give effect to the documents mentioned in article 9 that are not accompanied by the express approval of the relevant OCEPRO. Violation of the provisions of this paragraph shall be punished in accordance with the provisions of this Act and its regulation.
MOTIVATION: to ensure effective supervision of exercise training in the different fields of Engineering, Architecture and Allied Professions is what is proposed in this paper which contributes content to that received by State agencies part of the institution that brings together the aforementioned professionals ensuring that the technical documents submitted for consideration by the state authorities have the necessary technical backing Legal.
14th. Recommendation: is suggested that the content of Article 12 of the Act in effect adding a paragraph, so that it is worded as follows:
Article 12. No professional may exercise
but the specialty for which expressly authorizes the title it has. Sole Paragraph
-
Notwithstanding the provisions of international treaties to which it is part Bolivarian Republic of Venezuela, will not be allowed professions to which this Act to foreign contracts originating in countries which do not it supports the exercise of those professions to Venezuelans.
Motivation: Applying the concepts of equality and reciprocity, expands the scope of Article 12 of the current law, a single paragraph, which prohibits the exercise of professions, to individuals originating from countries in which impedes the exercise of those professions to the Venezuelans. 15th
Recommendation: is proposed to incorporate a chapter called "The Scope of the Profession" which includes items ...
CHAPTER VI THE SCOPE OF THE PROFESSION
Motivation: Replace the concept set out in Chapter VI Current Law, the buildings, facilities and work for the "Scope of the Profession" which is much larger in the legislator's intention. 16th
Recommendation: proposed modificar el contenido del artículo 14 del proyecto de reforma aprobado en primera discusión por la AN de la siguiente manera:
Artículo 14.: La ejecución de proyectos de cualquier especialidad relacionadas con las profesiones a las cuales se contrae esta ley, así como cualquier otra actividad que requiera la participación de profesionales amparados por esta Ley, deberá realizarse con la participación de los mismos a fin de garantizar la eficacia, exactitud técnica y seguridad en la ejecución de dichos proyectos. Los profesionales deberán abstenerse de prestar su concurso profesional cuando esta disposición no sea cumplida y dejen de acatarse las normas y practicas que ellos indiquen con ese fin. La OCEPRO, to comply as provided above, shall appoint qualified technical staff and necessary to comply with this provision.
Motivation: believe it is much more precise text of this article. And also states that it is the OCEPRO the authority to comply with this provision.
17 th Recommendation: is proposed to amend Article 15 of the Reform Law approved in first reading as follows:
Article 15:
Every natural or legal person carrying out projects, buildings, facilities or work for public bodies and private, in addition to the requirements of the preceding Article, appoint to them as technical representative to a practitioner, who among its other powers will discuss the technical issues with representatives of public administration offices, responsible for granting permiseria .
Motivation: believe that the suggested wording, above, represents a better illustration of the spirit and purpose of this article.
18 th Recommendation: is proposed to amend Art 17 of the reform approved in first reading as follows:
Article 17: During the time
execution of a construction, installation or work for the employer is required placement in the work, easily visible to the public, a card showing the name of the company and the professional or professionals responsible, along with the registration number of the latter in the College or Centre concerned. The OCEPRO regulate and ensure compliance with this article.
Motivation: believe that the writing of this article, which is almost identical to that expressed in the current law, reflects the spirit, purpose and rationale of the legislature. Only incorporated in the text its power under this Act for the OCEPRO regulate the article.
19 th Recommendation: is proposed to modify the content of Art.18 of the reform approved in first reading by the National Assembly as follows:
Article 18:
To exercise any of the activities regulated by this law, professional contracts she should register their respective titles at the College or Center of Engineers, Architects and Related Professionals your home state or entity who shall proceed expeditiously, and to manage the Federation of Engineering Education and Centers, Architects and Related Professionals, the allocation of registration number that corresponds to correlate of the late College of Engineers of Venezuela (CIV N º..).
SINGLE PARAGRAPH: can not register their foreign securities in foreign graduates whose home countries do not allow the exercise of the profession to the Venezuelans, as provided in Article 12 of this Act
Motivation: The reason for this proposal is to improve the interpretation of the text of the article and delete the words "FREE", because it must ensure budgetary self-sufficiency of the institutions to which this Act contracts
20th Recommendation: is proposed to amend The content of Article 19 of the Reform aprobada en primera discusión por la AN de la siguiente manera:
Artículo 19. Estarán exceptuados de las disposiciones establecidas en el artículo anterior, así como de los requisitos exigidos en los artículos 4 y 5, los extranjeros graduados en el exterior que sean contratados por entidades públicas y privadas cuyos servicios profesionales sean de carácter temporal y ejercicio especifico, para lo cual previamente se haya comprobado la inexistencia y disponibilidad de profesionales especializados en estos servicios ante el Colegio o Centro respectivo.
A tal fin, con lo arriba expresado, las Entidades Publicas y Privadas solicitarán ante el Colegio o Centro correspondiente la respectiva autorización who give the applicant permission to exercise the proposed professional.
Motivation: The reason for this proposal is to improve the writing of this article and empower schools and centers for granting permits of professional practice for a specific period and specific activity.
21 st Recommendation: is proposed to amend the heading of Chapter VII passed in 1 st discussion as follows: CHAPTER VII
OF COLLEGES AND SCHOOLS OF ENGINEERS, ARCHITECTS AND RELATED PROFESSIONALS.
Motivation: The chapter should cover the concepts of College and Centre, as the Allied Professional.
NOTE: The amendment passed in 1st debate by the NA, as referred to Article 20 in the Nineteenth proposal actually corresponds to Article 23 of the Law.
22 nd Recommendation: is proposed to modify the content of Article 20 of the reform approved in first reading as follows:
Article 20:
There will be a College of Engineers, Architects and Related Professionals in every State and in Districts Metropolitans of the Bolivarian Republic of Venezuela. Its headquarters will be in the capital of the respective designated entity or another for 75% of the members. Paragraph
First: There will also
Center Engineers, Architects and Related Professionals in the capital of each municipality (except in that city where the school is situated) in which they live or work no fewer than five hundred (500) and professional in correspondence of at least ten percent (10%) of them, apply to the college of their affiliation. It also may become centers of Engineers, Architects and Related Professionals and conurbation of two or more adjacent municipalities and the same geographical constituency provided they meet the requirements of this Act
Paragraph Two:
In the organizational structure of the colleges or Centers exist, among others, OCEPRO, the Office of the Academic Loans, which shall report to the Board accordingly.
Third Paragraph: Placement
The address will be responsible for seeking the inclusion of union members working in the field by studying and monitoring by qualified personnel in the socio economic and unionized labor, seeking an optimal balance between supply and demand of jobs for professionals who contracts this Act is also in line with the Directorate OCEPRO interact with government agencies as well as with public and private companies overseeing the proper occupation of positions reserved by this Act exclusively for professional architectural engineering and related professions. Another will be to advise, promote and encourage any form of business association or cooperative that allows the entry of the unionized work force and ensure them a decent and sufficient for economic development, social work and with their families.
Fourth Paragraph:
The Academic Board which is responsible for ensuring the improvement of scientific and technical level and culture of the members, to coordinate with the Federation of Engineers of Venezuela the issuance of the specialist, postgraduate, doctoral and post-docs, to promote all types of events such as conferences, technical seminars, forums, seminars, exhibitions, conferences, courses., etc. as well as agreements and exchanges with organizations, institutions, universities, national and foreign that contribute to increased levels of technical and professional engineers and architects and related professionals. It will always have preference to unemployed professionals who should be included in any training program or course that is rendered in such institution or outside it but with his patronage and sponsorship at a rate of five percent (25%) of all participants.
In no circumstances will we be allowed to enter or enjoy institutional and cultural areas of the school facilities or centers for both unionized and his family and to exercise their right to elect or be elected to any office in the organs management of schools or centers because of being insolvent with this.
Motivation: is wide writing this article to incorporate the concept of metropolitan districts and also consider that not justify the creation of a Centre with a lower number (500) five hundred professionals. Also noted the procedure for creating a School or Center.
Also included in the organizational structure of the colleges or Placement Management Center and the Academic Board which, in his mind purpose and rationale are in the purview of the reform LEIAPA approved in first reading by the NA
The OCEPRO has its own articles. 23rd
Recommendation: is proposed to amend Article 21 of the bill passed in first reading as follows:
Article 21:
The schools and centers of Engineers, Architects and Related Professionals are corporations of a public nature, with its own legal heritage own, with all rights, duties and powers to bring the Act, Regulation, standards and professional ethics code, and its powers are:
- Be guardians of public interest and Advisers on matters within its competence. When the State requests assistance and the College Center or an opinion, it will be binding.
- Actively participate in hiring committees of projects, works and services associated with the professions to which this law contracts, to ensure the proper practice of Engineering, Architecture and Allied Professions, as well as the receipt the interests of the state budget.
- defend the interests General groups of occupations within them, and especially for the dignity, rights and the improvement of its members.
- Contribute to the continued increase and update the technical-scientific level of the members, their welfare and that of their families.
- Ensure surveillance decorum and proper exercise of the profession.
- Ensure that there is and remains a constant attention and interaction with organized communities, community councils and other forms of community organization for contributing to the solution of the problems associated with activities related to Engineering, Architecture and Professions Allied.
- To promote technical progress and science, through links with the community and in perfect harmony with the environment.
- Allow requests from public and private entities for the temporary exercise of the profession, as stipulated in Article 19 of this law, through OCEPRO the jurisdiction where the request is processed.
- Promote the formation of companies, associations, foundations, cooperatives and any other type of cluster associations which foster the undertaking of initiatives and professional development, all in accordance with laid down in the legal framework of the Bolivarian Republic of Venezuela .
- not develop partisan political activities or religious, or assume such attitudes expressed.
- Set the amount of the maintenance fee and any other lawful contributions by union members ..
Motivation: the broad wording of this section the provisions of current law and Reform Proposal. It also includes the concept of counsel, which now refers to the state as a permanent body. Also incorporates the concept of Allied Professionals. It also incorporates the role of links with the communities to give appropriate guidance on projects that they can run
NOTE: The article to which the proposal refers Twenty Reform first approved in first reading by the NA, corresponds to Article 24 of the Act in force, instead of Article 21.
24 th Recommendation: seeks to amend Article 22 of the reform approved in first reading by the National Assembly which in fact corresponds to Article 24 of the Act in force, in one (1) article and six (6) paragraphs, of as follows:
Article 22 .- The schools and centers have the following organs of direct and secret election:
1 .- Assembly of Representatives
Board
2 .- 3 .- 4 .-
Disciplinary Tribunal
Comptroller 5 .- Electoral Board
First Paragraph .-
The Assembly of Representatives is the highest, deliberative and authority of schools and centers in the country. Be composed of elected professionals in the number of fifty (50) at least more than one (1) additional representative for each one thousand (1,000) enrollees, who are elected by universal, direct and secret ballot, using the system of representation proportional. The powers and functions are to be met in accordance with the relevant regulations to be established for this purpose. Second Paragraph
.- The Board is the highest executive and administrative body of Colleges and Schools. Shall consist of seven (7) core members. The President, Vice-President, Treasurer, Secretary and three members elected by universal, direct and secret ballot, using the proportional representation system. The powers and functions shall be provided in the regulations for the establishment of the effect. The President shall be the legal representative of the College, may delegate the permission of the Board. Third Paragraph
.-
The Disciplinary Tribunal is the body responsible for hearing and deciding on the complaints brought against members of Associations and Centres for violation of this Act and its regulations as well as violations of the Code of Professional Ethics. Also, are responsible for preventing, investigating and punishing those professionals who contracts this law for acts that undermine public ethics and morality. Have functional autonomy and shall consist of five (5) core members. The President, Vice-President, Secretary and two (2) Members, elected by universal, direct and secret ballot, using the proportional representation system. The powers and functions shall be provided in the regulations for the establishment of the effect.
Fourth Paragraph:
The Comptroller is the body which is responsible for supervision and control of budgetary and financial management of schools and centers, and research of those facts that undermine the sound management of its assets. The designation of the owner is done through the House of Representatives, and will require the affirmative vote of two thirds (2 / 3) of its members. The functions and operation are in accordance with standing orders made in this regard. Five .- Paragraph
The Electoral Board is to establish regulations for the election of officers of the schools and centers of Engineers, Architects and Allied, in accordance with the provisions of the electoral legislation of the Venezuelan state. The conformation numerical appointment of its members and its operation will be in accordance with the regulations for that purpose established by the Assembly of Representatives. Sixth .- Paragraph
Advisory Council is created as advisers to the bodies of Colleges and Schools. Be comprised of the presidents of schools and centers (formerly Centers and Sectional) and may be extended at the discretion of the Boards of Colleges and Schools.
Motivation: In order to maintain the standard of active participation, through direct secret ballot of union members establishing the oversight body for the election of the different levels of management and discussion and the administrative control and ensure the ethics and morality in the exercise of the profession.
Since in following items were considered issues relating to social security is the reason which excludes "FONPRES."
It includes an advisory body called "Advisory Board" for each college or center, due to the experience you have in the current Center Zulia State Engineers' CIDEZ. "
25 th RECOMMENDATION: is proposed to modify the content of Chapter VIII "Social Security" reform approved in first reading by the National Assembly as follows:
CHAPTER VIII
WELFARE SYSTEM
Article
Creation of the Social Security System (SPS) of the Engineers, Architects and Related Professionals in order to ensure social and economic welfare of union members and their families. This system will cover all professionals who are duly registered and solvent in each of the Colleges and Schools. Shall have legal personality and own patrimony. Its headquarters is in Caracas, establishing offices in the Colleges and Schools. This system will provide timely appropriate means to meet contingencies arising from temporary disability or permanent partial or total and old age or death and the creation of plans and comprehensive health programs, also will encourage banks and savings cooperatives, retirement plans and / or retirement, pensions, insurance, house purchases and generally any other activity that allows you to meet The essential purpose of their existence. First Paragraph
.
may associate and / or promote partnerships with other entities of recognized competence and reliability in the industry, as well as creating the Social Studies Unit (ESU), attached to each branch of the system in schools and centers, in order to ensure socioeconomic conditions and health of union members and their families. Operation and powers will be accordance with the provisions of the regulations for that purpose to develop the General Assembly of the SPS. Second Paragraph
.- Engineers, Architects and Related Professionals and their families, enjoy the benefits of the welfare system only if those are solvents with the College or Center to which they belong. Shall be exempt from this provision to justify the unionized insolvency, the report of the Social Studies Unit (ESU) and approval of the Board of Directors of the respective college or center.
Article
The Social Security System shall have a Board, elected by direct secret ballot and will last three (03) years and may be reelected. Will consist of seven (7) members, with the following positions: President, Vice President, Secretary, Treasurer and three (3) Members. The same shall submit annually to the General Assembly of the Social Security System for consideration and approval, the operating budget as well as memory and account management. The Board shall meet at least once a month.
Article
The General Assembly shall be the supreme governing body of the Social Security System, have a Board of five (05) members who shall be elected by the Assembly itself for a period of three (03) years between the Presidents of the Regional Delegations of the system. It ordinarily meet twice a year and extraordinarily when convened by the majority of the Board or when requested by twenty-five percent (25%) of its members and will have among its duties and functions as follows:
- know and approve the budget annual performance, which will be submitted by the Board of the SPS in the span of the last quarter of the year immediately preceding his application.
- know and approve the annual reports and accounts of the SPS, which must be submitted by the Board in the first quarter of each year.
- Learn, discuss and approve projects and social development plans, housing, health and any other aimed at improving socio-economic members.
- Give approval to the institutional arrangements to promote the Board in order to meet the aims and purposes of the SPS.
- Designating the System Controller by the favorable vote of two thirds (2 / 3) of its members and based on criteria established in the regulations to be developed for this purpose.
- Approve and amend the Operating Rules and other normative and functional special character.
- publish annually in a national daily financial statements and other instruments necessary verification that demonstrate the economic - financial system.
Sole Paragraph.
The General Assembly of the SPS will be made as follows:
° at members of the Board of the SPS;
° at Presidents of Associations and Centres of Engineers, Architects and Related Professionals, and
° at Presidents SPS Regional Offices.
Article
Regional Offices are created Social Security System Engineers, Architects and Related Professionals in each location where work or Centre College. Operation and powers shall be specified in the regulations adopted for that purpose General Assembly. Article
Heritage Social Security System (SPS) will consist of: a.
- The rate for the registration of the union members in the Colleges and Schools.
b. - The ordinary and extraordinary contributions through the monthly maintenance of the members of the Colleges and Schools. C.
- Contributions assigned to the Federation through its Board of Governors.
d. - The benefits that result in the recruitment of collective or individual safety and other legitimate commercial business. E.
- Contributions or gifts that make its members or any other persons or entities, public or private. F.
- The proceeds of assets or securities which hath System Capitals or reserve funds. G.
- gains or profits arising out of special services.
MOTIVATION: It creates a real Social Security system, with features federated single, centralized in order to optimize the benefits of non-dispersion of many "provident fund" regional or local. Regional Offices are created the system, which have the functions to implement the guidelines issued by the SPS and ensure continued interaction with union members and their families. Establishing a Social Studies Unit (ESU) which is the equivalent of the Social Development Division, stated the amendment passed in 1 st discussion by the NA
26 th RECOMMENDATION: is proposed to modify the content of Chapter IX adopted at first reading by the National Assembly as follows:
IX
OF THE FEDERATION OF SCHOOLS AND CENTRES ENGINEERS, ARCHITECTS AND PROFESSIONAL PURPOSES. Article
Creation of the Federation of Associations and Centres of Engineers, Architects and Related Professionals of the Bolivarian Republic of Venezuela, hereinafter called "The Federation", which is composed of the existing schools and centers and those who constitute . It will have a union and professional legal and equity capital and will be based in the capital of the Republic.
Article
The Federation will promote the personal, technical exchange, scientific, cultural, social and sports among its members and also between these and communities. Its funds come from the contributions of schools and centers for their contributions and other donations are determined by those public and private entities.
Article
up to the Federation
1 .- To establish the Code of Professional Ethics that ensures the dignity of the exercise of the profession and the public esteem that it deserves.
2 .- Maintain control of the numeric the titles of Engineers, Architects and Related Professionals, for which remains the existing numbering of the former College of Engineers of Venezuela. 3 .-
urge schools and centers to contribute to the creation of standards for the best defense of the honor, dignity and decorum of the profession. 4 .-
Mediate disputes between the Schools, Centres and between them and their members.
5 - Collaborate on an academic and scientific institutions concerned with the study of engineering, architecture and related professions. 6.-
Promote events through the schools and centers, in order to strengthen the professional skills of its members in such a how to guide public opinion about the benefits arising from the exercise of Engineering, Architecture and Allied Professions. 7 .- Foster
cultural exchanges and scientific academies and professional associations and institutes of higher education and abroad.
8.-Work with schools and centers on the creation of appropriate physical space for the operation of the Social Security System and everything concerning the establishment of this system. 9.-Support
Colleges and Schools in the recruitment of socio-economic conditions with the public and private entities for the welfare of its members.
10 .- Develop in conjunction with the Schools Centers and Procedure, and all those rules and procedures for its proper functioning.
11 .- To establish in conjunction with the schools and centers the minimum wage which should receive consideration for their services, Engineers, Architects and Related Professionals who work in both public and private management, cooperatives and any association productive Tab Minimum Fee for professionals in the free exercise and the amount of the fee and registration of title. Article
bodies of the Federation are:
1.-The Supreme Council
2 .- The Executive Committee
3 .- Court of Appeals. 4 .- The Comptroller
5.-The Social Security System.
Article
The Superior Council of the Federation shall be composed of the presidents of the colleges and the regional centers of the country and the Executive Committee of the Federation.
Sole Paragraph -
The Superior Council and decide on matters relating to the Federation, set out in this Act and others that point out the Internal Regulations of the same.
Article
The Federation's Executive Committee is the administrative body. Work in the capital of the Republic shall consist of seven (7) members, to be known as: President, Vice-President, Treasurer, Secretary, and three (3) Members, their alternates. The President shall be the legal representative, may delegate the permission of the Board. The temporary absence of the President will fill the Vice-President and Treasurer thereof and so on with other key positions, down to the alternates, if applicable. Any misconduct of any manager's will supply the alternate.
The election of the Executive Committee of the Federation shall be at such time in which elections are held in schools and centers of Engineers, Architects and Related Professionals. Shall hold office for two (2) years. Shall be elected by direct secret vote of the members, applying the method of proportional representation as indicated in the Rules of Procedure and Electoral Regulations.
Article
The Court of Appeals will have functional autonomy. Know the causes that raise union members for consideration and have been known and addressed by the disciplinary court of the respective Schools and Centres. Also know of disputes occurred between them. Will consist of five (5) members who shall be elected by direct universal suffrage and secret ballot for union members the Federation and implement proportional representation. Its operation shall be consistent with the regulations for that purpose to develop the Tribunal. Article
Comptroller is the body which corresponds to the oversight, budgetary and financial management of the organs of the Federation, and the investigation of all acts contrary to good management of their heritage. The owner and his alternate shall be chosen by universal suffrage, direct and secret ballot for union members to the Federation. Its operation shall be in accordance with the rules established for that purpose the Supreme Council of the Federation.
Article
To become a member of the Court of Appeals and the Comptroller General of the Federation requires:
· have more than twenty (20) years and listed on the National Register of Engineers, Architects and Related Professionals.
• To be solvent with maintenance fees of the College or Center to which it belongs
Do not have been penalized with final decision by the Disciplinary Tribunal of the College Center or endorsed by the Court of Appeal of The Federation.
.
Article
The Social Security System Engineers, Architects and Related Professionals, will be governed by the provisions of this Act, the rules of procedure and other regulations issued to regulate the structure and function.
MOTIVATION: From the way it exposes more clearly established with regard to the Federation of Associations and Centres of Engineers, Architects and Related Professionals. It is proposed that the capital of the Republic to host the Federation, being the seat of the national public authorities. It proposes an administrative and functional integration is more in line with union organizational structure. It is proposed to the Court of Appeals instead of the Higher Disciplinary Court, under which he will have very different functions to a disciplinary body. It was concluded that social welfare should be central among other advantages to exploit the concept of "Economy of Scale."
27 th RECOMMENDATION: is proposed to amend Rule 41 of the reform approved in first reading by the National Assembly as follows:
Article:
Each College and Department of Engineers, Architects and Related Professionals exist and operate an office Care Communities (OFAC) attached to the OCEPRO, which will include core functions of advising, a legally authorized bodies of organized communities in the projects that are within the competence of the professions to which contracts this Act OCEPRO develop the rules in this regard.
Motivation: is clarified and explicitly exposes the object and purpose of this article, which is the attention to the organized communities, giving the Office of Professional Practice Control (OCEPRO) of schools and centers that power .
28 th RECOMMENDATION: We propose the deletion of Article 42 of the reform approved in first reading by the NA, because its content, spirit, purpose and rationale are provided in the Constitution of the Bolivarian Republic of Venezuela and the Law environmental laws.
Motivation: For obvious reasons.
29 th Recommendation:
It is proposed in Chapter XI, the content of Articles 43 and 44 approved on first reading by the National Assembly as follows:
CHAPTER XI
THE YEAR ILLEGAL OCCUPATION
Article
exert illegally: a.
- People without owning the respective title deal making or public or private services under this Act subject to the same professional contracts. B.
- The professionals referred to this law, without having registered with the Federation, the schools and centers, of the entity or have been allowed, are advertised as such or the acts or providing service activities to which this Act contracts
c. - Professionals who were hired under the provisions of this Act, exceed the limits in their permits. D.
- Holders exercising collegial specialties which do not authorize the title or the Certificate of Professional Practice (CEP) issued by the Office of Professional Practice Coordinator (OCEPRO). E.
- Holders collegial:
· Amparo its name to persons engaged in illegally.
· Apply to be suspended from the exercise.
° Know and abet the activities that go against good practice. F.
- About exercise of public office for which is required to be professional engineers and architects and allied professionals and are not properly registered with the Federation and the respective college or center or comply with the obligations under this Paragraph
law first. The public servants and professional associations should report to the college or center, all cases of illegal practice which they know, and any violation or breach of the provisions included in this law, its rules and code of ethics. Paragraph
second.
Any natural or legal person shall report to the College or Engineering Center, Architects and allied professionals of the relevant entity, cases could be characterized his view of illegal practice and action violates the provisions of this Law and its Regulations.
Motivation:
is summarized in one article, the content of Articles 43 and 44 of the reform proposal approved in first reading by the NA.
Article 44 is deleted from the phrase "disciplinary court" because they only have to hear cases of members, "who must practice the investigation" leading to investigation and verification of both the fact and guilt of the perpetrator " because allocation of schools and centers.
30 th. Recommendation:
is proposed to amend article 46 adopted on first reading by the National Assembly as follows:
Article 46.
The persons to be sanctioned for the purpose of this law are:
· Who are guilty of theft of securities.
· The holders or not, who committed illegal practice.
· The civil, commercial, cooperative and any other form of legally constituted association.
° civil servants or public employees who violate the provisions of this law.
Grounds.
Organization and reorganization.
31 st Recommendation: is proposed to amend articles 47, 48, 49, 50 and 51 approved on first reading by the NA and compile them into one (1) article and one (1) paragraph as follows:
article ...
are established the following penalties: a.
- Private reprimand by the Disciplinary Tribunal of the College or Center for the unionized to default on payment of compulsory contributions to this Act or its regulations established.
b. - public warning in the area of \u200b\u200bthe Center for College or who having been penalized with private reprimand are repeat breaches of its obligations. Are exempt from the application of this sanction, professionals who demonstrate that time insolvency, all in accordance with the provisions of Chapter VIII "Social Welfare System." C.
- Suspension of practice for the duration of the sentence to which he was sentenced by the courts of the Bolivarian Republic of Venezuela, so the professional firm that has violated the provisions of this law and that their actions cause damage to third parties.
d. - A fine of one thousand (1000) to two thousand (2000) Tax Units (TU), violations of Article 41 of this law. E.
- Fine of One Thousand (1000) to two thousand (2000) Tax Units (TU), the violations of Articles 7 and 8. F.
- Fine of One Thousand (1000) Ten Thousand (10000) Tax Units businesses and other legal entities that do not comply with the provisions relating to construction, installation and other work related to the provisions of this law, without prejudice to the civil penalties and / or criminal penalties that are applicable in case of neglect or harm to others. G.
- A fine of five hundred (500) a mil (1000) Tax Units (TU) to public or private employees that interfere with or impede the implementation of this Act or not complying with it.
pm - Fine of One Thousand (1000) Ten Thousand (10000) Tax Units by counterfeit securities, without prejudice to in the Penal Code.
i. - A fine of five hundred (500) to Three Thousand (3000) Tax Units (TU) for violation of copyright and intellectual property.
Paragraph: The Suspension of the exercise of a professional but do not cancel your registration must be placed by a marginal note in the Register of National Securities, Foreign or authorizations. In the Federation has responsibility to make known, that act, the schools and centers.
Motivation: is considered that the wording and order of the article are more clear and precise. The amendment increased the penalties values cash in order to make it more punitive.
32 nd Recommendation: is proposed to maintain the spirit, purpose and reason of the provisions of Chapter XI "Of the Technicians and Assistants" in Current Practice Act of Engineering, Architecture and Allied Professions and was recommended to change its content as follows: CHAPTER
...
TOP OF TECHNICAL AND SUPPORT
Article
The Higher Technical College and other graduates of University of Technology, Polytechnic among others, to develop activities subject to the professions to which this Act contracts, they will bajo la Supervisión de los Colegios y Centros de Ingenieros, Arquitectos y Profesiones Afines de la Republica Bolivariana de Venezuela. Un reglamento especial dispondrá todo lo concerniente a su afiliación y al régimen al cual se ajustaran sus actividades
Motivación: Como quiera que el cabal ejercicio de las Profesiones a las cuales se contrae esta Ley requieren del apoyo técnico de otras Profesiones Universitarias del nivel medio. Es por lo que se considera indispensable mantener el espíritu y propósito del legislador plasmado en este articulo.
33ª recomendación: Se propone ampliar el contenido del Capitulo XIV “ Disposiciones transitorias” de la Reforma approved in first reading by AN as follows: CHAPTER XIV
TRANSITIONAL FIRST:
remain unchanged the structure and functioning of all organs of national leadership, regional and local College of Engineers of Venezuela, its Centers and Sectional until elections are held to designate the respective owners of the new charges for the Federation bodies, schools and centers, and social welfare system under this Act and assume the positions for which they were elected.
SECOND:
maintain the current encoding is assigned by the former College of Engineers, Architects and Allied Professions de Venezuela (CIV).
THREE:
Pending adoption of the Rules of this Law, the Federation, the schools and centers as well as its management and administration, is governed by the Rules in force as applicable.
FOUR: Consisting
new organs of the Federation is committed to colleges and Sectional copy of the records of cases of application for registration under the purview of this Act also send a certified copy of the Record Books National Securities, Foreign and Authorization to each of the Colleges and Sectionals.
FIVE:
The Disciplinary Tribunal of the College of Engineers of Venezuela, entered the Disciplinary Court of each college or center, the case files until the enactment of this Act had been dealing.
SIX:
societies, associations, cooperatives and foundations of the present College of Engineers of Venezuela, will conform their laws to be necessary to this Act and its Regulations, in a period not exceeding ninety (90) days.
SEVEN:
Since the enactment of this Act, the assets of the Association of Engineers of Venezuela will become part of the heritage of each of the schools and centers of the States of the Republic, of the Metropolitan Districts and Island Territories if applicable.
The Federation shall have the physical space necessary for the proper functioning of their bodies, at the headquarters of the Association of Professional Engineers and Architects Allied Metropolitan District of the capital of the Republic
EIGHT:
is established within two (02 ) years from the enactment of this Act for Professionals to which it refers, to obtain the Certificate of Professional Practice (CEP), in accordance with the provisions of Chapter V and the regulations provided for that purpose.
NINTH:
The current Electoral College Council of Engineers of Venezuela must provide to the National Council Electoral (CNE) the updated database of members enrolled in the College of Engineers of Venezuela until the day of entry into force of this law (published in Official Gazette of the Bolivarian Republic of Venezuela) and any other information required by the CNE to organize within the next sixty (60) days of national and regional elections of all professionals to fill the elective office which will make and take possession before sixty (60) days following the holding of elections concerned.
TENTH:
shall become members of the Social Security System (SPS) The assets belonging to the Foundation FONPRES-CIV after the Assembly of Representatives of FONPRES-CIV decides to liquidate the
34 th Recommendation: is proposed to incorporate a second final provision reads as follows:
Proceed to print the full text of the reform LEIAPA including the articles of the current law as well as for reform in the order of chapters and articles.
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