ARTICLES
CHAPTER I General Provisions.
Article1. The exercise of Engineering, Architecture and related professions are governed by the provisions of this Act, its Regulations and Code of Ethics.
Article 2. The offices of the public shall refrain from acting on applications and to take any kind of procedure for the implementation of professional work or works that do not meet the requirements of this Act and its Regulations.
officials and employees involved in such applications or proceedings be liable for breach of this provision.
Article 3. The professions to which this law is not an industry and therefore may not be encumbered by patents or commercial or industrial taxes. CHAPTER II
From the Pros.
Article 4. They are professionals for the purposes of this Act, the Engineers and Architects who have obtained or validated in Venezuela their degrees and have completed the requirement in Article 18 regarding the registration thereof.
Article 5. Also considered professional graduates abroad for education institutes accredited higher engineering specialties or the architecture of which there are no equivalent titles in the country, according to national universities, where such titles have been recognized by them and have fulfilled the requirement in Article 18 regarding the registration thereof.
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 of Engineers and Architects of Venezuela. CHAPTER III
The use of title.
Article 7. The use of own titles professionals to contracts of this Act shall be subject to the following considerations:
The terms "Engineer or Engineer" and "Architect or Architect" are reserved exclusively for professionals to whom this law is concerned, adding the largest debiéndose accurately as possible, where appropriate, the classification of the specialty, so there is no possibility of error or doubt about it.
On the behalf of corporations, civil societies etc. for profit shall not include the names of engineers or architects, if all its members not enrolled in school for Engineers and Architects.
Article 8. It is considered theft of the securities covered by this law, besides the cases mentioned in the Penal Code, the use by people who do not have terms, legends, logos, drawings and other expressions which may be inferred from the idea practice.
constitute aggravating for the purposes of this article, the use of means of publicity or propaganda. CHAPTER IV
professional practice.
Article 9. Is practicing his profession and the responsibilities of, any of the activities that require the training provided by higher education and are specific to the professions to get this law, as determined by law.
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Article 10. Technical documents such as: as technical studies, blueprints, technical drawings, projects, consulting, technical consulting, appraisals, expert, expertise, planning and operating schemes of works and engineering services, technical reports, drawings, maps, drawings, programs, software, calculations, estimates and valuations with all schedules, sketches, drafts, preliminary and final studies, management, supervision, inspections, residential, coordination and site management, procurement of necessary goods for works and / or process engineering or related services, operation, maintenance and repair them, and teaching of Engineering and Architecture, are copyrighted by their authors, therefore, no natural or legal person may make use of them without the consent of the author, unless otherwise specified.
Article 11. For any technical documents referred to in the preceding article may have some effect in any office or public administration so that its contents can be carried into execution in whole or in part for any person or public or private entity must be submitted to the offices Administrative College of Engineers and Architects for approval. The regulations will establish the rules of the visa. CHAPTER V
the limitations and incompatibilities.
Article 12. No professional may exercise but the specialty for which we have expressly authorized the title it has.
Article 13. Professionals referred to this law that public officials carry out national, state or city may not exercise particular occupational activities or having links with business interests when such activities or links relate to the functions of the positions they hold. Exceptions activities of a teacher.
Article 14.: All buildings, facilities and professional work related to contracts of this Act shall be undertaken with the participation of professionals required to ensure effectiveness, technical accuracy and safety of the works. Professionals should refrain from providing their professional contest when this provision is not satisfactorily fulfilled and no longer abide the measures they suggest for this purpose.
Staff Associations of Engineers and Architects, carry out any inspection that it considers relevant to ensure that any work is started within its jurisdiction comply with this provision may punish if demonstrated that failure to professionals involved in the violation of this law and / or the company responsible for executing the work and even ask the municipal authority the suspension of the work itself.
Article 15. The natural or juridical persons who intend to design or works of any technical nature for public or private entities, shall appoint to them as a Technical Representative practitioner who will discuss technical issues to the government offices responsible for granting the corresponding permisería and respond to any call to make this administration in everything related to that work. The document to this representation must be endorsed by the College of selected professional affiliation.
Article 16. In the various aspects of the project and implementation of buildings, installations and work, the participation of professionals should be clearly defined for the purposes of defining your own risk.
Article 17. During the execution of works, the owner should put it in place and clearly visible to the public, a poster containing a) The name of the work and that of the owner or builder. b) The name of the professional designated technical representative, c) The name of the professional designated as resident engineer, who must be present during the execution of the work and respond to any inspection site or claim that it is will I need on it, d) The respective numbers of membership for the purposes of the preceding article e) Permits (numbers) that it's relevant authorities. CHAPTER VI
From the Registration of Titles.
Article 18. To exercise any of the activities regulated by this law, professional contracts she should register their respective titles at the College of Engineers and Architects of the State agency or home quien le dará curso de forma GRATUITA y expedita gestionando por ante la Federación de Colegios de Ingenieros y Arquitectos la asignación del Número del Colegio de Ingenieros y Arquitectos de Venezuela o “CIV”.
No podrán inscribir sus títulos los profesionales graduados en el exterior en cuyos países de origen no se permita el ejercicio de la profesión a los venezolanos, aún cuando hayan revalidado dichos títulos. Si la solicitud de inscripción fuere negada el afectado podrá apelar en sede administrativa por ante el Tribunal Disciplinario de la Federación de Colegios de Ingenieros y Arquitectos de Venezuela y en última instancia, en sede judicial por ante el Tribunal Supremo de Justicia dentro thirty days after receipt of the notifications.
Article 19. Will be exempt from the provisions of the preceding article, as well as the requirements of Articles 4 and 5, the professionals who graduated abroad who are recruited by colleges, businesses or government entities to provide specific services, as an accidental and given time, provided that the need for it is sufficiently proven to the Federation of Engineers and Architects of Venezuela, with a view to which it will issue the corresponding authorization. CHAPTER VII
Of the Colleges of Engineers and Architects
Article 20. In each of the states of the republic and in the metropolitan area, there will be a College of Engineers and Architects in the respective capital. There is also a center of Engineers and Architects in the capital of each municipality in which they reside or are domiciled no fewer than one hundred engineers and / or architect and requesting the establishment of this center, so it may become centers of Engineers and Architects as a conurbation of two or more municipalities. Each Center of Engineers and Architects may if it considers it necessary to create the delegations of the College of Engineers and Architects by parish or conurbation two or more parishes within their municipality.
Article 21. The College of Engineers and Architects of each state are public corporations, professionals with legal personality and its own, with all rights, duties and powers stipulated by this law, responsible for ensuring compliance with this Act, the Regulation and the rules and principles of professional ethics for its members, contribute to the continued increase and update the technical-scientific level of the members, their welfare and that of their families and ensure that it exists and is kept constant attention and interaction with organized communities for contributing to the solution of the problems they can present and which fall within the competence of the members.
also act as an advisory body of state at the national, state and municipal matters within its competence and in general, to defend the interests of engineering and architecture promoting technical progress and science, its relationship with the community and in perfect harmony and environmental care.
can not develop partisan political activities or religious, or assume such attitudes expressed.
Article 22. The College of Engineers and Architects will have the following organs: The Assembly, The Board, the Disciplinary Tribunal and the Social Welfare Fund (FONPRES).
The Assembly is the supreme governing body of each school.
The Board is the executive and administrative body and its president is also the chairman of the College and exercise the legal representation of it, with power to delegate the authorization of the board.
The Disciplinary Tribunal shall be the organ responsible for hearing and determine the causes of ethical and professional are in place against a guild member for alleged violations of this law and its regulations and the Code of Ethics of the Engineer and Architect except in cases of illegal practice of the profession. The disciplinary tribunal may delegate to the boards of the Centers for Engineers and Architects and delegations, the conduct of any lawsuits filed and the execution of sentences. CHAPTER VIII
Social Welfare
Article 23. The Social Welfare Fund of the Engineer and Architect (FONPRES), will be the fourth body to form the College of Engineers and Architects, which will have its own assets and will manage the funds for:
ensure social security for all union members in As for general and specialized medical services such as dental, ophthalmic, gynecological, etc.. and laws regardless of their employment status and solvency for the College. Ensure
Retirement members. Ensure
disability pensions and death benefits for members.
facilitate the acquisition of movable and immovable property interest-free loans and payment plans according to the economic opportunities and employment of unionized.
The regulations of this law determines the conditions and assumptions to enable union members to enjoy the benefits covered by this article.
Article 24. Establishing ADDRESS PLACEMENT as ascribed to FONPRES which will ensure the inclusion of of union members working in the field through study and continuous monitoring by personnel of the socio economic and unionized labor, seeking an optimal balance between supply and demand of jobs for professionals in engineering, architecture and related.
is also a function of this Division the constant interaction with government agencies as well as with public and private companies to monitor the proper occupation of positions reserved by this Act exclusively for professionals in engineering and architecture. This direction will be to advise, promote and encourage any form of trade 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.
Article 25. It is of great interest in this law the unemployment situation of union members as professionals working in this condition should be included in any training program or course that is rendered in such institution or outside it but with your sponsorship or sponsorship a rate of five percent (25%) of all participants.
In no circumstances will we be allowed to enter or enjoy social and cultural areas of facilities engineering colleges and architects for both unionized and his family and to exercise their right to elect or be elected to any office of the governing bodies of schools because of being insolvent with this.
Article 26. The professional as unemployed and had to enter the labor market on their own initiative and as a subordinate or associate shall engage in writing to this address by Proof of employment issued by the contracting company that describes the name or trade name of the same , address, Rif, date of entry, position and salary received within the first thirty days of hiring and dismissal letter also or waiver as appropriate accrediting him as unemployed.
In the case of entering the labor market in partnership in any of the forms of commercial companies under the Commercial Code and the Cooperatives Act, must provide leadership to this copy of the Articles of Incorporation of the company within the first thirty days after registration of the society. Failure to comply with this provision will give rise to civil penalties provided for in Article XX.
Article 27. After the entry of unionized labor market, it must agree with the direction the payment of arrears regardless of the payment of monthly income from the workforce.
Article 28. The College of Engineers and Architects through their CEOs, agree with the public and private companies as well as national government entities, state or municipal deduction of the monthly contribution of its unionized payroll and paid directly to the College secondment of unionized
Article 29. Any public or private or governmental entity that contracts directly and maintain on its payroll to professional engineering and architecture, will provide the greatest attention to the Social Visit from the Colleges of Engineers and Architects to order provide information on union members who work in them.
Article 30. Expressly prohibited the hiring of professional engineering and architecture are not collegiate and therefore the number of "CIV" is a prerequisite for engagement on pain of incurring the penalties provided in this Act apply to corporations and entities or public officials.
Article 31. In any bidding or contracting process between public or governmental entities and private companies will be required as a prerequisite for participation in this process, the solvency of the VIC, which must be requested by to the administrative offices of the Colleges of Engineers and Architects. This solvency
will notice the unionized workforce of the company working in either hired permanently, temporarily, directly or indirectly, contract, etc. in general who might participate in one form or another in the execution of the work or project to tender and their creditworthiness of Chambers of Engineers and Architects.
In the case of recruitment of professionals referred to this article after receiving the bid of the contract or start the work or project, the public or government contracting shall not give effect to payments of assessments until it is presented the list engineers or architects employed and their respective clearances.
Article 32. Establishing the Social Development Office as an agency attached to FONPRES which is responsible for ensuring improved quality of life of the unionized, their families and communities organized.
This e seek to improve the living standards of unionized implementing plans to ensure the leisure and recreation with his family, the enjoyment of decent housing, medical, dental, legal, insurance against disability or death, old age pensions and other plans that result in social welfare and family unionized including savings.
In communities concerning this address through the Office of Care for Communities (OFAC) referred to in Article 41 will establish sufficient ties and relations with organized communities and community councils in each municipality to object provide advice on solving technical problems that they tabled, based on technical committees formed by professional engineers and architects nominated by the Bureau of Placement.
This address should organize and conduct at least a quarterly meeting organized communities and community councils to assess the linkage, the support and progress in improving the quality of life for themselves.
Article 33. Establishing the Academic and body attached to FONPRES which is responsible for ensuring the improvement of scientific and technological level and cultural of the members, to coordinate with the Federation of Engineers of Venezuela dictation of the specialist, postgraduate, doctoral and postdocs, 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 technical and professional engineers and architects. It will always have preference to unemployed professionals.
Article 34. The funds necessary to cover the operating costs of each College of Engineers and Architects will come from the monthly contributions of every unionized, the visa fees for projects and other documents to be processed, revenue for events that will be undertaken and other legal income. Timely cancellation rates and fees is mandatory. CHAPTER IX
From the Federation of Engineers and Architects of Venezuela.
Article 35. The Federation of Engineers and Architects of Venezuela is composed of the College of Engineers and Architects in the country. Will only trade union and professional character, legal status and own patrimony.
Article 36. The Federation of Engineers and Architects will encourage the exchange of technical, scientific, cultural, social and sports among his confederates as well as between these and communities both Venezuelan and foreign.
Article 37. The Federation of Engineers and Architects of Venezuela will have its permanent headquarters in the city of Coro, Falcon state capital and the first capital of the Republic of Venezuela, in honor of the Bicentennial arrival in Venezuela with the first National Flag of the famous forefather Venezuelan Francisco de Miranda.
Article 38. Corresponds to the Federation of Engineers and Architects of Venezuela:
1, establish the rules of professional ethics and disciplinary measures to ensure the dignity of the practice of engineering, architecture and related professions, and the estimate that they deserve.
2 ° solve any conflicts that may arise between the College of Engineers and Architects.
3 ° Coordinate activities between the College of Engineers and Architects.
4 ° Working with the institutions concerned with the study of engineering, architecture and related professions to achieve the best teaching and dissemination of these sciences and to ensure perfection in the application of science and technology in the Venezuelan state.
5 ° Publish a Magazine as well as a Web page that serves as a body for better dissemination of studies and scientific and technical progress both nationally and globally.
6 ° To promote, organize or sponsor events on scientific-technical, cultural, social, sports, etc. nationally such as: conferences, congresses, exhibitions, courses, Internal Games, World Championships, etc. to strengthen the professional skills of members and to guide communities and public and private institutions, university of the benefits arising from the application in the environment of the topics covered in these events.
7 ° To maintain a bibliography and technical and scientific publications and abroad.
8 ° promote technical exchanges, scientific and cultural organizations and academic institutions and domestic and overseas.
9 ° Coordinate with academic addresses of all schools of engineers and architects in the country and the Ministry of Higher Education to dictate everything about their own offices or in places they agreed specialization and Graduate Studies, doctoral and postdoctoral.
10 ° Implement the most appropriate means of social security to ensure the welfare of the unionized professional and their families. Record
11 ° degrees of university graduates to enroll them and assign a corresponding number of "CIV".
Article 39. The organs of the Federation of Engineers and Architects:
The Board, comprising the Presidents of all Chambers of Engineers and Architects of the country and chaired alternately by one of them elected by their peers for a year each for a total of two electoral period. Disciplinary Tribunal Superior
formed by a Chairman, a Secretary and three Principals.
Article 40. Are the following elected positions:
Presidents and other members of the governing boards of schools and centers of Engineers and Architects in the country.
The President and other members of the disciplinary tribunals of both the College of Engineers and Architects of each state as the Federation.
members of the Boards of Colleges and Centers for Engineers and Architects in the country.
Presidents and other members of the board of the Social Welfare Fund of the College of Engineers and Architects of each state. CHAPTER X
De
Linking with Communities
Article 41. In each school, Central and Delegation of Engineers and Architects must exist and operate an Office of Care for Communities (OFAC) which will be addressed in receiving reports of technical problems within the competence of engineering and architecture in an advisory capacity seeking the solution of the problems and / or channel by before the competent authority or agency of the same solution. Social Development Division through this office will be responsible for handling all matters relating to the communities.
Article 42. It is the duty of every professional engineer, architecture and related subjects, to avoid any damage or degradation of the environment, rivers, lakes, forests, flora, fauna, etc.. as well as ensuring that the works constructed impact as little as possible to the ecosystem and / or harmony with nature, therefore, this criterion must always prevail in the design stage of any project or work. For any work capable of degrading the environment, you must have the corresponding environmental impact study. The Ministry of Environment and Renewable Natural Resources will not competent to exercise control over these activities. Failure to observe this rule will result in sanctions to the professionals involved.
CHAPTER XI
the illegal practice of the profession
Article 43. Illegally exercising the professions of engineering and architecture:
People without owning the respective title are concerned with acts or provide public services or private reserve this law practitioners to the same contracts.
holders professionals referred to this law, without having registered with the Federation of Engineers and Architects of Venezuela or have been authorized by it, are advertised as such or the acts or providing services in their own activities .
-holders who were hired in accordance with Article 19 of this law, exceed the limits set for their performance.
collegiate holders exercising specialties which do not authorize the title they hold.
holders extend their competitive collegiate career with their names or harboring persons engaged in illegally, or exercise during the time for which they were suspended or cover business activities which are offered or illegal act in matters pertaining to the professions referred to this law.
Article 44. The public servants and professional associations should report to the Disciplinary Court of the Colleges of Engineers and Architects all cases of illegal practice or any other breach or failure to comply with the provisions included in this law, its rules and code of professional ethics that they know, who must practice the steps leading to investigation and verification of both the fact and the author's guilt.
Article 45. Illegality in the practice is independent of the validity under the law are the acts performed. CHAPTER XII
From
Penalties Article 46. The persons to be sanctioned for the purpose of this law are:
People who are guilty of theft of securities.
People who hold or not incurred in the performance illegal.
civil societies, companies, cooperatives and public officials or employees.
Article 47. Violations of this law, its rules and code of ethics will be punished by law as follows:
fine of three hundred to five hundred units proportional tax or arrest those who still hold or do not engage in illegal practice of the profession.
Suspension of exercise of the profession for up to five years for repeat offenders of professional associations in the illegal practice.
fine of one thousand to two thousand tax units to commercial companies of any type that infringe on the use of titles.
fine of ten thousand thousand tax units to companies or individuals who violate the provisions relating to buildings and works.
fine of three hundred to five hundred units or imprisonment proportional tax officials or public employees that interfere with or impede the implementation of this Act or not complying with it. Counterfeiting titles
be punished as provided in the Penal Code.
Article 48. Criminal penalties are enforced by the courts as appropriate. The proceeds from fines will go to the National Treasury and the procedure is set out for misdemeanors in that code.
article 49. Disciplinary sanctions will apply to the professional associations for violations of this law, its rules not covered in Article 47, or breach of code of professional engineers and architects.
Article 50. Disciplinary measures include:
Warning or wake up call.
private reprimand. Censorship
public.
Suspension of exercise of the profession of one month to one year, depending on the degree of fault and depending on whether or not there was a recurrence or aggravation of discipline.
Article 51. Disciplinary sanctions shall be applied by the disciplinary tribunal of the College concerned. Of the decisions of the appeal court there before the Disciplinary Tribunal of the Federation of Engineers and Architects of Venezuela. The decisions of this Court only the appeal lodged in respect of public censure and suspension of the exercise, within ten days from the date of receipt of the notification, for which the Tribunal will be constituted with respective alternates.
Article 52. The application of sanctions under this law does not preclude the exercise of other civil penalties, criminal or administrative proceedings that may arise.
CHAPTER XIII Transitional Provisions.
Article 53. They keep all the organs of national and regional direction until national elections are held to elect new office holders and the new administration takes office.
Article 54. The current national electoral commission must provide to the National Electoral Council 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 to organize the national electoral agency within sixty days and national elections all regional professionals to fill the elective office which should be made and possession before the one hundred twenty days after the date of enactment of this reform.
CHAPTER XIV FINAL PROVISIONS.
Article 55. This act shall take effect from the date of its publication in the Official Gazette of the Bolivarian Republic of Venezuela and from that date is repealed Practice Act of Engineering, Architecture and Allied Professions first day of January one thousand nine hundred fifty-nine and any other provision contrary to this law.
Commission 
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