REPORT FOR SECOND DISCUSSION DRAFT LAW REFORM OF FINANCIAL ENGINEERING, ARCHITECTURE AND ALLIED PROFESSIONS Caracas April 15, 2009
CONSULTATION AUGUST 2008 / JANUARY 2009
First: In accordance with Article 208 of the Constitution of the Bolivarian Republic of Venezuela present the explanatory memorandum of the reform for the purposes of its consideration of this Plenary: Statement of Reasons
Reform Project
LAW PRACTICE OF ENGINEERING, ARCHITECTURE AND ALLIED PROFESSIONS
With the entry into force of the Constitution of the Bolivarian Republic of Venezuela on 1 January 2000, has distinguished the democratic and republican history before and after this important date that has set a new path in the economic, political, social and legal Venezuelan State for the benefit of all who live there both domestic and foreign. Charter
As it is, our Constitution sets the course of each and every one of the existing laws and those derived from it, so that the hard legislative work regarding the adequacy of those laws that conflict with their assumptions and Principles have been compelling, aside from the creation of another to pick up the spirit, purpose and reason why the Constitution was developed.
The current Law on the Practice of Engineering, Architecture and Allied Professions whose existence dates from 1 January 1959 could not be excluded from the winds of change brought about by the new Constitution of the Bolivarian Republic of Venezuela, so many articles, should be amended to place this legal instrument, to serve the needs of today's demanding professionals she reflected, as well as the quality and technical development intellectual product of these emanate, to be of service
the Venezuelan people and the nation at large as the most legitimate recipient of this important intellectual expression and thus contribute to the final solution of technical problems that overwhelm and which are absolute competence of Engineers, Engineers, Architects, Architects and Related Professionals.
This reform aims to improve the quality of life of professionals and their families, to promote the professional development and academic members; ensure the lawful exercise of Engineering, Architecture and Allied Professions; decentralize union activity by the Federation. Reduce unemployment
professional members; help in solving technical problems of the communities to be closely linked to the communal councils.
This reform partially repeal the current law, modifying and / or eliminated some of its articles and adding others, so as to cause the update and is consonant with the Constitution of the Republic Bolivariana de Venezuela. It is expected that its scope goes beyond what mere technical and / or academic to include also social, not only in terms of unionized and their families, but also the community which is ultimately to whom are professionals in engineering, architecture and related careers, to begin their training with vocation and social conscience, whose course is not just the technique, the calculation, but also the human face, including satisfaction and thus increasing the quality of life of recipients technique, such as the Venezuelan people.
The content of this reform includes fifty-seven articles, developed in fifteen chapters of which is the incorporation of Social Benefit Fund of Professional Engineering, Architecture and Allied Professions, creation of the Federation of Engineers, Engineers, Architects, Architects and allied professionals, a body that will make cultural exchanges and scientists to the members and to provide information and advanced technical education, as well as the creation of the Office of Attention to the Communities, which allow the union to approach organized communities and community councils, for technical advice as required.
Since March 2006 opened a national debate convened colleagues Engineers, Engineers, Architects, Architects and Related Professionals in every state in the country to consider key issues affecting the practice of these areas of knowledge. It addressed issues such as the illegal practice of the profession, unemployment of the members, the social security system and aspects of economic autonomy of colleges and national centers, overcrowding, untying with communities, elections for election of officers objective and transparent as it was at that point to the conclusion (among others) that it was imperative to change the ancient law of exercise of Engineering, Architecture and Professions Allied which does not include the true interests of the members, their families, the community and therefore the nation.
So from then opened a national consultation process by each state to begin the discussion and development of the draft law reform exercise of Engineering, Architecture and Allied Professions, which offers both regular and correct the deviations in
Structural Organization and most importantly social security of unionized and their families, presents such a law.
So after several referendums in social parlamanterismo street across the country, most recently in Caracas, Universidad Simón Headquarters Bolivar, on November 4, 2008, presented the draft amendments to the plenary of the National Assembly, to be considered and approved on second reading.
Second: Amend the name of the Act in order to adapt to the reform, as follows:
DRAFT LAW REFORM OF FINANCIAL ENGINEERING, ARCHITECTURE AND ALLIED PROFESSIONS
Third It is proposed to amend Article 1 of the Applicable Law as follows:
Article1. The exercise of Engineering, Architecture and Allied Professions is governed by the rules laid down in this Act, its Regulations and Code of Ethics.
Fourth: It is proposing to amend Article 4 of the Applicable Law as follows:
Article 4. They are professionals for the purposes of this Act, Engineers, Engineers, Architects, Architects and Related Professionals, who have obtained or validated in Venezuela
their degrees and have completed the requirement in Article 18, concerning the registration of themselves.
related professionals are also considered for the purposes of this law, those graduates of Technical University Institute of Technology and Advanced Techniques, Technologists and Technologists, whose specialty has been under consideration of the Federation of Engineers, Engineers, Architects, Architects and allied professionals, and approved by majority vote of the Board.
Article 5. Also considered professional graduates abroad for higher education institutes accredited specialties of Engineering, Architecture and Allied Professionals, of which there are no equivalent titles in the country to view national universities, provided that such certificates have been recognized by them, and have fulfilled the requirement in Article 18.
Fifth: Proposed amendment of article 6 of Law Effective as follows:
Article 6. Professional activities which enables each title will be determined by the Ministry of Higher Education, the report of the National Council of Universities (CNU) and the Federation of Engineers, Engineers, Architects, Architects and Related Professionals of Venezuela (FCIAPAV) .
Sixth: It is proposed amending Article 7 of the Applicable Law 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:
Names Engineer, Engineer, Architect, Architect and Allied Professionals, 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 companies, civil unions, etc. for profit shall not include the names of Engineer, Engineer, Architect, Architect and related professionals, if all its members not enrolled in school for Engineers, Engineers, Architects, Architects and Related Professionals of Venezuela (CIAPAV).
are exempted from this provision foreign companies or their subsidiaries, whose activities in the country is limited to cultural, for which the corresponding authorization request to the respective College.
Article 8. It is considered theft of the securities covered by this Act, in addition to 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 implied by the idea practice.
constitute aggravating for the purposes of this article, the use of means of publicity or propaganda. Seventh
: Amend Chapter IV, under the name Professional Practice and Intellectual Property. CHAPTER IV
the practice and Intellectual Property
Article 9. Is practicing his profession and the responsibilities of, any of the activities that require the training provided by higher education and of the professions are to be contracted this Act as determined by law.
Eighth: We propose amending Article 10 of the Applicable Law as follows:
Article 10. Technical documents such as technical studies
, blueprints, technical drawings, plans, consultation, technical advice, appraisals, expert, expertise, planning and operating schemes of works and engineering services, technical reports, designs, drawings, maps, sketches, drawings, and computer software (software), calculations, quotations and assessments with all attachments, drafts, preliminary and final studies, management, supervision, inspections, residential, coordination and site management, procurement of goods necessary for the works and / or process engineering or related services, operation, maintenance and repair them, and the practice of teaching
Engineering, Architecture and Allied Professions, are copyrighted by their authors, therefore, no natural or legal person may use them without the consent of the author, unless otherwise specified.
Ninth: It is proposed amending Article 11 of the Applicable Law as follows:
Article 11. For any technical documents referred to in the preceding article, may have some effect in any office of public
administration, or its contents may be carried into execution in whole or in part for any person, public or private, must be submitted with the signature of its author, professional of the respective specialty, sufficiently established to the administrative offices of the College of Engineers, Engineers, Architects, Architects and Related Professionals, for approval. The regulations will establish the rules of the visa.
Article 12. No professional may exercise but the specialty for which we have expressly authorized the title it has.
Tenth: We propose amending Article 13 of the Applicable Law as follows:
Article 13. Professionals referred to this Act that public officials perform national, state or city may not exercise particular occupational activities or having links with commercial interests when such activities or links relate to the functions of the positions they hold. The exception of an educational activity. Eleventh
: Proposal to delete the name of Chapter VI of the buildings, facilities and jobs, this does not include delete articles. Twelfth
: Proposed amendment of article 14 of Law Effective as follows:
Article 14.: Execution of projects in any of the specialties of engineering, architecture and related professions, related professionals to contracts of this Act shall be performed with the participation of professionals required to ensure proper performance, technical accuracy, effectiveness 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, Engineers, Architects, Architects and Related Professionals, may make any inspection that it considers appropriate to ensure that any work is started within its jurisdiction comply with this provision, and may punish if demonstrated that Failure to professionals involved in the violation of this Act and / or the company responsible to execute the work and even ask the municipal authority the suspension of the work itself. Thirteen
: Proposed amendment of article 15 of Law Effective as follows:
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 professional TECHNICAL REPRESENTATIVE
in exercise of the relevant specialty, who will discuss technical matters to the offices public administration in charge of granting the permits for and respond to any call that then that authority in all matters related to this work. The document to this representation, it must be endorsed by the professional selected to the College of the institution where the work is executed.
Article 16. In the various aspects of the project and implementation of buildings, installations and work, the participation of professionals should be clearly determined for the purpose of defining its responsibility. Fourteenth
: Proposed amendment of article 17 of Law Effective as follows:
Article 17. During the execution of a work, the owner runs it or who need to put in place and clearly visible to the public, a poster containing a) The name of the work and its owner and builder. b) The name of the professional designated technical representative, c) The name of the designated professional RESIDENT ENGINEER OR ENGINEERING, 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.
Fifteenth: It is proposed as Chapter VI that related to the Registration of Titles which they occupied on the nomenclature VII Governing Law. CHAPTER VI
of the Registration of Titles. Sixteenth
: Proposed amendment of article 18 of Law Effective as follows:
Article 18. To exercise any of the activities regulated by this Law, the professional she is contracted, should register their respective titles at the College of Engineers, Engineers, Architects, Architects and allied professionals in Venezuela (CIAPAV) State Authority of their institution or domicile, who will give you FREE courses and expeditiously, by managing to the Federation of Engineers, Engineers, Architects, Architects and allied professionals in Venezuela, the allocation of the number that registered and accredited as a registered member.
not able to register their securities professionals overseas graduates whose home countries do not allow the exercise of the profession to Venezuelans, even if they have validated those securities. If the application for registration was denied the affected party may appeal in administrative proceedings before the Disciplinary Tribunal for the Federation of Engineers, Engineers, Architects, Architects and allied professionals in Venezuela and ultimately, in court by the Supreme Court of Justice within thirty (30) working days receipt of notifications. Seventeenth
: Proposed amendment of article 19 of the Act in force in the following terms:
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, Engineers, Architects, Architects and Professions Allied Venezuela, with a view to which it will issue the corresponding authorization. Eighteenth
: content is proposed to remove Article 20 of the Act in force for the parameters considered in this article referred to in Article 19. Nineteen
: Amend Chapter VIII, Chapter VII Now, under the name of the College of Engineers, Engineers, Architects, Architects and Related Professionals. CHAPTER VII
Of the Schools of Engineering, Engineers, Architects, Architects and Related Professionals
Twenty: It is proposed to include new content Article 20 of the current law and change their position within Chapter VII, as follows:
Article 20. In each of the States of the Republic and in the metropolitan area, there will be a College of Engineering, Engineers, Architects, Architects and Related Professionals in the respective capital. There is also a center of Engineers, Engineers, Architects, Architects and Related Professionals in the capital of each municipality (except in the capital city municipality) in which they reside or are domiciled no fewer than five hundred (500) Engineers, Engineers , Architects, Architects and Related Professionals, and signed by request a number greater than 10 percent (10%) to apply to college in your state or metropolitan area capital, the establishment of this center. It also may become centers of Engineers, Engineers, Architects, Architects and Related Professionals and conurbation of two or more municipalities.
Twenty First: Proposed amendment of article 21 of Law Effective as follows:
Article 21. The schools and centers of Engineers, Engineers, Architects, Architects and Related Professionals in every state, are corporations of a public nature, with legal personality and its own, with all rights, duties and powers specified in this Law, its Regulations and the rules and principles of professional ethics of its members. Should contribute to the continued increase and update the technical-scientific level of the members, their welfare and that of their families. Ensure that there is and remains a constant attention and interaction with organized communities, community councils and other forms of popular organization and / or Community to contribute towards solving the problems that may arise and are related to activities related to Engineering, Architecture and Allied Professions, subject to this Act
also act as an advisory body Venezuelan State, in matters within its competence. Defend the general interests of Engineering, Architecture and Allied Professions, promoting technical progress and science. Contribute to the works and projects are developed in perfect harmony and environmental care.
can not develop partisan political activities or religious, or assume such attitudes expressed.
Twenty Second: It is proposed amending Article 22 of the Applicable Law as follows:
Article 22. The Colleges of Engineering, Engineers, Architects, Architects and Related Professionals, have the following organs: The Assembly of Representatives The Board, the Disciplinary Tribunal and the Social Welfare Fund (FONPRES).
First Paragraph: The Assembly of Representatives is the highest deliberative and authority of each school and center of the country, be composed of elected union members in the number of fifty (50) as a minimum, plus one (01) additional representative for each one thousand (1000) registered professionals, which will be elected by direct secret ballot, using the proportional representation system. The powers and functions will be fulfilled in accordance with the provisions of the Regulations for that purpose will be created.
Paragraph Two: The Board Directive is the highest executive and administrative body of each school and center, and its Chairman is also the chairman or chairwoman of the school or center and shall be the legal representative thereof, with power to delegate the permission of the full board . Shall consist of seven (07) core members, namely: President * Vice President, Treasurer or Treasurer, Secretary or Secretary-three (03) members, elected by direct secret ballot, using the proportional representation system. The powers and functions will be fulfilled in accordance with the provisions of the regulations to this effect will be created.
Third Paragraph: The Disciplinary Tribunal shall be the organ responsible for hearing and determine the causes of ethical and professional, to be filed against a guild member for alleged violations of this Act and its Regulations and Code of Ethics of the Engineer, Engineer , Architect, Architect and Allied Professionals, except in cases of illegal practice of the profession. Have autonomy and shall consist of five (05) core members, namely: President * Vice President, Secretary or Secretary and two (02) members, all elected by direct secret ballot, using the proportional representation system. The powers and functions will be fulfilled in accordance with the provisions of the Regulations for that purpose will be created.
The disciplinary tribunal may delegate to the governing boards of schools and centers of Engineers, Engineers, Architects and Architects and Related Professionals and delegations, the conduct of any lawsuits filed and the execution of sentences.
Fourth Paragraph: The centers of Engineers, Engineers, Architects, Architects and Related Professionals will have the same organs and / or structure except the Bar Disciplinary Tribunal, which only exist in them.
Twenty Third Chapter is proposed to include a again, which sets the guidelines of the Social Welfare Fund (FONPRES) Engineers, Engineers, Architects, Architects and allied professionals, in order to give a special regulatory framework for social security of these professionals. In this sense from this chapter changes the contents of the following items with respect to the Applicable Law. The name of the chapter to read as follows: CHAPTER VIII
Social Welfare
Twenty Fourth: It is proposed to include a new article to the nomenclature 23, which establishes the principle of the Provident Fund Social, in the following terms:
Article 23. The Social Welfare Fund (FONPRES), will be the fourth body to form the College of Engineers, Engineers, Architects, Architects and Related Professionals and one for the Centers which will own assets and will manage the funds for:
ensure social security for all union members to be properly registered and recorded, and solvents in terms of general and specialized medical services such as dental, ophthalmic, gynecological, etc.. and legal, regardless of employment status and solvency for the College. Ensure
Retirement of the 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.
First Paragraph: The FONPRES shall have a Board, elected by direct secret ballot. This board will consist of five (05) core members, namely: President * Vice President, Secretary or Secretary and two (02) members.
The same must be filed within the first month of each year to the House of Representatives for consideration, modification and / or approval, the operating budget, as well as memory and account management. The Board shall meet at least once each month.
Paragraph Two: Engineers, Engineers, Architects, Architects and Related Professionals will enjoy the benefits of the welfare system while they are solvents with the college or school concerned, with extensive coverage to family members and workers from each college or center. Shall be exempt from this provision to justify the unionized insolvency before the final report of the Directorate of Social Development and approval of the Board of FONPRES.
The regulations of this law determines the conditions and assumptions to enable union members to enjoy the benefits covered by this article.
Twenty-Fifth: It is proposed to include a new article to the nomenclature 24, which creates PLACEMENT ADDRESS,
body attached to the bottom for the purpose of ensuring the employment of members. Article reads as follows:
Article 24. Establishing ADDRESS PLACEMENT as ascribed to FONPRES which is responsible for seeking the inclusion 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 Allied Professions.
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, Architecture and Allied Professions. This direction 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 job worthy and sufficient for economic development, social work and with their families.
Twenty-Sixth: It is proposed to include a new article to the nomenclature 25, which establishes the obligation to issue technical refresher courses for professionals unemployed, article reads as follows:
Article 25. Unionized professionals who are in state unemployment or underemployment, 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 total participants.
In no case will be denied entry or enjoy the social, sporting and cultural facilities of the colleges or schools of Engineers, Engineers, Architects, Architects and Related Professionals, both union members and his family. And to exercise their right to elect or be elected to any office of the governing bodies of schools by the fact of insolvency with this.
Twenty-Seventh: It is proposed to include a new article to the nomenclature 26, which establishes the obligation to report to the College's incorporation into a job without the intervention of the Bureau of Loans, by the professional members. Article reads as follows:
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 Working Proof issued by the contracting company, which describes the name or trade name of the same, address, Rif, date of entry, position and salary received, within the first thirty (30) days of hire. The guild member is obligated to notify promptly the new situation, to regularize their union obligations. As well as present Charter voluntary or forced retirement, as appropriate accrediting him as unemployed.
In the case of entering the labor market in partnership in some of the forms of commercial companies under the Commercial Code and the Law on Cooperatives; must provide a copy to this address of the Constitutive Act of the company, within the first thirty (30) days after registration of the same. Failure to comply with this provision will give rise to civil penalties provided for in Article 46 of the present Law
Twenty-Eighth: It is proposed to include a new article to the nomenclature 27, which establishes the obligation to pay fees unionized by the Directorate of Loans, drawn as follows:
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. The monthly maintenance fee is set at 0.5 tax units for all union members in colleges or centers of Engineers, Engineers, Architects, Architects and Associations in Venezuela.
Twenty Ninth: It is proposed to include a new article to the nomenclature 28, which determines the payment of dues by union members to the Department of Loans, reads as follows terms:
Article 28. The Colleges of Engineering, Engineers, Architects, Architects and Related Professionals, through their Chief Executives, agree with the public and private companies as well as national government entities, state or municipal deduction of the monthly contribution of unionized payroll and paid directly to the College of assigning unionized. Thirty
: Proposes to include a new article to the nomenclature 29, which establishes the obligation of employers to supply information to the visitors unionized social, reads as follows:
Article 29. Any public or private or governmental entity that engages, directly or indirectly, keeping on the payroll professionals Engineering, Architecture and Allied Professions, you must give the utmost attention to social visits outside the Social Development Division each college or center, in order to provide information of a professional nature and work, about union members who provide services to them. The use of this information will be directed exclusively to the protection of union rights enshrined in the law. Its use for political or detrimental to individual freedom and free enterprise will be punish those responsible. Thirty
First, is proposed to include a new article to the nomenclature 30, which sets ban on employing non-professional colleges, reads as follows:
Article 30. Expressly prohibited the recruitment of engineering professionals, Architecture and Allied Professions, which are not chartered as the number of "CIAPAV" is a prerequisite for engagement on pain of incurring the penalties provided in this Act applicable to corporations, entities or public officials.
Thirty-Second: It is proposed include a new article to the nomenclature 31, which establishes the creditworthiness of CIAPAV to the bidding process:
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 CIAPAV solvency, which must be requested and processed before its acquisition by the administrative offices of the Schools and Centres secondment. 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 one way or another in the execution of the work or project to tender and their individual solvency.
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 of Engineers, Engineers, Architects, Architects and Related Professionals hired and their clearances. Thirty
Third: It is proposed a new article to the nomenclature 32, which created the Social Development Office, reads as follows:
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.
Regarding communities, this address through Office of the Community Care (OFAC) referred to Article 41 of this Law will establish sufficient ties and relations with organized communities and community councils in each municipality in order to provide advice on the solution of technical problems that they tabled, based on technical committees formed by professionals of Engineering, Architecture and Allied Professions, nominated by the Office of Placement.
This address should organize and conduct at least a quarterly meeting organized communities and community councils to assess the linkage, support and advances in improving the quality of life for themselves.
XXXIV: Proposes to include a new article to the nomenclature 33, which created the Academic, reads as follows:
Article 33. Establishing the Academic and organ of the Board which is responsible for ensuring the improvement of scientific and technological level and cultural of the members, to coordinate with the Federation of Engineers, Engineers, Architects, Architects and Related Professionals; the dictates of professional development courses, specialization courses, postgraduate, doctoral and post-docs, to promote all type of event 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, Engineers, Architects, Architects and Related Professionals. It will always have preference to unemployed professionals.
Thirty-Fifth: It is proposed to include a new article to the nomenclature 34, which establishes the contribution for financing the fund, reads as follows:
Article 34. The funds needed to cover costs performance of each college or center of Engineers, Engineers, Architects, Architects and Related Professionals, come from the monthly contributions of each guild member who is registered and incorporated, the visa fees for projects and other documents to be processed, income for events that will be undertaken and other lawful income. Timely cancellation rates and fees is mandatory.
Thirty-Sixth: It is proposed to include a new chapter, which created the Federation of Engineers, Engineers, Architects, Architects and Related Professionals of Venezuela (FCIAPAV) reads as follows: CHAPTER IX
Of the Federation of Engineers, Engineers, Architects, Architects and Related Professionals in Venezuela.
Thirty-Seventh: It is proposed to include a new article to the nomenclature 35, which establishes the organization of the Federation of Schools
Engineers, Engineers, Architects, Architects and Related Professionals of Venezuela (FCIAPAV), reads as follows :
Article 35. The Federation of Engineers, Engineers, Architects, Architects and Related Professionals of Venezuela (FCIAPAV) is composed of the College of Engineers, Engineers, Architects, Architects and Associations in Venezuela in the country. Will be exclusively union and professional, legal personality and own patrimony.
Thirty Eighth: It is proposed to include a new article to the nomenclature 36, which establishes the objectives of the confederation, reads as follows:
Article 36. The Federation of Engineers, Engineers, Architects, Architects Associations in Venezuela and promote the exchange of technical, scientific, cultural, social and sports among all its members Confederates as well as between them, their families, workers and employees of schools and centers, and communities both Venezuelan and foreign.
Thirty-Ninth: It is proposed to include a new article to the nomenclature 37, in which the seat of the Federation, reads as follows:
Article 37. The Federation of Engineers, Engineers, Architects, Architects and Associations in Venezuela will have its permanent headquarters in Caracas, capital of the Bolivarian Republic of Venezuela. Forty
: Proposes to include a new article to the nomenclature 38, which establishes the obligations of the Federation, reads as follows:
Article 38. Corresponds the Federation of Engineers, Engineers, Architects, Architects and Associations in Venezuela:
1 ° Set the Code of Ethics and disciplinary measures to ensure the dignity of the practice of engineering, architecture and related professions, and estimate that they deserve.
2 ° solve any conflicts that may arise between the College and / or Centers of Engineers, Engineers, Architects, Architects and Related Professionals.
3 ° Coordinate activities between the College and / or Centers of Engineers, Engineers, Architects, Architects and Related Professionals, from all over the country.
4 ° Working with the institutions concerned with the study engineering, architecture and related professions for the best teaching and dissemination of these sciences and to ensure perfection in the application of science and technology in the Venezuelan state.
5 ° Create WEB page, publish magazines and other printed media, radio, audiovisual, electronic or otherwise, serve as a vehicle for disseminating best for 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, championships, etc. to enrich the knowledge of professional 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 the Colleges of Engineering, Engineers, Architects, Architects and Related Professionals in the country and the Ministry of Higher Education to dictate everything about their own offices or in places they agree specialized studies as postgraduate, doctoral and post-doctorates.
10 ° Implement the most appropriate means of social security to ensure the welfare of the unionized professional and their families.
11 ° Record the titles of university graduates and Technology Institutes and Technical College to enroll them and assign a corresponding number of "CIAPAV." Forty
First, is proposed to include a new article to the nomenclature 39, which establishes the structure of the Federation reads as follows:
Article 39. The organs of the Federation of Engineers, Engineers, Architects, Architects and Related Professionals:
1 ª The Board of Directors, composed of the Chairpersons of all the Colleges of Engineering, Engineers, Architects, Architects and Related Professionals in the country and chaired unionized by a professional who may or may not belong to the council, who will turn the President of the Federation of Engineers, Engineers, Architects, Architects and Related Professionals, elected in her womb by an absolute majority, after listing of at least three (03) nominations. Preside for a (01) years at least, can be ratified as president for a maximum of three (03) years after approval of the annual report and accounts of their work, by an absolute majority of the members of the Board, in the first month of each year. If memory is not approved and has the President of the Federation and Chairman or President of the Board, will be revoked from office in the same act and a maximum of fifteen (15) days shall be elected from the same as described above, a new President of the Federation, who performs his duties the day after his election. 2 nd
Disciplinary Tribunal Superior formed by a (01) Chairman or President, one (01) Secretary or Secretary and three (03) Principals. Will serve as an appeals court, with functional autonomy and know the causes than any unionized submitted to it, and has been known and previously resolved by a court or school disciplinary center in any state or metropolitan area in the country.
Disciplinary Tribunal members will be chosen by an absolute majority of the Chairmen of the Disciplinary Tribunal of each school and central Somalia, after listing at least three (03) nominations for each position. The duration is three (03) years and may be dismissed from their positions after serving half of the period, in joint session and by an absolute majority of the Board and the Chairmen of the Disciplinary Tribunals schools.
The election of office bearers of the Federation of Engineers, Engineers, Architects, Architects and Related Professionals, will be subject to verification of quorum or majority. In the absence of this, will be convened another session with the same unique purpose within the seven (07) days, and ultimately not to give the corresponding quorum, shall call a third and final session in to be selected positions outlined above, with the absolute majority of members attending the ceremony. Any Vice-President will address the lack or absence of the President fifteen (15) minutes after the scheduled time to install the session.
Paragraph: If elected President of the Federation, a President of the College, will perform both functions, but in meetings of the Board of Directors, the position of President of the College, will be replaced by his Vice President Vice President.
Forty-Second: It is proposed to include a new article to the nomenclature 40, which establishes the objectives of the confederation, reads as follows:
Article 40. Are charges of direct and secret election of the following:
members of the Boards of the Schools and Centres of Engineers, Engineers, Architects, Architects and Related Professionals; the country.
The Chairpersons and other members of the governing boards of schools and centers of Engineers, Engineers, Architects, Architects and Related Professionals; the country.
The President and other members of the Disciplinary Tribunal of the schools and centers of Engineers, Engineers, Architects, Architects and Related Professionals, in each state. The
Chairpersons and other members of the Board of Social Welfare Fund of the Colleges of Engineering, Engineers, Architects, Architects and Related Professionals, in each state.
All charges of direct and secret election, will be three (03) years in a row being able to apply in the following election periods.
Forty Third: It is proposed to include a new chapter called Bonding with Communities, reads as follows: CHAPTER X
Bonding with Communities
Forty
Fourth: It is proposed to include a new article to the nomenclature 41, which created the Office of Care for Communities (OFAC), reads as follows:
Article 41. In each school and center of Engineers, Engineers, Architects, Architects and Related Professionals, must exist and operate an Office of Care for Communities (OFAC). Being able to set up similar offices dependent upon it in every community that need attention, which will be responsible for receiving and processing complaints, complaints or observations of non-conformity to technical problems within the competence of Engineering, Architecture and Allied Professions, and according to advise, seeking the solution of the problems and / or channel through to the competent authority or agency of the same solution.
The Department of Social Development through this office will be responsible for handling all matters relating to the communities.
Forty-Fifth: It is proposed to include a new article 42 in the nomenclature which makes it compulsory for all union members to preserve the environment, reads as follows:
Article 42. It is the duty of every professional in Engineering, Architecture and Allied Professions, prevent 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, and 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 People's Ministry for the Environment (MINAMB) shall be competent to exercise control over these activities. Failure to observe this rule will result in sanctions to the professionals involved.
Forty-Sixth: It is proposed to include a new chapter, entitled The Illegal Practice Profession, reads as follows: CHAPTER XI
the illegal practice of the profession
Forty Seventh: Amend Article 26 of Law Effective changing its nomenclature to 43, reads as follows :
Article 43. Illegally exercising the professions of Engineering, Architecture and Allied Professions:
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 which has been recorded and registered and have the respective numbers of membership in the Federation of Engineers, Engineers, Architects, Architects and Associations in Venezuela or have been authorized by it, are advertised as such or the acts or providing services in their own activities them.
-holders who were hired in accordance with Article 19 of the Act, 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 business activities or cover offered or illegal act in matters pertaining to the professions covered by this law. Forty-Eighth
: Amend Article 27 of Law Effective changing its nomenclature to 44, reads as follows:
Article 44. The public servants and professional associations should report to the Disciplinary Court of the Colleges of Engineering, Engineers, Architects, Architects and Related Professionals, all cases of illegal practice or any other breach or failure to comply with the provisions contained in this Act, Regulations and the Code of Ethics With professional knowledge, who should practice the steps leading to investigation and verification of both the fact and the author's guilt. Forty-Ninth
: Amend Article 28 of Law Effective changing its nomenclature to 45, reads as follows:
Article 45. Illegality in the practice is independent of the validity under the law are the acts performed. Fifty
: Amends Chapter nomenclature of the penalties, as follows: CHAPTER XII
Of Sanctions
Fifty
First: It is proposed to amend Article 29 of Law Effective changing its nomenclature to 46, reads as follows:
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, who committed the illegal practice.
Persons who have committed a breach of its duties to notify and report their new work situation.
civil societies, companies, cooperatives and public officials or employees. Fifty-Second
: Amend Article 30 of Law Effective changing its nomenclature to 47, reads as follows:
Article 47. Violations of this law, its rules and code of ethics will be punished by law as follows:
fine of three hundred (300) five hundred (500) 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 (05) years of professional associations which repeat the illegal practice.
fine of one thousand (1000) to two (2000) thousand tax units to commercial companies of any type that infringe on the use of titles.
fine of thousand to ten 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.
The Federation of Engineers, Engineers, Architects, Architects and Associations in Venezuela, ensure intellectual property rights, which are covered by this Act, the penalties will be specified in the Regulations.
Fifty-Third: Amend Article 31 of Law Effective changing its nomenclature to 48, reads as follows:
Article 48. Criminal penalties are enforced by the courts as appropriate. The proceeds from fines will go to the Social Welfare Fund (FONPRES) College of Assignment of unionized fined and the procedure is set out for misdemeanors in that code.
Fifty-Fourth: Amend Article 32 of Law Effective changing its nomenclature to 49, reads as follows:
Article 49. Be disciplined those applicable to professional associations for violations of this Act, the Regulations do not fall under Article 47 or for breaching the Code of Professional Ethics for Engineers, Engineers, Architects, Architects and Related Professionals.
Fifty-Fifth: Amend Article 33 of Law Effective changing its nomenclature to 50, reads as follows:
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 failure and as whether or not there recidivism aggravating or indiscipline. Fifty-Sixth
: Amend Article 34 of Law Effective changing its nomenclature to 51, reads as follows:
Article 51. Disciplinary measures will be implemented by the respective College Disciplinary Tribunal. The decisions of the appeal court there before the Supreme Disciplinary Court of the Federation of Associations of Engineers, Engineers, Architects, Architects and Associations in 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 shall consist of respective alternates. Fifty-Seventh
: Amend Article 35 of the current law which changed its nomenclature to 52, reads as follows:
Article 52. The application of sanctions under this law does not preclude the exercise of other civil, criminal or administrative proceedings that may arise.
Fifty Eight: Chapter XI is eliminated and the articles of the law in force relating to the technicians and assistants: Fifty-Ninth
: Creation a new Chapter including the Repeal:
CHAPTER XIII Repeal. Sixty
: It includes a new article to the nomenclature 53, corresponding to Repeal:
Article 53 repealed all those articles and provisions of the Law Practice of Engineering, Architecture and Allied Professions, published the first January 1959 that contradict this reform, as well as any other provision contrary to this Act LXI
: Amend Chapter XII of the Applicable Law, now Chapter XIV, under the name Transitory Provisions.
CHAPTER XIV Transitional Provisions
Sixty Second: It includes a new article to the nomenclature 54, which establishes the temporary management bodies:
Article 54: We keep all national governing bodies regional until national elections are held to elect new office holders and the new administration takes office.
Sixty Third, a new article is included with the nomenclature 55, which will establish obligations to the electoral commission:
Article 55. The commission Current national election, must provide to the National Electoral Council, the database of current members enrolled in the College of Engineers of Venezuela (CIV current) until the day of enactment of this Act (Publication in Official Gazette Bolivarian Republic of Venezuela) and any other information required so that the national electoral agency, set within the next sixty (60) days, the regional elections in the country, of all professionals to fill the elected positions. Electoral process to be carried out before the one hundred twenty (120) days following the date of enactment of this reform. As well as possession charges in the respective elected members in this process.
Sixty Four: It includes a new Article 56 with the nomenclature for the creation of the National Commission for the drafting of new Rules of Procedure and the National Commission for Decentralization:
Article 56. Possessions in the new administration office, no later than thirty (30) days, shall comply with the following committees:
National Commission for the drafting of new Rules of Procedure, which will be approved within a period not to exceed thirty (30 ) days, and will allow the appointment and operational and administrative functioning of the new directors or new directors. In the next sixty (60) days, this committee should draft a Regulation of the Law Practice of Engineering, Architecture and Allied Professions, who shall be subject to the approval of the National Assembly within a period not exceeding one hundred eighty days counted from the date of enactment of this Act (published in Official Gazette of the Bolivarian Republic of Venezuela). For all purposes, while the proposed concrete drafting and adoption of the new Rules of Procedure, shall remain in effect the current regulation.
National Decentralization Committee is responsible for the quantification and liquidation of the assets of the former College of Engineers of Venezuela (CIV), and forfeited to each School and Center.
Any matters not provided for in the current rules of procedure and in order to apply the law, can be discussed, approved and executed in a joint session of the organs of the Federation of Engineers, Engineers, Architects, Architects and Related Professionals . Sixty-Fifth
: Amend Chapter XIII of the Applicable Law, now Chapter XV, under the name Final Disposal. CHAPTER XV
Disposal
Sixty Six: It includes a new article to the nomenclature 57, described as Final Disposition:
Article 57: This act shall take effect from the date of its publication in the Official Gazette of the Bolivarian Republic of Venezuela.
