The Infogobierno Law was published in Official Gazette No. 40.274 of October 17, 2013. Said Law establishes the principles, bases, and guidelines that govern the use of information technologies within the National Government and the Popular Power, in order to improve the performance of public functions and the services provided to the individuals. It also establishes the contributions to be made by the legal persons indicated in the same. The most significant aspects of this Law are the following:
The following are subject to the application of the Law: the entities that exercise the National, State, and Municipal Government, those that exercise the government in the metropolitan districts, federal entities, national, state and municipal public institutes and public institutes of the metropolitan districts, the Venezuelan Central Bank, public universities, and other persons of public law, the organizations and forms of organizations of the Popular Power, the companies of any nature whatsoever, foundations, enterprises, civil associations, natural or legal persons, and others established by the law.
The Law states that the National Government in the exercise of its competence must use the information technologies in its internal performance, in the relationships among the entities of the State that form the same, in its relationships with the individuals and with the Popular Power.
The National Council for the Use of Information Technologies in the National Government is created. Also, the National Commission of Information Technologies is created.
The Law establishes that all legal persons the purpose of which is the importation, distribution, and commercialization of exclusive software for the National Government will pay to the National Commission of Technologies two point five percent (2.5%) of the net profit of the fiscal year. Likewise, all persons rendering services of exclusive software for the National Government will pay a contribution of one point five percent (1.5) of the net profit of the fiscal year. These amounts must be paid within ninety (90) days following the end of the fiscal year and they will be deducted from the payment of Income Tax.
The Law also establishes that the entity of the National Government and Popular Power authorized to acquire, use, and update an exclusive software must pay a special contribution to the National Fund of Science, Technology, and Innovation ranging between five percent (5%) and ten percent (10%) of the value of acquisition of the exclusive software, within the fiscal year of the acquisition of the program. Also, the entity of the National Government and Popular Power must pay a special contribution to the National Fund of Science, Technology, and Innovation, ranging between five percent (5%) and ten percent (10%) of the value corresponding to the expenses associated to the support and use of the exclusive software. These contributions must be made until the exclusive software is substituted by a free software and with open standards.
Decree No. 3.390 of December 23, 2004, published in Official Gazette No. 38.095 of December 28, 2004 was repealed. Chapter I of Title III and Title V of the Decree with the Status, Value and Force of Law on Access and Electronic Exchange of Data, Information and Documents among the Entities of the State, published in Official Gazette No. 39.945 of June 15, 2012, are repealed.
This Law will become effective ten (10) months after its publication in the Official Gazette.
In order to access the Law, please click here.
“NOTE: THIS INFORMATION SHOULD NOT BE CONSTRUED AS LEGAL ADVICE ON ANY SPECIFIC MATTER AND ITS CONTENT ARE INTENDED AS A MANAGEMENT ALERT AS TO CURRENT DEVELOPMENTS IN VENEZUELA, ANY SPECIFIC LEGAL QUESTIONS REGARDING THE POSSIBLE APPLICATION OF NEW OR PROPOSED LEGISLATION TO PARTICULAR SITUATIONS SHOULD BE ADDRESSED TO TRAVIESO EVANS ARRIA RENGEL & PAZ.”