Law of Simplification of Administrative Formalities
The Decree with the Status, Value, and Force of Law of Simplification of Administrative Formalities, issued by the Presidency of the Republic, was published in Official Gazette No. 6,149 Extraordinary of November 18, 2014 (the “Decree-Law”) and it was later published again in Official Gazette No. 40.549 of November 26, 2014 due to faults in the originals.
The purpose of this Decree-Law is to establish the principles and bases according to which the administrative formalities to be carried out before the Public Administration will be simplified. The entities subject to the application of the Decree-Law are all the agencies and entities of the National, State, and Municipal Public Administration. The Decree-Law imposes on all entities and agencies of the public administration the duty to simplify, rationalize, and optimize the formalities within their competence, following the guidelines established in the plans for simplification of administrative formalities, the presumption of good faith in favor of the individual carrying out the relevant formality, the simplification of the means of proof, the manner in which the officers of the public administration are to provide services at the time of compliance with an administrative formality, and the creation of the National System of Administrative Formalities formed by the group of public policies, strategies, agencies and entities, procedures, physical and electronic archives, technological platforms, and information technology systems, applied to administrative formalities.
Following are some of the most important aspects of the Decree-Law: (i) the national unified authority may act on its own initiative and eliminate or suppress unnecessary authorizations or excessive requests, by means of a general ruling, with a previous notification given to the entity; (ii) the agencies and entities of the Public Administration may not request copies of the identity card as a requirement for carrying out a specific formality, except for the cases expressly established in the Decree-Law; (iii) the national unified authority for administrative formalities may establish the necessary rules for the availability and exchange of information among agencies and entities of the Public Administration, and it may even proceed with the centralization of the information or data bases when it does not affect the security of the information and the rights of the individuals, and (iv) the agencies and entities of the Public Administration may create offices at which the formalities of different agencies or entities may be simultaneously carried out; to that end, the (Ventanillas Únicas Institucional e Interinstitucional - “Institutional and Interinstitutional Single Desks”) will be created.
Also, the Decree-Law creates the Instituto Nacional para la Gestión Eficiente de Trámites y Permisos (“INGETYP” - National Institute for the Efficient Management of Formalities and Permits), which will act as national authority for administrative formalities. This Institute will have legal personality and its own patrimony. Its competence and powers include (i) to execute and develop the national policy for administrative formalities on the basis of the strategic lines issued by the National Executive; (ii) to establish the criteria and procedures for simplification of formalities and permits; (iii) to issue general rules to be obligatorily complied with by the agencies and entities of the public administration; (iv) to eliminate and suppress upon its own initiative the unnecessary requirements and permits at the entities or agencies of the public administration that do not conform to this Decree-Law and (v) to formulate the strategic lines and coordinate the agencies and entities of the Public Administration, specifically in all matters related to the National System of Administrative Formalities, among others.
Finally, the Sole Repealing Provision repeals Decree No. 6,265 of July 22, 2008, published in Official Gazette of the Bolivarian Republic of Venezuela No. 5,891 Extraordinary of July 31, 2008, whereby the Decree with the Status, Value and Force of Law of Simplification of Administrative Formalities was issued.
The Decree-Law became effective as from November 26, 2014.
In order to access the Decree-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.”