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Law on Registry and Enlistment for the Nation’s Integral Defense

The Law on Registry and Enlistment for the Nation’s Integral Defense (the “Law”) was published in Official Gazette No. 40.440 of June 25, 2014. The purpose of the Law is to regulate the registry and enlistment for the defense, security and integral development of the Nation, according to the Constitution of the Republic and other laws governing the matter. The provisions contained in the Law are applicable to natural-born and naturalized Venezuelans of the relevant age group, to legal persons, public and private entities; and to the civil or military authorities with responsibility in the processes of registration and enlistment. For purposes of the registration, the relevant age group comprises the age between eighteen and sixty years old. Such persons will be subject to registration. For purposes of doing the military service, the age between eighteen and thirty years old is established.

 

The Law prescribes that the natural persons of the relevant age group and the legal persons must be registered with and their data must be updated at the Registry for Integral Defense, through the military circumscription or municipal or parish registry office that is closest to their residence or domicile. The documentation required for registration or updating will be determined in the regulations to the Law. The natural persons of the relevant age group must be registered within a period of sixty (60) days following the date when they turn eighteen. The legal persons must be registered and their data must be updated within a period of sixty (60) days following the date of their formalization at the corresponding registry.

 

The public or private agencies and entities must demand as an essential requirement for inclusion in the payroll or for hiring, the certificate of registration of the natural person with the Registry for Integral Defense or the certificate evidencing that the military service was done.  The Law establishes that the legal persons must file their certificate of registration with the Registry for Integral Defense in order to process the obtainment of the labor clearance certificate required by the relevant law.

 

The legal persons that fail to comply with the registration and/or updating of the Registry for Integral Defense in the periods of time prescribed in the Law will be penalized with a fine ranging between fifty Tax Units (50 TU) and one hundred and fifty Tax Units (150 TU), without prejudice to the other relevant administrative penalties. The repeated failure to comply with the rules on updating of the data of legal persons at the Registry for Integral Defense will entail fines ranging between one hundred and fifty Tax Units (150 TU) and three hundred and fifty Tax Units (350 UT).

 

The Military Conscription Law, published in Official Gazette No. 39.553 of November 16, 2010, was repealed. The Law became effective upon 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."