LAW NO. 21,044 CREATES THE GENERAL DIRECTION OF CONCESSIONS OF PUBLIC WORKS Having present that the National Congress has given its approval to the following Bill: " Article 1.-Enter the following amendments in the Organic Law of the Ministry of Public Works, contained in the decree with force of law N ° 850, 1997, of the Ministry of Public Works: 1. Eliminate point (g) of Article 14. 2. Incorporate the following Articles 22a, 22b and 22c, new: " Article 22a.-Create the General Directorate of Concessions of Public Works, dependent on the Ministry of Public Works, which will have as its object the execution, repair, maintenance, conservation and exploitation of public works in accordance with Article 87, and the provision of equipment or the provision of associated services in accordance with the Supreme Decree No 900, 1996, of the Ministry of Works Public, which fixes the recast, coordinated and systematized text of the decree with law force N ° 164, 1991, Ministry of Public Works, Public Works Concessions Law, as well as the audit of due compliance with the legal and administrative rules applicable to concession contracts, without prejudice to other functions entrusted to him by the laws. The General Directorate of Concessions of Public Works will be a service that will be affected to the System of High Public Direction established in Title VI of Law No. 19,882. The General Directorate of Concessions of Public Works shall be in charge of a Director General, who shall have the quality of a senior public executive, in accordance with the rules contained in Title VI of Law No 19,882, and shall be under the authority of the Minister of Public Works. The personnel of the General Directorate of Public Works Concessions shall be governed by the provisions of Law No. 18,834 on Administrative Statute, the consolidated, coordinated and systematized text of which was established by the decree with force of law No. 29, of the Ministry of Finance, and in the field of remuneration, by the rules of Decree Law No. 249 of 1974 and its supplementary legislation. Article 22b.-In order to comply with its object, the following functions and functions shall be the responsibility of the Director General of Concessions of Public Works: (a) Submit to the approval of the Minister of Public Works the proposal for implementation, repair, maintenance, conservation or exploitation of public works by the system governed by Article 87 and the Public Works Concessions Law. The Minister of Public Works will submit to the approval of the President of the Republic the proposal, which must have a report from the Ministry of Finance. For the exercise of this faculty, it may require the other operational addresses of the Ministry of Public Works to provide technical advice on works that are subject to the system of public works concessions. b) To direct and coordinate the General Directorate of Concessions of Public Works and its divisions and the internal organization of the latter. c) Represent for all legal effects the General Directorate of Public Works Concessions, both in the judicial and extra-judicial fields. (d) Contreat studies, projects, execution of works and advice in the manner determined by the law. It may also conclude the acts and contracts necessary for the performance of the functions that correspond to the General Directorate of Concessions of Public Works. (e) Vellar for the proper and proper performance of concession contracts in their different stages, in accordance with the provisions of the Public Works Concessions Act, its regulations, the concession contract, the bidding bases and the acts the administrative provisions of the concession contract, as well as the other laws and regulations applicable to it. (f) Promote, promote and disseminate to public or private investors, national or foreign, the public-private partnership in the field of infrastructure, in coordination with the other competent institutions in this field. g) Present the concession plan to the Minister of Public Works, for approval, within the first quarter of each year, with a projection of five years. This plan must be submitted to the Council of Concessions in advance and subsequently sent to the National Congress for its knowledge. This plan will contain a territorial vision, for which its projects will contemplate infrastructure in different areas of the country, seeking a harmonious development between them. h) Submit to the Minister of Public Works, within the first quarter of each year, a report on monitoring and evaluation of the audit work at the stages of execution, repair, maintenance, conservation or exploitation of public works, with its corresponding strengthening plan. i) To study, analyze and propose to the Minister of Public Works projects that can be promoted and executed by the ministry through the system of concessions regulated by Article 87, be these own-initiative, other ministries or bodies of public administration or private initiatives submitted to the Ministry of Public Works in accordance with the law. (j) To evaluate, analyze and structure financially the projects under development, and to contract the advisory of experts in financial, contractual and guarantee structuring for the concessionaires. (k) Propose to the Minister of Public Works the expropriations necessary for the execution of public and non-tax public works by the system governed by Article 87. (l) To designate, commission and entrust tasks to the staff of the Directorate-General for their duties, when they are to be carried out in services other than that in which the official is appointed. (m) Apply the fines that come in accordance with the Public Works Concessions Act and its regulations, the concession contract, and any other applicable laws and regulations. n) Delegate in officials of their dependency, after approval of the Minister of Public Works, specific privileges for one or more regions or localities, when qualified circumstances, both of operation and of projects in study and in stage This is necessary, and can put an end to the delegation at any time. In the act of the delegation, the Director-General of Public Works Concessions shall determine the specific powers delegated to him by the official, the period of his performance and the territorial scope in which he shall exercise his competence. functions and attributions entrusted to him by the laws. Article 22c.-The Director General of Concessions of Public Works, in the month of April of each year, in a public hearing, will give an account of his management in the Directorate General. This account shall relate to the results achieved in the activities carried out during the period, including the basic statistics reflecting them, the use of the resources granted and the difficulties encountered, and shall give be aware of the actions of the Directorate-General to be carried out during the following period, including the degree of progress of the five-year plan referred to in Article 22b (g). " Article 2.-From the date of commencement of its duties, the General Directorate of Concessions of Public Works will assume all the powers, functions and attributions performed by the General Directorate of Public Works, by itself and through The Coordination of Concessions of Public Works, arranged in the decree with force of Law No. 850 of 1997, Organic Law of the Ministry of Public Works, related to the Law of Concessions of Public Works and, therefore, will be commissioned in particular to continue the management of the contracts for studies, advice and concession through its stages In the case of a project, construction and exploitation, in respect of all contracts which, until the date of entry into force of this law, had their capacity. Article 3.-Amend the Supreme Decree No. 900 of 1996 of the Ministry of Public Works, which establishes the consolidated, coordinated and systematized text of the decree with force of law N ° 164, of 1991, of the Ministry of Public Works, Law of Concessions of Public works, as follows: 1. All the times that appear, the expressions "Director General of Public Works" by "Director General of Concessions of Public Works", "Directorate General of Public Works" by " Directorate General In the case of "DGCOP" and "DGOP". 2. in Article 1a: (a) Reposition the first paragraph by the following: " Article 1a.-There shall be a Council of Concessions, of an advisory nature, consisting of: 1.-A free-appointment and joint removal adviser by the Ministers of Public Works and Hacienda, who will preside. 2.-Two members appointed by the Minister of Finance. The first will be an academic belonging to a faculty of Economics or Economics and Administration, and the second will belong to a faculty of Legal Sciences or Legal and/or Social Sciences. One of them must belong to a university with principal headquarters in a region other than the Metropolitan Region. 3.-Two counsellors appointed by the Minister of Public Works. The first will be an academic belonging to a faculty of Civil Engineering, and the second will belong to a faculty of Architecture. One of them must belong to a university with a principal place of business in a region other than the Metropolitan Region. 4.-The Minister of Public Works. " b) Amend the seventh indent, as follows: i. Replace in literals (a), (b), (c) and (d) the end point and comma by a point and separately. ii. Replace in the literal and) the expression ", and" by a point and apart. iii. Add the following letters (g) and (h): " g) to modify the characteristics of the contracted works and services, in order to increase the levels of service and technical standards established in the bidding bases, by subscribing to a contract complementary to the contract where, separately or jointly, these modifications exceed 10% of the official budget of the work, either during the construction or the holding stage. (h) to establish the tolls policy applicable to all routes and roads whose operation is regulated under this law. " 3. In Article 20, the following fourth, new, point (4) to be fifth is inserted: " When the amendments referred to in this article, separately or jointly, exceed 10% of the official budget of the work, either during the stage of construction or exploitation, the background shall be made available to the Concessions Council to inform the Ministry of Public Works of the appropriateness of such modifications. " 4. In Article 36: (a) The following final sentence is added to the first subparagraph: " The Ministry of Public Works and one or more concessionary companies, jointly or separately, may consult the Technical Panel on (b) Intercalase in the heading of the fourth indent, following the word "discrepancies", the expression "and consultations". Article 4.-Establishment of a special assignment for officials belonging to the plant of professionals of the General Administration of Concessions of Public Works, or who are assimilated to it, in reason of the performance of the functions of Regulation and supervision of the Directorate. The amount of the special allowance shall not exceed 60% of the sum of the following remuneration: (a) Base salary. (b) Allocation of Articles 17 and 18 of Law No 19,185. (c) Allocation of Article 19 of Law No 19,185. (d) Allocation of Article 6 of Decree Law No 1,770 of 1977, as appropriate. The special allocation shall be granted up to a maximum of 72 officials of those referred to in the first subparagraph, and the amount for each of them shall be determined by the Minister of Public Works, on a proposal from the Director General of Concessions of Public Works, by decree issued annually under the formula "By order of the President of the Republic", through the Ministry of Public Works, endorsed by the Directorate of Budgets, which must be founded on objective criteria that consider the levels of responsibility and complexity of the functions performed by the officials. The special allocation shall be paid monthly, shall be taxable and taxable, and shall not serve as the basis for calculating any other remuneration. In addition, it shall be incompatible with the assignments of the sixtieth and seventh-third articles of Law No 19,882. Article 5.-The special allocation referred to in Articles 4 and first transitional shall not mean an annual total expenditure exceeding $545,000,000 (five hundred and forty-five million pesos), which shall be reduced by reason of the amount of quotas which are extingn according to the provisions of the first transitional article. TRANSITIONAL PROVISIONS Article 1.-The special allocation referred to in Article 4 of this Law shall be granted, in addition, to a maximum of 22 officials to be hired as members of the Technical and Administrative Plants of the Directorate General of Public Works Concessions that at the date of their recruitment meet the following requirements: (a) To have provided services to fees for at least five years, continuous or discontinuous, in the Coordination of Concessions Public Works of the Ministry of Public Works. b) Haberse found providing services in quality of fees in the Coordination of Public Works Concessions of the Ministry of Public Works to November 30, 2016. c) That the duties performed in the Coordination of Concessions of Public Works of the Ministry of Public Works have corresponded to the provision of services for specific tasks and that are of the usual nature of the General Direction of Concessions of Public Works. The quotas referred to in the preceding subparagraph shall be allocated for a single time and shall be extinguished where the staff to whom the assignment has been granted shall cease to be responsible for any cause and shall not be reassigned to other officials. Each time such staff ceases to function, the General Administration of Concessions must communicate it to the Budget Directorate. The individualization of the officials who will receive the special allocation and the amount corresponding to each one of them will be determined by the Minister of Public Works, at the proposal of the Director General of Concessions of Public Works, by decree issued under the formula "By order of the President of the Republic", through the Ministry of Public Works, endorsed by the Directorate of Budgets, considering the provisions of the second paragraph of Article 4. Article 2.-The President of the Republic, without being subject to the provisions of Title VI of Law No 19,882, may appoint the first Director General of Concessions of Public Works, who shall immediately assume, for the maximum period of one year, in the relevant selection process is carried out, which establishes the relevant law for the posts of the System of High Public Management, and will receive the allocation of high public address fixed for this purpose. The first appointment of the positions corresponding to the second hierarchical level of the General Directorate of Public Works Concessions may be carried out without being subject to the provisions of Title VI of Law No 19,882. The officials so appointed shall immediately assume, for the maximum period of one year, as long as the relevant selection procedures laid down in the law above are made, and shall receive the high public address assigned to such officials. effect. During the year of the start of the activities of the General Directorate of Public Works Concessions, the contract staff will be able to perform functions of a managerial nature that are assigned to him by means of a resolution founded by the Head of Service, in which The above functions shall be specified. Such staff may not exceed 33 officials. In the following years, the respective Public Sector Budget Law will be available. Article 3.-The President of the Republic shall be empowered to establish, within a period of six months from the date of publication of this law, by means of one or more decrees with force of law issued through the Ministry of Works Public and also subscribed by the Minister of Finance, the necessary regulations to regulate the following matters: 1. To set the staff plants of the General Administration of Public Works Concessions and to dictate all the necessary norms for its appropriate structuring and operation. In particular, it may determine the degrees and levels of the Single Salary Scale to be assigned to such plants; the number of charges for each grade and plant; the general and specific requirements for the income and promotion of such charges; denominations and hierarchical levels, for the purposes of the application of the provisions of article 8 of Law No. 18,834, whose consolidated, coordinated and systematized text was established by the decree with force of law No. 29, 2004, of the Ministry of Finance. Also, to determine the hierarchical levels, for the purposes of the application of the provisions of Title VI of Law No. 19,882 and the necessary norms for the application of the allocation of modernization of Law No. 19,553, in its transitional application. In addition, you will be able to set the rules for pigeonhole in plants. 2. Dispose the transfer of plant-holder officials and contracts from the General Directorate of Public Works to the General Directorate of Public Works Concessions. In the respective decree with force of law that establishes the plant of personnel will determine the way in which the transfer will be carried out and the number of officials that will be transferred by estamento and legal quality, and will be able to establish, moreover, the term in that this process will take place. The individualization of the staff transferred and their pigeonings, when appropriate, will be carried out through decrees issued under the formula "By Order of the President of the Republic", through the Ministry of Public Works. 3. To determine the maximum allocation of the personnel of the General Administration of Public Works Concessions, in which respect the limitation established in the second paragraph of article 10 of the decree with force of law No. 29, 2004, of the Ministry of Public Works will not govern. Hacienda. 4. To determine the date of entry into force of the plants to be established, the transfer and the pigeonings to be carried out and the initiation of activities of the General Administration of Concessions of Public Works. 5. The requirements for the performance of the charges to be established in the exercise of the faculty referred to in the number 1 of this article shall not be required for the purposes of the typecasting with respect to the officials who are the holders and the contract in service. to the date of entry into force of the or the respective decrees with force of law. Likewise, the officials are hired in service to the effective date of the or the respective decrees with force of law, and to those whose contracts are extended under the same conditions, they will not be required the requirements to be established in the decrees with corresponding force of law. 6. The use of the powers referred to in this Article shall be subject to the following restrictions on the staff concerned: (a) to have as a consequence and cannot be considered as a causal of the term of services, the removal of charges, the cessation of duties or the termination of the employment relationship of the staff of the past. It shall also not be able to import change from the usual residence of officials outside the region where they are providing services, except with their consent. (b) It shall not mean loss of employment, cessation of duties, reduction of remuneration or modification of the rights of staff transferred. Any difference in remuneration must be paid by an additional payroll, which will be absorbed by future remuneration improvements that correspond to the officials, except those arising from general readjustments to be granted to workers in the public sector. Such a template shall maintain the same amount of imputability as that of the remuneration it compensates. In addition, the general readjustment indicated above will apply to the supplementary plan. (c) Transferred officials shall retain the age allowance they have recognised, as well as the time taken into account for such recognition. 7. Transfer, as appropriate, the goods to be determined, from the Directorate General of Public Works to the General Directorate of Concessions of Public Works. Article 4.-Staff who at the start date of the activities of the General Directorate of Public Works Concessions are providing services to fees in the Coordination of Concessions of Public Works of the Ministry of Works Public may choose to modify their legal quality of fees in addition to that of the contract, provided that they comply with the respective requirements and grant prior consent. In so far as the staff referred to in the preceding paragraph comply with the respective requirements and their consent, the legal quality changes referred to in the preceding paragraph shall reach a maximum number of 218 persons, must be included in the maximum number of staff in the first budget to be set up for the Directorate-General for Public Works Concessions, at the same time as an equivalent number of persons must be excluded from the maximum number of persons to be contracted to fees fixed in the corresponding budget glosas, associated with the subtitles 21 and 24. Officials who change their legal status in accordance with the provisions of this Article shall maintain their gross remuneration. Article 5.-The President of the Republic, by decree issued through the Ministry of Finance, will make up the first budget of the General Administration of Public Works Concessions and will transfer the necessary funds to fulfil their functions, and may have the effect of creating, deleting or amending the relevant chapters, allocations, items and budget glosas. In the decree referred to in the preceding paragraph, a maximum of 35 quotas shall be authorized for the purposes of the third-third article of Law No 19,882. In the following years, the respective public sector budget laws will be in place. Article 6-The largest fiscal expenditure representing the implementation of this law during its first budget year will be financed from the current budget of the Ministry of Public Works, Program 12-02-08 Concessions, and, in what I will be missing, from the resources of the budget heading Public Treasury, of the Public Sector Budget Law. For subsequent years, the resources to be provided for in the respective public sector budget laws will be financed. Article 7-The integration of the Council of Concessions referred to in Article 1a of the Supreme Decree No. 900, of the Ministry of Public Works, 1996, which fixes the recast, coordinated and systematized text of the decree with force of law N ° 164, 1991, of the Ministry of Public Works, Public Works Concessions Law, in force on the date of publication of this law, will be maintained for a period of one year from that date. Article 8-The tolls policy referred to in point (h) of Article 1a of the Supreme Decree No. 900, 1996, of the Ministry of Public Works, which fixes the recast, coordinated and systematized text of the decree with force of law N ° 164, of 1991, of the Ministry of Public Works, shall apply to the routes and roads whose concession contracts are concluded after the entry into force of this law. " And because I have had to approve and sanction it; therefore, promulgate and take effect as the Law of the Republic. Santiago, 17 November 2017.-MICHELLE BACHELET, President of the Republic.-Alberto Undurraga Vicuña, Minister of Public Works.-Nicolas Eyzaguirre Guzmán, Minister of Finance. What I transcribe to you for your knowledge.-Saluda Atté. to Ud., Sergio Galilee Ocon, Undersecretary of Public Works.