LAW NO. 20,530 CREATES THE MINISTRY OF SOCIAL DEVELOPMENT AND MODIFIES LEGAL BODIES INDICATING Having present that the H. National Congress has given its approval to the following: Bill: " TITLE I Paragraph 1 Objectives, Functions and Privileges Article 1.-Create the Ministry of Social Development as the Secretariat of State responsible for collaborating with the President of the Republic in the design and implementation of policies, plans, and programs in the field of equity and/or social development, especially those aimed at eradicating poverty and providing social protection for people or groups vulnerable, promoting mobility and social integration and participation with equal opportunities in national life. The Ministry of Social Development will ensure the coordination, consistency and coherence of policies, plans and programs in the field of equity and/or social development, at national and regional level. The Ministry of Social Development shall also ensure that such plans and programmes are implemented in a decentralised or decentralised manner, where appropriate. The Ministry of Social Development shall be responsible for the administration, coordination, supervision and evaluation of the implementation of the Intersectoral Social Protection System created by Law No. 20.379, ensuring that access benefits are provided for preferential or guaranteed to provide for the subsystems to provide greater equity and social development to the population within the framework of established policies, plans and programmes. It will also be up to this Ministry to evaluate investment initiatives that request State funding, to determine their social profitability, ensuring the effectiveness and efficiency of the use of public funds, so that they respond to the strategies and policies of economic and social growth and development to be determined for the country. The Ministry of Social Development will also ensure the participation of civil society in the areas of its competence, in particular those aimed at vulnerable people or groups. The Ministry of Social Development will seek to keep information available to society regarding the access and maintenance of the social programs referred to in this law. Article 2.-For the purposes of this law: 1) Social programs: integrated and articulated set of actions, benefits and benefits intended to achieve a specific purpose in a target population, in order to resolve a problem or address a need affecting it. Such programmes shall be included in the functional definition of social public expenditure. A regulation issued through the Ministry of Social Development, and also signed by the Minister of Finance, will set the criteria and procedure by which it will be determined which programs will be classified functionally within the social public. In the formulation of these criteria, the Inter-Ministerial Committee on Social Development of Article 11 of this Law should be heard. 2) Vulnerable persons or groups: those who, due to their social, economic, physical, mental or mental status or conditions, among others, are at a disadvantage and require a special public effort to participate in equal opportunities in national life and access to better living conditions and social welfare. 3) Integrated Social Program Bank: register administered by the Ministry of Social Development, which contains information corresponding to the social programs that are or are not being implemented, that have been or are being subjected to some of the evaluations referred to in point (c) and point (d) of Article 3. This register shall include at least a description of the social programme, the recommendation report or the monitoring report, in cases where the social programme has them. In the event of impact assessments or ex-post evaluations by any public entity to a social programme, the Integrated Social Programme Bank shall also contain the reports of such an assessment. The registration will be published in the terms of Title III of the Law of Transparency of the Civil Service and Access to Information of the State Administration. 4) Integrated Investment Project Bank: registry administered by the Ministry of Public Administration. Social Development, which contains the investment initiatives that have been evaluated, whether or not they are being implemented, that require state funding. This record shall include at least a description of the project, the assessment report, other background referred to in points (g) and (h) of Article 3 (h), if appropriate, and the post-implementation evaluations, if any. The registration will be published in the terms of the Law of Transparency of the Public Service and Access to Information of the State Administration. 5) Initiatives of Investment: corresponds to the expenses for the concept of pre-investment studies, pre-feasibility, feasibility and design, aimed at generating information that will serve to decide and carry out the future execution of public investment projects. It also considers the expenditure on investment projects carried out by public sector bodies, for the start of the execution of works and/or the continuation of works initiated in previous years, in order to increase, maintain or improve the production of goods or services, including that which forms an integral part of an investment project. It also includes investment programmes. Such studies, projects and investment programmes shall be those referred to in Article 19a (4) of Decree Law No 1,263 of 1975. It will also include the public investment initiatives referred to in the final article 2 ° of 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 No 164 of the Ministry of Foreign Affairs of 1991. 6. Social Protection guarantees: those actions and benefits of preferential or guaranteed access which, in the framework of the Intersectoral Social Protection System, may require the beneficiaries to the appropriate body in each case; conformity to the respective law, in such a way as to promote social development and/or equity in the framework of established policies, plans and programmes. Article 3.-The following functions and powers shall be specially provided to the Ministry of Social Development: (a) To study, design and propose to the President of the Republic the policies, plans and social programs of his/her competence, in The Ministry of Social Development, in particular, is aimed at vulnerable people or groups and the eradication of poverty, which the Ministry of Social Development is executing on its own or through its dependent or related public services. (b) to establish, after consulting the civil society council of Law No 20.500 in the manner laid down by that law and the approval of the Inter-Ministerial Committee on Social Development referred to in Article 11, the criteria for evaluation identify, among others, the consistency, coherence and atingency of new social programs or that they propose to be significantly strengthened by the ministries or public services, as well as their coordination and complementation with other programs The social partners are either running or considering implementing. (c) Assess and decide, by means of a recommendation report, on new social programmes or that they will be significantly strengthened, proposed by the ministries or public services, in order to achieve coordination in the Design of social policies. The report should contain an evaluation, among others, of the consistency, coherence and atingency of such social programs, and this analysis will be a factor to consider in the allocation of resources in the process of formulating the draft Law of Budgets. In order to comply with the foregoing paragraph, the Ministry of Social Development shall study the social, national and regional reality, ensuring that the design of the proposed programme is consistent with the objectives set out and to check that the social programmes in training or the existing ones are complementary and coordinated, in order to avoid duplication or overlap. A regulation issued by the Ministry of Social Development, and also signed by the Minister of Finance, will regulate these evaluations, determining, among other aspects, the content, the stages, the deadlines, the mechanisms for the solution of observations, the exceptional circumstances that could justify dispensing with them by the deadline to be determined by this regulation, the characteristics that will define as significant the reformulation of a social program, the reformulation of social programs, the effective of the evaluations carried out, the other matters relating to the presentation of the proposals for new social programmes or the reformulation of new social programmes and, in general, the rules necessary to ensure the transparency of the evaluation process. The regulation will also determine the degree to which these evaluations will begin to apply, for which time it will set deadlines and define evaluation orders among the social programs. The other rules and instructions necessary to regulate the evaluation of the social programmes shall be jointly dictated by the Ministers of those State Secretaries. The regulation referred to in the preceding paragraph shall also contain the rules to which the social programmes are affected when they include investment initiatives, in order to determine whether the latter will be assessed in accordance with the regulation. set out in this letter or the letter referred to in point (g) of this Article. Such rules may make distinctions according to type of prog social branch or investment initiatives. The provisions of this letter are without prejudice to the power of the Directorate of Budgets to request the Ministry of Social Development to draw up reports of recommendations concerning programmes not covered by Article 2 (1). of this law. d) To collaborate with the monitoring of the management and implementation of the social programs that are being implemented by the related or dependent public services of this and other ministries, through the evaluation of, among others, their efficiency, its effectiveness and its focus. These monitoring reports on the implementation of the social programmes should be made available to the Inter-Ministerial Committee for Social Development. The provisions of this letter are without prejudice to the power of the Directorate of Budgets to request the Ministry of Social Development to draw up follow-up reports on programmes not included in the Article 2 °. e) To periodically analyze the national and regional social reality in order to detect the social needs of the population and inform them to the Inter-Ministerial Committee for Social Development, for which, among others, it will have to consider the background to the effect of the regional governments. The results of the studies and analyses should be kept published on the Ministry's website on a permanent basis, in accordance with the rules laid down in Title III of the Law on Transparency of the Civil Service and Access to the Public Service. Information from the State Administration. f) Define the instruments for the targeting of social programs, without prejudice to the faculties of other ministries for these purposes. One or more regulations issued by the Ministry of Social Development, which are also signed by the Minister of Finance, and, where appropriate, by the relevant sectoral ministers, shall establish the design, use and forms of application of the instruments and other rules necessary for its implementation. (g) Evaluate investment initiatives that apply for State financing, to determine their social profitability, and to produce a report in this respect, in accordance with Article 19a of Decree Law No. 1,263, 1975, Organic Administration State Financial. In compliance with the above, the criteria and methodologies applicable in the assessment should be established and updated. The identification of these criteria and methodologies should, in particular, consider the incorporation of objective and verifiable indicators for the development of investment initiatives. The methodologies and their evaluation criteria shall also be kept at the permanent disposal of the public on the website of the Ministry of Social Development. In compliance with the above, it will be up to him to ensure that investment initiatives that use state financing are socially profitable and respond to the policies of economic and social growth and development that are determined for the country and its regions. The Ministers for Social Development and Finance shall, together, lay down guidelines based on the characteristics of the investment initiatives from which the report referred to in the preceding paragraph shall not be required to be required. shall be reviewed annually and shall be kept published in accordance with that subparagraph. These guidelines shall be reported to the Joint Special Committee on Budgets by 30 November of each year at the latest. In addition, it will evaluate the investment projects of the municipalities that will be financed by more than 50% through specific contributions from the Central Government, as provided for in the Public Sector Budget Law and which are not exempt from the compliance with the provisions of the preceding paragraph. However, the evaluation of the investment projects of the municipalities to be financed with resources from the National Regional Development Fund will be governed by the rules applicable to the projects financed by the The Fund. The provisions of this letter are without prejudice to the power of the Directorate of Budgets to request the Ministry of Social Development to draw up reports on initiatives not covered by Article 2 (5) of the Treaty. this law. (h) Analyze the results of the pre-investment studies and the investment projects evaluated, in order to validate the criteria, benefits and parameters considered in the evaluation referred to in the preceding letter. It will also monitor the implementation of investment projects and pre-investment studies. To do so, it shall use the reports submitted to it by the public body requesting the issue of the internal document of the Administration. i) In conjunction with the Ministry of Finance, make available to the Special Committee on Budgets, Regional Governments, Regional Councils, Mayors and Municipal Councils, during the month of August each year, a report of the pre-investment studies of the investment initiatives evaluated by the Ministry of Social Development indicating at least the percentage of investment decreed and executed in the previous year that was submitted to the evaluation referred to in Article 19a (4) of Decree-Law No 1,263 of 1975 and the percentage of the which obtained positive social profitability. (j) To collaborate, in the field of its competence, with the Budget Directorate of the Ministry of Finance in the annual preparation of the Public Sector Budget Law, for which it will make available to the Budget Directorate the reports of the recommendation for social programmes and the evaluation of investments set out in points (c), (d), (g) and (h) above. k) Manage the Integrated Social Programs Bank and the Integrated Investment Project Bank. To this end, it shall draw up, together with the Budget Directorate, the general instructions necessary to establish the design and proper functioning of these banks. (l) Draw up other rules and instructions relating to the evaluations and reports, where appropriate, of the preceding points (d), (g) and (h). The rules and instructions relating to points (g) and (h) shall be drawn up in conjunction with the Ministry of Finance. (m) To train the formulators of social programmes and investment projects in the preparation, presentation and evaluation of them, in accordance with the annual training plan and within their budgetary possibilities. (n) Manage the Register of Social Information referred to in Article 6 of Law No 19,949, which established a Social Protection System for families in Situation of Extreme Poverty called "Chile Solidarity". monitor and evaluate the implementation of the Inter-Sectoral Social Protection System established by Law No. 20.379. (o) Promote the constant improvement in the management of the Intersectoral Social Protection System, the sub-systems that integrate it and the related public services or the Ministry of Social Development. (p) Imparting instructions and implementing any other action necessary to ensure that there is functional coherence between the policies, plans and social programmes implemented by the related or dependent public services of the Ministry of Development Social and coordinate their implementation. (q) Establish the policies, plans and programmes to which the agencies and institutions under the Ministry of Social Development are to be closed, or which relate to the President of the Republic through their intermediary, which, annually, they must draw up a report to take account of the implementation of the policies identified. r) To conclude performance agreements with the heads of the dependent or related services of the Ministry of Social Development. (s) To request the other ministries, services or public entities to provide the information available and that the Ministry of Social Development requires for the performance of their duties. Ministries, services or public entities shall provide this information in a timely manner. If the required information is not available, the ministries, services or public entities may request the collaboration of other entities of the State. The other evaluating units that exist or are created in other ministries, before requesting it directly, must consult the Ministry of Social Development the existence of the information they study to require from the other ministries, services or public entities required to inform the tenor of this law. The Ministry of Social Development must collaborate with these evaluating units to ensure that they can access, in accordance with current regulations, the information they require. With regard to the information requirements covered by the reservation set out in Article 35 of the Tax Code, the Ministry of Social Development may only ask the Internal Revenue Service for the information relating to the revenue of persons who are indispensable to verify the eligibility of those who apply for benefits or who are beneficiaries of social programs. In its request, the Ministry must state expressly and in detail the information it requests and the purposes for which it will be used. The Internal Revenue Service shall inform, in the field of its jurisdiction, in accordance with the records of its records. The staff of the Ministry of Social Development who takes knowledge of the reserved tax information shall be bound by the same terms as set out in the second paragraph of Article 35 of the Tax Code. The non-compliance This duty shall apply the administrative penalties applicable, without prejudice to the penalties provided for in paragraph 8 of Title V of the Second Book of the Criminal Code. Only information deemed sensitive in accordance with the law may be requested when it is essential to verify the eligibility of those who apply for benefits or are beneficiaries of the social programs, or the maintenance thereof, and for supplement the Register of Social Information referred to in Article 6 of Law No 19,949. In its request, the Ministry shall state expressly and in detail the information it requests and the purposes for which it will be used. t) Systematize and analyze records of data, information, indexes and statistics that describe the social reality of the country and obtain in the field of its competence, in addition to publishing the information collected according to the current regulations. In the processing of personal data referred to in this letter, the Ministry shall consecrate and respect the rights of access, rectification, correction, and omission by the administered, and shall take all security measures in the processing of sensitive data. (u) To provide technical advice to the Intenders, through the Regional Ministry of Social Development, in the areas of competence of the Ministry of Social Development with regional implementation. v) Present to the Special Joint Committee on Budgets and to the Commission on the Superation of Poverty, Planning and Social Development of the Chamber of Deputies, in the month of September each year, a report on Social Development. The report should include a specific section that analyzes the reality of poverty, taking into consideration the areas of health, income, educational attainment and housing, among others. w) To study and propose the methodologies that will be used in the collection and processing of information for the delivery of social surveys and other indicators, in matters of their competence. (x) The other functions and duties assigned to it by the law. The provisions of subparagraphs (a), (o), (p), (q) and (r) above shall not apply to the National Service of Women. Paragraph 2 of the Organization Article 4 °.-The organization of the Ministry of Social Development shall be the following: (a) The Minister of Social Development. (b) The Sub-Secretariat for Social Assessment. (c) The Deputy Secretary for Social Services. (d) Regional Ministry of Social Development. A regulation issued by the Ministry of Social Development will determine the internal organizational structure of the Ministry, in accordance with the provisions of Law No. 18,575, Constitutional Organic of General Bases of the State Administration. For the purposes of establishing the internal structure of the Ministry, they should be considered functional areas, such as those responsible for studying the social reality, to evaluate the consistency of the social programs that it is proposed to implement, to carry out monitoring of the implementation of social programmes, of articulating the Intersectoral Social Protection System, of coordinating the implementation of its related or dependent services, of assessing the social profitability of the social programmes; investment and any other investment necessary to meet the objectives, functions and powers of the Ministry of Social Development. Article 5 °.-The Deputy Secretary of Social Assessment will be in charge of the Assistant Secretary for Social Assessment, who will be its superior chief. In particular, it shall be the responsibility of the Minister in particular to carry out the tasks set out in Article 3 (a), (b), (c), (d), (e), (f), (g), (h), (i), (j), (k), (l), (m), (n), (v) and (w) of Article 3. Article 6.-The Social Services Undersecretary will be in charge of the Assistant Secretary for Social Services, who will be its superior chief. In particular, it shall be the responsibility of the Minister in particular to carry out the tasks set out in Article 3 (n), (o), (p), (q), (r), (s) and (u). It will also be the responsibility of the coordination of the public services that are dependent on the President of the Republic through the Ministry of Social Development. The Deputy Secretary for Social Services will also be responsible for the administrative management of the Regional Ministry of Social Development and the administration and internal service of the Ministry. Article 7 °.-The Minister of Social Development will be subrogated, in the first order, by the Undersecretary of Social Assessment. In case of absence or impediment of this, the Minister will be subrogated by the Undersecretary of Social Services. The foregoing, without prejudice to the faculty of the President of the Republic to appoint another Secretary of State as surrogacy. Article 8 °.-In each Region of the country there will be a Regional Ministry of Social Development, in charge of a Ministerial Regional Secretary, technical and administratively dependent of the Ministry of Social Development, who will advise the Mayor, will ensure the coordination of the social programs that are developed at regional level and will serve as coordinating body for the implementation of the social policies and programs related to this Ministry at regional and evaluator level of the investment initiatives that request state funding, to determine their Social profitability and regional implementation. It will be in particular for the Regional Ministries of Ministers: (a) To provide technical advice to the Mayor. b) To collaborate with the Under-Secretary of Social Assessment in the effective coordination of social programs that are developed at regional level. c) To collaborate with the Undersecretary of Social Services in the coordination of the action of the public services related or dependent of the Ministry of Social Development. d) To collaborate with the Assistant Secretary for Social Services in regional coordination and, if necessary, in the local coordination of the subsystems that are part of the Intersectoral System of Social Protection under Law No. 20.379. (e) Promote constant improvement in the implementation of social policies and programs and promote coordinated work among the related or dependent public services of the Ministry of Social Development at the regional level. (f) To carry out, according to the criteria defined by the Subsecretariat of Social Assessment, the evaluation of investment initiatives that have regional application and that apply for State financing, in order to determine their social profitability. In addition, they should issue the respective reports and study their consistency with regional development strategies. g) To collaborate with the Subsecretariat of Social Assessment in carrying out studies and permanent analysis of the regional social situation and to maintain up-to-date information on regional reality. h) To collaborate with the Subsecretariat of Social Assessment in the identification of vulnerable individuals or groups in the Region. i) To collaborate, at the request of the municipalities, in the evaluation of the investment initiatives financed with communal funds, to determine their social profitability. These initiatives may be incorporated into the Integrated Investment Project Bank referred to in Article 2 (4). (j) To collaborate, at the request of the municipalities, in the training of their officials in the design and formulation of investment projects and social programs. (k) To collaborate, at the request of the municipalities, within their possibilities and in the matters that are the responsibility of the Ministry of Social Development, in the elaboration and harmonization of the Community Development Plan required by Article 3 (a) of the decree with force of law No. 1, of the Ministry of the Interior, of 2006, which fixes the recast, coordinated and systematized text of Law No. 18,695, Constitutional Organic of Municipalities. Article 9 (3)-Staff of the Ministry of Social Development shall be affected by the provisions of Law No 18,834 on Administrative Staff Regulations, the consolidated, coordinated and systematized text of which was fixed by the decree with force of law No 29, of the Ministry of Finance, of 2005, and in matters of remuneration to the rules of Decree Law N ° 249, 1974, and its complementary legislation. Article 10.-The personnel of the Ministry of Social Development shall keep the absolute reserve and secret of the information that contains personal data from which they take knowledge in the performance of their tasks. You must also refrain from using such information for your own or third party benefit. For the purposes of Article 125 (2) of the Administrative Staff Regulations, it shall be estimated that the facts which set out infringements of this Article shall seriously infringe the principle of administrative probity, without prejudice to the other Sanctions and responsibilities to be taken. Article 11: Title II of the Inter-Ministerial Committee on Social Development-Create the Inter-Ministerial Committee for Social Development, whose role will be to advise the President of the Republic in determining the social policy guidelines of the Government. In addition, this Committee will be an instance of coordination, guidance, information and agreement for the ministries and services that integrate it. Article 12. The Inter-Ministerial Committee on Social Development shall be composed of the following Ministers: (a) The Minister of Social Development, who shall preside over it. (b) The Minister of Finance. c) The Minister of the General Secretariat of the Presidency. (d) The Minister of Education. e) The Minister of Health. f) The Minister of Housing and Urbanism. g) The Minister of Labour and Social Welfare. h) The Minister Director of the National Women's Service. Without prejudice to the eror, the Minister of Social Development may invite other Secretaries of State, officials of the State Administration or persons of recognized competence in the social field to participate, with the right to speak. In the event of absence or impediment of the President, the President shall be replaced by the Minister who corresponds according to the order established in the first subparagraph. The Inter-Ministerial Committee will only be able to attend those who are serving as Minister of the respective Ministry. Article 13.-The Inter-Ministerial Committee on Social Development shall replace the Committee of Ministers set up by Law No 20,422, which lays down rules on equal opportunities and social inclusion for persons with disabilities, and the Committee Interministerial established in Law No. 20.379, which creates the Intersectoral System of Social Protection, so that any reference made to these Committees shall be understood as the Inter-Ministerial Committee for Social Development created by the present law. As a result, and without prejudice to the functions which correspond to this law, when the Inter-Ministerial Committee for Social Development is required to know the matters referred to in Law No 20,422, it must address them as a matter of priority. The Committee must take all the necessary measures to ensure that these meetings are held with the participation of the Ministers of Justice and Transport and Telecommunications, as required by Law No 20,422. To the extent that the Inter-Ministerial Committee on Social Development is aware of the matters to which this law refers, the integration of the Finance Ministers and the General Secretariat of the Presidency will not be required. In addition, where, in accordance with the provisions of this law and in law No 20.379, it is for the Inter-Ministerial Committee on Social Development to be aware of the matters to which the said body refers, it shall address them as a priority and the secretary of the The Inter-Ministerial Committee for Social Development shall ensure that, as long as the matters of that law are dealt with, the Committee shall be integrated by the members established by the regulation of Law No 20.379. Article 14.-Corresponding to the Inter-Ministerial Committee on Social Development: a) Propose to the President of the Republic the strategic guidelines and objectives of the policies of equity and/or social development. b) Propose to the President of the Republic public policies, plans and social programs of application or inter-ministerial coverage. c) To know the strategic goals defined annually by each Ministry through which social programs are implemented in terms of equity and/or social development and its compliance, in addition to its coherence with the guidelines and objectives (a) the strategy referred to in point (a) above. (d) to know the reports drawn up by the Social Assessment Secretariat of the Ministry of Social Development referred to in Article 3 (d). (e) Approve the evaluation criteria to determine, among others, the consistency, coherence and atingency of new social programs or to be significantly strengthened by the ministries or public services, as well as their coordination and complementation with other implementing social programmes or which are proposed to be implemented by the Ministry. (f) Propose the reformulation, the term or the adoption of measures to promote social programs, as appropriate, based on the evaluations that are available on them or that the Committee has proposed to carry out. (g) To fulfil the other functions and duties which the President of the Republic or the President of the Republic entrusts to him in the field of his duties. Article 15.-The Inter-Ministerial Committee for Social Development shall hold sessions when its chairman calls it. The quorum for sesionar will be of 4 members and the agreements, which will be binding, will be adopted by the absolute majority of the assistants. In the event of a tie, the vote of the president or the replacement shall be decided by the minister. The Committee at its first meeting shall lay down the rules for its operation. The Committee shall be at least twice a year. Article 16.-The Inter-Ministerial Committee on Social Development may meet at the premises of the Ministry of Social Development, which shall provide the material and human resources for its operation. The Committee shall have the support of a professional from the Ministry of Social Development, proposed by the Minister of Industry and approved by the Committee, who shall act as the Secretary of the Committee, and shall have the following meetings. Agreements of the Inter-Ministerial Committee on Social Development to be implemented by administrative acts which, in accordance with the legal order, are to be delivered by a Secretariat of State, shall be issued by the Ministry of Development Social. TITLE III FINAL PROVISIONS Article 17.-The Ministry of Social Development shall be the legal and patrimonial successor of the Ministry of Planning, once it has become operational in accordance with the provisions of Article 1 (1). transition from this law. Consequently, the references that the laws, regulations and other regulations in force make to the Office of National Planning and the Minister Director of the Office of the Office of the Office of the Office of the National Planning Office, as well as to the Ministry of Planning and Cooperation and the Minister of Planning and Cooperation; and the Ministry of Planning and the Minister of Planning, should be understood as the Ministry of Social Development and the Minister of Social Development, respectively. Also, references to the national planning authority, planning entity or any similar or equivalent expression to the laws, regulations and other regulations shall be construed as references to the Ministry of Social Development, in the case of matters falling within its competence. Article 18.-The limitation contained in the first paragraph of Article 16 of Law No 18,091 shall not apply to the Ministry of Social Development. Article 19.-Intercalase, in the first paragraph of Article 30 of Law No 20,403, following the word "Hacienda", the phrase ", of Social Assessment". Article 20.-Articles 1 °, 2 °, 3 °, 4 °, 5 °, 6 ° and 27 of the law N ° 18,989, created by the Ministry of Planning. This derogation will take effect from the date of entry into operation of the Ministry of Social Development. Article 21.-Intercalase, in the second indent of article 6 ° of Law No. 19,949, which establishes a Social Protection System for Families in the Situation of Extreme Poverty called Chile Solidarity, following the word "same" next: ", the amounts that they perceive for these concepts, the causes for which they have the quality of beneficiaries". Article 22.-Substitute the final paragraph of Article 2 of Decree No. 900 of the Ministry of Public Works, 1996, which establishes the consolidated, coordinated and systematized text of the decree with force of law N ° 164, of the Ministry of Public Works, of 1991, and its amendments, by the following: " The implementation of pre-investment studies and investment projects to be implemented through the concession system shall, as the internal document of the Administration, have a report issued by the Ministry of Social Development. In the case of investment projects, the report shall be based on a technical and economic assessment which analyses its social profitability. Reports on pre-investment studies and investment projects will be part of the Integrated Investment Projects Bank administered by the Ministry of Social Development. As long as the report is not available, the tendering process cannot be initiated. ' Article 23.-Regional governments shall exclusively correspond to the functions and responsibilities in the area of planning the development of the Region, through the design, development, approval and implementation of policies, plans and programmes within the region. of their territory, which must conform to the national policies of development and the budget of the Nation. Article 24.-Replace, in Article 2 (f) of the decree with force of law N ° 1-18,359, of 1985, which transfers and assigns functions to the Subsecretariat of Regional and Administrative Development, the final expression ", and" by a semicolon (;) and the final point (.) of the last numeral of point (g) by the expression ', and', and add a new point (h) of the following wording: '(h) Vellar for the consistency of regional plans and strategies with national development policies and strategies.'; Article 25.-Add to Article 24 of Law No. 18.482 the following third indent, new, passing the current third indent to be fourth and final: " Similarly, the studies and investment projects of the companies to which the standards apply In accordance with Article 11 of Law No 18.196, the Ministry of Social Development, the Public Enterprises System (SEP), the Chilean Copper Commission, or the Ministry of Social Development shall have an evaluation report as the internal document of the Administration. of the Ministry of Energy, among others, as the case may be. This report should be based on a technical-economic assessment of its profitability. The determination of the latter should also consider the regional impact of these proposals. It will be up to the Ministry of Finance to provide instructions and resolve. The companies mentioned must forward to the Ministry of Social Development a copy of that report, when it is not prepared by the Ministry of Social Development, within thirty days of the receipt by the aforementioned agencies. (a) responsible for drawing up the report, and any other background to be requested by the Ministry of Social Development for the proper study of this report. " Article 26-Intercalase, in the First of Article 34 B of Law No 19,728, following the word 'Hacienda', the phrase ', of Social Assessment'. TRANSITIONAL ARTICLES Article 1.-The President of the Republic shall be empowered to, within a period of one year from the date of publication of this law, establish by means of one or more decrees with force of law issued by means of the Ministry of Planning and signed, moreover, by the Minister of Finance, the norms necessary to regulate the (1) Set the date on which the Ministry of Social Development will become operational. In addition, it will determine the date of deletion of the Ministry of Planning. 2) Set the staff plant of the Social Assessment Secretariat. The pigeonhole in this plant must include personnel from the Ministry of Planning. 3) Set the staff plant of the Social Services Secretariat. The pigeonhole in this plant must include personnel from the Ministry of Planning. 4) Dispose, without solution of continuity, the transfer of the plant officials and the staff to contracts from the Subsecretariat of Planning to the Sub-secretariats of the Ministry of Social Development. The transfer of the head of plant and contract staff shall be carried out in the same grade and in the same legal quality as they were at the date of the transfer. All plant-holder officials of the Ministry of Planning shall be encased in any of the plants that are set in accordance with numerals 2) and 3) of this article. All the staff to be hired from the Planning Secretariat will be transferred to any of the Subsecretariats of the Ministry of Social Development. 5) Determine the number of officials who will be transferred by staff and legal quality, to each one of the Subsecretariats of the Ministry of Social Development. The individualization of the staff transferred will be carried out in decrees issued under the formula "By Order of the President of the Republic", through the Ministry of Planning. 6) Dictate the necessary rules for the proper structuring and operation of the plants to set, and in particular, the number of charges for each plant, the requirements for the performance of the same, their denominations, the charges that will have the quality of exclusive trust and race, and the levels For the application of article 8 of the decree with force of law No. 29, of the Ministry of Hacienda, 2005, which fixes the recast, coordinated and systematized text of Law No. 18,834 on Administrative Staff Regulations. In addition, it will lay down rules for the establishment of staff in plants to be fixed. It may also determine the deletion or conversion of charges for the new plants, which have been provided by means of the establishment of the staff transferred in accordance with the provisions of the preceding numeral 5. to hold such a position for any reason. It may also determine the transitional rules for the application of variable remuneration, such as those referred to in Article 1 of Law No 19,553. The requirements for the performance of the charges to be established in the exercise of this faculty shall not be required for the purposes of the typecasting with respect to the official officials and to the contract in service to the date of entry into force of the of 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. 7) Determine the date of entry into force of the plants to be fixed and the pigeonings which it practices. Likewise, it shall fix the maximum allocations of staff of the Subsecretariats of the Ministry of Social Development, which shall not be affected by the limitation laid down in Article 10 (2) of the Administrative Statute, in respect of the employment contracts included in these allocations. (8) The use of the powers referred to in this Article shall be subject to the following restrictions, in respect of the staff concerned: (a) It shall not have as a consequence and may not be considered as a cause of service termination, charges, termination of duties or termination of the employment relationship of staff. It shall also not be able to import change from the usual residence of officials outside the Region in which they are providing services, except with their consent. (b) It shall not mean loss of employment, reduction of remuneration or modification of the rights of the 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. (c) the officials concerned shall retain the age allowance they have recognised, as well as the time taken for such recognition. Article 2.-The President of the Republic, by decree issued through the Ministry of Finance, will make up the first budget of the Subsecretariats of the Ministry of Social Development, and will transfer to them the funds of the Sub-Secretariat of Planning necessary to fulfill their functions, and can create, delete or modify the chapters, programs, items, assignments and budget glosas that are relevant. Article 3.-The amendment referred to in Article 22 of this Law, which replaces the final article 2 ° of Decree N ° 900, 1996, of the Ministry of Public Works, shall enter into force 12 months after publication of this law in the Official Journal. Article 4.-The greatest expense arising from the exercise of the right of the first transitional article of this law, considering its full year effect, may not exceed the amount of $1,678,541 thousand. Article 5.-The greatest tax expense that will be incurred by the application of this law during the first year of its entry into force will be financed from the current budget of the Ministry of Planning or the body that replaces it. Notwithstanding the foregoing, the Ministry of Finance, under the Budget Party of the Treasury, may supplement that budget in the part of the expenditure that cannot be financed from these resources. " Having complied with the provisions of Article 93 (1) of the Constitution of the Republic of the Republic, and because I have had to approve and sanction it; therefore, promulgate and take effect as the Law of the Republic. Santiago, 6 October 2011.-SEBASTIAN PINERA ECHENIQUE, President of the Republic.-Joaquín Lavin Infante, Minister of Planning.-Felipe Larraín Bascunan, Minister of Finance.-Cristian Larroulet Vignau, Minister General Secretary of the Republic of President.-Felipe Bulnes Serrano, Minister of Education.-Evelyn Matthei Fornet, Minister of Labour and Social Welfare.-Jaime Manalich Muxi, Minister of Health.-Rodrigo Pérez Mackenna, Minister of Housing and Urban Planning. What you communicated to you for your knowledge.-Soledad Arellano Schmidt, Assistant Secretary for Planning. Constitutional Court Draft law created by the Ministry of Social Development (Bulletin No. 7196-06) The Secretariat of the Constitutional Court, who subscribes, certifies that the Honorable Senate sent the bill enunciated in the rubric, approved by the National Congress, in order for this Court to exercise the preventive control of its constitutionality and by judgment of 22 September 2011 in the cars Rol Nº 2061-11-CPR. It is declared: 1. That this Constitutional Court shall not issue a declaration, in preventive examination of constitutionality, in respect of articles 1, first and third to sixth; 3rd, (g), (l) and (u); 4º; 5º; 6º; 8º; 11, except as regards Interministerial Committee on Social Development, as an instance of agreement for the Ministries; 12; 13; 14, letters a) to (d), (f) and (g), and 20 of the draft law referred to, on the grounds that those provisions do not regulate matters which the Charter Fundamental qualify as their own constitutional organic law. 2. That the provision contained in the second indent of article 1 of the draft law is constitutional. 3. That the provisions contained in Articles 3 (b); 11, as regards the Inter-Ministerial Committee on Social Development, as an instance of agreement for the Ministries; 14 (e), and 23 of the draft law, are equally constitutional. Santiago, September 22, 2011.-Marta de la Fuente Olguin, Secretaría.