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AMEND THE DECREES WITH FORCE OF LAW N ° S. 382 AND 70, 1988, OF THE MINISTRY OF PUBLIC WORKS AND LAWS N ° S. 18.772 AND 18.777

Original Language Title: MODIFICA LOS DECRETOS CON FUERZA DE LEY N°s. 382 y 70, DE 1988, DEL MINISTERIO DE OBRAS PUBLICAS Y LAS LEYES N°s. 18.772 Y 18.777

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AMEND THE DECREES WITH FORCE OF LAW N ° S. 382 AND 70, 1988, OF THE MINISTRY OF PUBLIC WORKS AND LAWS N ° S. 18.772 And 18,777 Taking into account that the National Congress has given its approval to the following Bill: " Article 1 °.-The following amendments to the decree with force of law N ° 382, 1988, of the Ministry of Public Works: a) In Article 14, the '10 and 60' are replaced by '60 and 120' respectively. (b) in Article 15, replace the guitarianism "30" with "60". (c) In Article 16, replace the "60" by "120". (d) Add the following Article 62 °: "Article 62 °.-The administrative periods of days laid down by this law shall be read as days." (e) Add the following Article 5: " Article 5 °.-The concessionaires and the health service providers who, at the date of publication of this decree with force of law, they will be able to provide these services, they will have until 31 January 1991 to deliver the necessary antecedents that the normative entity requires to formalize its concession, deadline that for the delivery of the development programme runs until 30 June 1991. " Article 2.-The following amendments to the decree with force of Law No 70, 1988, of the Ministry of Public Works: (a) Substitute Article 17 by the following: " Article 17.-The financial contributions which according to the provisions of the This law must be reimbursed by the service providers, they shall be returned to the natural or legal person who has delivered the contribution, or to the persons designated by it. Such contributions shall be reimbursed for their initial adjusted value and interest, except in the case of return by shares. The interest shall be that determined by the Central Bank for realisable operations in the national currency over the longer term, in force at the date of repayment. Where appropriate, the contribution shall be adjusted in the percentage of variation experienced by the Consumer Price Index between the month preceding the contribution and the percentage preceding the date of its return. " (b) Substitute Article 18 by the following: " Article 18.-The form and time of the returns will be determined in the contract to be signed between the provider and who must make the repayable contribution. Refunds may be paid in money, in commercial documents, in the provision of the drinking water or sewerage service, in common shares of the service provider itself or by any other mechanism agreed by the parties. If the agreed return is not made in cash, the respective titles must be endorsed. If the refund mechanism is other than shares, the maximum repayment period shall be 15 years. ' (c) Substitute Article 19 for the following: " Article 19.-The choice of the form of refund shall be the responsibility of the provider, but the person providing may object to this when the proposed return does not mean the return of the value contributed, the readjustments and the interests determined in accordance with the preceding provisions of this law. If there is no agreement, the Superintendence shall be resolved by hearing the parties within 90 days of the opposition. ' Article 3.-Introduces the following amendments to the laws N ° 18.772 and 18.777: a) Attaché, to article 10 of the law N ° 18,772 the following final indent: " The company shall reimburse the Public Works Ministry of Public Works for the amount of the expenses incurred by that Service arising from the processing of the expropriations. These monies will be directly paid to the Office of the Prosecutor General to finance the respective expenses. "(b) Add to Article 12 of Law No 18,777, the following final point:" The Service or Company shall reimburse the Office of the Prosecutor of the Ministry of Public Works on the amount of the costs incurred by that Service resulting from the processing of the requested expropriation. These monies shall be paid directly to the Office of the Prosecutor General to finance the respective expenditure. " And because I have had to approve and sanction it; therefore, promulgate and take effect as the Law of the Republic. Santiago, January 29, 1991.-PATRICIO AYLWIN AZOCAR, President of the Republic.-Carlos Hurtado Ruiz-Tagle, Minister of Public Odbras. What I transcribe to you for your knowledge.-Salute to you-Juan Lobos Díaz, Assistant Secretary of Public Works.