ORDERLY UNIQUE TEXT OF THE REGULATIONS OF THE CONGRESS OF THE REPUBLIC
PRELIMINARY CHAPTER
General Provisions
Article 1.- Force rules and regulation of the Regulation
This Regulation has the force of law. Specifies the functions of the Congress and of the Permanent Commission, defines its organization and operation, sets out the rights and duties of members of congress, and regulates the procedures of parliament.
Article 2.- Definition, general features, structure, composition and designation
The Congress of the Republic is the representative body of the Nation, in charge of the legislative functions of political control and the other in the Constitution of the State. It is unicameral, and consists of a hundred and thirty delegates elected directly, according to law.
In official documents, the Congress will be called the Congress of the Republic.
Article 3.- Sovereignty and autonomy
The Congress is sovereign in its functions. Has autonomy regulatory, economic, administrative and political.
In situations that make it impossible for the normal functioning of the Congress of the Republic, the board of Directors will propose that the parliamentary functions can be done through virtual media, digital or any other means of technology that allows your exercise according to the requirements and safeguards of the present Regulations of the Congress.
Article 4.- Legislative Functions
The legislative function comprises the debate and the approval of amendments to the Constitution, laws and legislative resolutions, as well as their interpretation, amendment, and repeal, in accordance with the procedures established by the Political Constitution and the rules of this Regulation.
Comprising, also, the discussion and approval of the amendments to this Regulation.
Article 5.- Function of Political Control
The function of political control comprises the investiture of the Council of Ministers, the discussion, the performance of acts and investigations and the approval of agreements on the conduct of Government policy, the acts of the administration and of the State authorities, the exercise of the delegation of legislative powers, the issuance of emergency decrees and the control over the use and disposition of property and public resources, the compliance by the President of the Republic of the annual message to the Congress of the Republic and the preliminary hearings political, taking care that the Political Constitution and the laws are complied with and providing appropriate to enforce the liability of the offenders.
Article 6.- Special Functions
Are special functions of the Congress is to appoint the Comptroller General of the Republic, to choose the Ombudsman, as well as the members of the Constitutional Court, the board of the Central Reserve Bank and ratify the President of the Central Reserve Bank and the Superintendent of Banking and Insurance. He is also responsible for the removal in the cases provided for in the Constitution.
CHAPTER I
Process of Constitution of the Congress
Article 7.- Definition and scope
From that published in official results of the elections to the Congress, the National Jury of Elections and the President of the Congress, they have made the necessary arrangements for carrying out the process of forming the new Congress, ranging from the dissemination of official election results to the act of installation of the Congress.
In the case of a new Congress as a result of the elections called by the President of the Republic after the exercise of the right of dissolution of the Congress, there will not be any dates, or apply the terms set forth in this chapter. Arrangements will be the responsibility of the President of the Permanent Commission.
Article 8.- Accreditation, registration and determination of the Table
The Oficialía mayor of the Congress will receive the credentials of each of the Congressmen elected delivered by the National Jury of Elections, within thirty days after the commencement of the delivery. Once verified the authenticity of the credentials, you will register and deliver to each elected Congressman a personal data form, the same will be returned, completed and signed under oath of truthfulness and accompanied by a sworn declaration of assets and income, no later than the last working day of the month of June. Also, a sworn statement of financial position and the other of not being subject to any of the disqualifications set forth in Article 92 of the Constitution of Peru. These statements must be submitted within thirty days of assuming the position. The Oficialía mayor shall publish in the Official Journal El Peruano and in another of the largest circulation, the affidavit of assets and income, and the affidavit of not being subject to any of the disqualifications set forth in Article 92 of the Constitution of Peru.
The Congressmen elected in both do not comply with the requirements set forth in the preceding paragraph, may not swear in the office of Congressman or exercise it.
Once you have received the full credentials of the Congressmen elected, or in default thereof no later than between the first and the fifth of July, the Oficialía mayor of the Congress to send you publish a press release with the name of the Congressman with the greatest voting preferential within the political group that obtained the most votes, as well as the major and the minor, who will act as First and Second Secretary, respectively.
Presides over the Preparatory Meetings, the Congressman who gained the most votes preferential political group that obtained the most votes.
If some or all of the so-called, by law, do not accept integrate the board of Directors of the Board of High school or had any impairment, will be called in order of age, that you follow them in turn to build up the Board. The board of Directors of the Board of High school comes in roles between the fifteenth and the twenty-first of July.
The Chairman of the Board of High school coordinates with the President of the Congress that the work of the bodies that preside do not impair the functions of one and other. In case of difference, the cousin of the decision of the President of the Congress, who at all times give appropriate facilities to meet and fulfill its functions the Board of High school.
Article 9.- Call of the Board of High school
The board of Directors of the Board of High school performs the necessary coordination and quotes meeting of the Board of High school between the twenty-second and the twenty-sixth of July. The summons shall be in a personal way and by publication in the official gazette and the daily newspapers with the largest circulation nationwide.
In the citation is given to know the agenda, which can only treat on the formal act of installation of the Preparatory Meeting, the formal incorporation of the Congressmen elected and the election of the board of Directors.
Article 10.- Installation of the Board High school
On the day and time indicated on the citation, present at the premises, where Congress meets a number of Congressmen elected exceeding sixty, the President of the board of Directors of the Board of High school is ordered to read the Record of the result of the votes of Congressmen, sent by the National Jury of Elections, the regulations, the notice of the conformation of the board of Directors of the Board of High school published by the Oficialía mayor of Congress, and, finally, the text of the citation published in the official journal, and immediately declares installed and in permanent session of the Preparatory Meeting of the Congress and presented the agenda.
Article 11.- Meeting of the Board of High school and the Installation of the Congress
The meeting of the Board of High school is continued until it is fulfilled with issues of the agenda. Before you can only be suspended.
In the first place, we proceed to the formal incorporation of the Congressmen elected by the oath, and then in the days after the election of the Bureau of the Congress. They can only participate in the election and be incorporated Congressmen duly accredited and registered.
Chosen and incorporated in the board of Directors of the Congress and incorporated other Congressmen, or the number of them exceeding sixty incorporated until the date of installation of the Board, the President of the Congress declares formed the Congress for the period of parliamentary and lifts the meeting of the Board of High school, citing the lords and the ladies members to the installation session of Congress and the annual period of sessions, to the 27th of July.
Met the Plenary session of the Congress on the 27th of July, the President proceeds to the installation of the respective annual session and the first regular session, citing the Congressmen to the solemn session of assumption of office of President of the Republic to be held on the twenty-eighth day of July.
On July 28, performed the ceremony of assumption of office of President of the Republic. In it, the President of the Congress takes an oath to the President of the Republic is elected and imposed upon him the presidential sash. Then the Congress listen to the message of the President of the Republic. There is No discussion of, or may make use of the word, the Congressmen.
Article 12.- Election of the Bureau of the Congress
The Congressmen in the case of installation of the new Congress, or the congress participants in the exercise, in the case of installation of a new annual period of sessions within the parliamentary session, or the Parliamentary Groups of the duly constituted, may submit to the Oficialía mayor of the lists of candidates for the positions of the board of Directors of the Congress, until 24 hours before the scheduled date of the election. The lists are complete. You must nominate a candidate for each position that is appropriate, accompanied by the signature of the authorized spokesperson of one or more Parliamentary Groups, provided that the Group is formed.
The Oficialía mayor gives account to the Chairman of the Board of School or Congress, as the case may be, of the lists entered, ordering the President its publication in tables.
If the Chairman of the Board of High school or of the Congress would be candidates for one of the charges to be chosen, presides over the election called to replace it in accordance with the Regulations. In the case of the election of the board of Directors for a new annual period of sessions, the election is held on the same day of the installation or at the latest the next day.
The election of the Bureau of the Congress is held in accordance with the following rules:
(a) Read the lists of candidates proposed, the Board invites two members of congress to serve as of tellers and monitor the normal development of the electoral event. The tellers shall sign the certificates of vote and immediately they will be distributed among the Congressmen. Thereupon, the Chair suspended the session for a few minutes, to the effect that members fill out a ballot.
(b) Re-opening the session, the President puts his vote in the jars, then so will the other members of the Bureau and the congress-tellers, and immediately invited the other members to deposit their ballot papers, ordering them to call them by their surname in alphabetical order.
c) Finished the so-called vote, the President carries out the election, vote by vote, helped by Congressmen tellers, reading each card supported.
d) Finished the scrutiny, the President proclaimed elected members of the Board to the candidates on the list who have managed to obtain a number of votes equal to or higher than a simple majority of members of congress concurrent. If no list gets the most simple is to be carried out, following the same procedure, a second ballot between the two lists with the highest number of votes, being proclaimed to the candidates on the list that get most votes.
e) then, the chosen candidates take the oath, and shall assume their duties immediately. The President-elect shall be filed with the Board President who presided over the election, the rest of the members of the Board of Directors shall be filed with the new President of the Congress. In the case of the Preparatory Meeting, the Congress President-elect will be built and will swear the position before the President of the Board, proceeding then the new President to incorporate and take oath to the other elected members of the board of Directors. The Board may arrange for the swearing-in ceremony of the new Congressmen are made by groups. The formula for the swearing-in ceremony will be the common usage, for God and for country, except that some Congressman expressed the desire to dispense with the invocation of God in his oath, which the Board will enter immediately. No member of Congress or of the board of Directors may assume his or her duties or charges if you have not taken the oath.
f) The outcome of the election is communicated officially to the President of the Republic, the President of the Supreme Court of Justice, the President of the Constitutional Court, the President of the National Jury of Elections, the public Prosecutor of the Nation, the Advocate of the People, to the Regional bodies and the Provincial Municipalities of the country.
In case of vacancy of any of the offices of the board of Directors, the President or whoever replaces him will convene elections within five days after the basis of the vacancy. In this hypothesis, if necessary, you can quote a special session.
CHAPTER II
Statute of congress
Article 13.- Designation of members of Congress
The Congressional representatives are called Congresspersons. In the official documents may use, under his name, the name Congressman of the Republic.
Article 14.- Representative Mandate
The Congressmen represent the nation. Are not subject to any imperative mandate.
Article 15.- Indispensability of the position and vacancy
The position of Congressman is indispensable. Only cow by death, disablement permanent mental or physical that prevents exercise the function and by disabling superior to the parliamentary session, or removal in application of the provisions of Article 100 of the Constitution.
Article 15-A. Loss of parliamentary seat
In the event that a congressman has been sentenced by final judgment for the commission of a crime against the public health in the form of illicit drug trafficking, terrorism, human trafficking and money laundering from these unlawful, shall not be applicable to the provisions of article 25 of the Regulations of the Congress of the Republic on replacement for the accesitario.
Article 16.- Processing of members of congress by the commission of common crimes
The congressmen of the Republic may be prosecuted criminally by the commission of common crimes allegedly committed during the period of validity of the representative mandate for which they were elected, in accordance with what is stated in article 93 of the Constitution.
Article 17.– Inviolability of opinion
The Congressmen are not responsible to any authority or court for any of the opinions expressed or votes cast in the exercise of their functions.
Article 18.- Exclusivity of the function
The role of Congressman is full-time. Includes work in the sessions of the Plenary, the Permanent Commission and the Committees, as well as in the Parliamentary Group and the attention to the citizens and social organizations, and any other parliamentary work, eventually taking a position on the board of Directors or the Board of Directors of the Congress.
Article 19.- Incompatibilities
The position of Congressman is incompatible:
(a) With the exercise of any public function, except that of Minister of State, and the performance, with the authorization of Congress, commissions, overtime of an international character.
(b) With the condition of a manager, agent, representative, agent, attorney, or a controlling shareholder or a member of the board of companies with State contracts for works, supply or procurement, or administering revenue or providing public services.
c) With the condition of a manager, agent, representative, agent, attorney, or a controlling shareholder or a member of the board of companies or private institutions who, during his parliamentary mandate, to obtain concessions from the State, as well as in companies in the banking system, finance and insurance, supervised by the Superintendence of Banking and Insurance.
Article 20.- Prohibitions
During the exercise of the parliamentary mandate, members of congress are prohibited:
(a) Play any charge or practice any profession or occupation, and during the hours of operation of the Congress.
(b) To acquire shares or to accept charges or representations in companies listed in subparagraphs (b) and (c) of Article 19 above.
c) To intervene on behalf of third parties in cases pending before the Judiciary.
d) Integrate the Oversight Commission and Comptroller, Commission on Parliamentary Ethics and the Sub-commission of Accusations of the constitution of the Standing Committee, as well as other Committees Ordinary acting in the exercise of its oversight role, when they are included in criminal proceedings.
(e) Integrate the Intelligence Committee of the Commission or the National Defense, Internal Order, Alternative Development and the Fight against the Drug, given the situation described in the fifth paragraph of article 34.
Article 21.- Labour legislation and Social Security
The Congressmen are public officers in the service of the nation. Are not included in the administrative career, except for the provisions set forth in the Legislative Decree No. 276, in which they were applicable. Can't exercise their rights to organize and strike.
You have the right to social security in the field of health and pension. The period exercised will be deemed to be for the computation of services rendered to the State in accordance with the decree Laws Nos. 20530, 19990, 19846 and 21021, according to the regime to which it belongs, and on the basis of the right pensioner, who had to enter the Congress.
In addition to the services of Social Security in health care of the State, the members of congress are entitled to the hiring of private insurance for themselves and their dependent family members (spouse and blood relatives in the first degree).
Article 22.- Functional Rights
The Congressmen have the right:
(a) To participate with voice and vote in the sessions of the Plenary and when a member of the Permanent Commission, the Commissions, the Board of Directors, of the Board of Spokespersons and the board of Directors, in accordance with the rules and regulations. May participate with voice but without vote, in the meetings of any committee and that are not members or, being members of one of them, has the quality of accesitario and the owner is present.
In the meetings of the secret Committee of Intelligence will be able to participate Parliamentarians who do not make up the Commission, provided that there is a majority vote of a permanent member, and they must keep the secret of the classified information of the acknowledge, even after the termination of their functions.
(b) To request the reports that they may deem necessary to the organs of the Government and the Administration in general, and get timely response from them, in exercise of the power granted to them by Article 96 of the Political Constitution.
c) To submit proposals of law and the other proposals set out in this Regulation.
d) To choose and apply, in this latter case as a member of a Parliamentary Group, the members of the board of Directors of the Congress or of the commission, or to be appointed as a member of the Standing Committee or of the Board of Directors.
e) To submit requests in writing to meet the needs of the people they represent.
f) To have the services of staff, advisory and logistical support for the performance of its functions.
The legislators perceived an assignment for the performance of the function in congress, the same that is non-remunerative. Such an allocation is not pensionable, or equivalent, and is also subject to the payment of Income Tax.
(g) adequate remuneration is subject to the payment of the taxes act and compensation for time of services pursuant to such remuneration.
The salaries of Congressmen will be published in the official journal.
(h) To keep the respect and the care that correspond to their quality-of-representatives of the Nation, according to the hierarchy established in Article 39 of the Constitution. This right does not cover their abuse for personal gain or third parties.
(i) To request an official license to exercise the functions referred to in the second subparagraph of Article 92 of the Constitution, and sick leave or official travel. In the case of sick leave, and after lift-documented when it is for more than seven days, will be granted leave to be; in the case of a license for the particular trip will be decided according to the evaluation made on the motives for, or the usefulness of the journey for the benefit of the Congress or the country. In other circumstances not expected to decide the Board.
(j) To receive the same facilities, material, economic, and personnel required for the best performance of their functions.
k) To use your native language or native, in the exercise of their parliamentary role. For this purpose, the Congress of the Republic requires the congressman, at the time of the receipt of your credential, and in accordance with article 8, an affidavit that point to your native language, native or indigenous, so that you can have direct communication or reverse, oral and written into its work parliamentarians. This is to ensure that the Congress will assign an interpreter or translator Service Parliamentary, duly certified by the peruvian State.
Article 23.- Functional Duties
The congress participants have the obligation to:
(a) To participate in the sessions of the Plenary, the Commission's Permanent when they are members of the Committees to which they belong and of the board of Directors, the Board of Directors and the Board of Spokespersons, when they are elected or appointed to these bodies.
Absences unexcused to the sessions of the Plenary and of the Standing Committee are posted on the website of the Congress and give rise to the corresponding discount, the same as that calculated on the basis of the absence by day in the voting, which was performed and recorded in the sessions. The discount is applied according to the following rules:
(i) at The end of each day, we compute the attendance record prior to the votes taken at the sessions of the Plenary and of the Permanent Committee, for the purpose of computing the percentage of non-attendance to the vote of every Congressman.
(ii) If the percentage of unexcused absence from the total number of votes carried out in a day is superior:
ii.1) At 20% and up to 30%, will be deducted 30% of the remuneration daily Congressman;
ii.2) 30% and up to 40 per cent, will be deducted 40% of the remuneration daily Congressman;
ii.3) To 40% and up to 50%, will be deducted 50% of the remuneration daily Congressman;
ii.4) 50% or more, will be deducted a day of remuneration of the Congressman.
Absences unexcused meetings of other bodies of the Congress mentioned in this subsection, we belong to the Congressmen give rise to a discount of remuneration daily. If the unexcused absence on the same day is partial, assisting the Congressman to any or some of the organs of the Congress to which you belong, the discount is proportional.
In the case of the bodies of the Congress integrated by members and alternates, the responsibility on the absence or removal lies with the owner if you do not notify in writing in advance that it will be replaced by a substitute determined. If the substitute is pointed out is not the case, assumes the responsibility and the consequences of its absence.
In case of doubt or dispute about the application of the provisions contained in this subsection, resolves the Board.
(b) To comply and enforce the Political Constitution and laws of Peru, as well as respect the present Rules of the Congress.
c) maintain a personal conduct issue, of mutual respect and tolerance, and to observe the rules of courtesy in common use, and the discipline parliamentary contained in this Regulation.
d) To submit a sworn declaration of assets and income to take possession of and at the end of his mandate, as well as on an annual basis in the opportunity and within the time period set by the law.
e) formulate proposals duly studied and documented.
f) Stay in communication with citizens and social organizations with the aim of understanding their concerns, needs, and process them according to the existing rules, which constitute five consecutive working days per month in the constituency of origin or in any part of the country, individually or in a group. Also, must deal with the complaints properly supported and documented of the population, to monitor the respective authorities and contribute to mediate between citizens and their organizations and bodies of the Executive Power, reporting regularly on their performance in parliament. This standard does not promotes the realization of acts intended to get privileges to any person or group. For the fulfillment of this obligation, the owners of the entities of the public administration, within the framework of the law, provide the facilities of this case, under the responsibility.
To participate in the functioning of the offices decentralized Congress and in public hearings with the support of the Congress of the Republic and the state bodies of each constituency, as demarcated in the system of the electoral district multiple.
In the case of the delegates elected by the constituency of Peruvians living Abroad, make up to seven calendar days of continuous in their constituency.
In addition, and in order to improve parliamentary representation, the Board provides the technological tools needed to optimize a constant virtual communication between the congressmen and the peruvians.
g) to take care Of the public goods that are made to your service and promote the rational use of consumer goods provided by the State. This obligation includes the duty to account for documented expenses incurred on official travel or visits to foreign countries with the travel bag.
h) submit, then made an official trip or visiting for the account of the Congress, a report to the Board on all matters that may be useful to the Congress or the country. It deems it advisable, the Board may arrange for the reproduction of the report and have her sent to the Commissions, all the Congressmen or the organs of the State that may have interest in the information that it contains.
(i) submit to the office of the Comptroller General of the Republic, the Affidavit for the Management of Conflict of Interest.
Article 24.- System of disciplinary sanctions.
For acts of indiscipline, the Congressmen may be given:
(a) a written warning and reserved.
(b) a public warning, by Resolution of the Congress which will be published in the Official Journal El Peruano.
(c) suspension of exercise of the charge and discount their assets from three to one hundred and twenty days of the legislature.
In the precise determination of the penalty, those of you who must propose it will act with discretion of consciousness, constituting a precedent to be applicable in similar cases.
Article 25.- Replacement for the accesitario
In case of death, illness or accident that may disable in a permanent way for the exercise of their functions; or who has been disqualified or removed from office on impeachment for violation of constitutional; or who has been sentenced by final judgment to disqualification of the actual freedom by the commission of intentional crime, the Congressman will be replaced by the accesitario.
In the case of criminal proceedings, if the Congressman has been suspended in preliminary hearings political or imposed detention for more than 120 calendar days, and while these situations can last, will be replaced by the accesitario. In such cases, their assets shall be deposited in a special account. If it is cleared, you will be given the accumulated sum and regain all their rights. In the case of a conviction for intentional crime, the deposit amount will revert to the budget of the Congress.
In the case of incapacitation due to illness, the Congressman affected will not receive their salaries during the period of parliamentary.
CHAPTER III
Organization of the Congress
INTRODUCTORY SECTION
General Provisions
Article 26.- The organizational structure of the Congress
In the organization of the Congress is made between the field of organization and work of the congress which will be named the organization's parliamentary and the bodies of advice and administrative support that will be referred to as service parliamentary.
The Standing Committee has a regime of special organization. It also has the Center for Constitutional Studies and representatives in Congress, the same that is governed by its Statute approved by the Board of Directors at the proposal of the President.
Article 27.- Organization Of Parliamentary
The organization of parliamentary Congress has the following bodies:
(a) to The Full.
(b) The Board of Directors.
c) The Presidency.
(d) The board of Directors.
(e) Commissions, which may be ordinary, research and special.
(f) The Board of Spokespersons.
All the organs of the Congress have an obligation to provide the information and issues about which they know and take competition to the parliamentary institution. The Chair or, in his case, the speaker of each body, provides for the remission of the information on the work carried out by the bodies that govern or represent the body of the service parliamentary responsible for centralizing, systematize, organize, and statistically publish such information. The data is presented and organized according to the guidelines of the conceptual and operational criteria approved by the board of Directors, according to the proposal of Oficialía mayor. The absence of such an implementation technique is not excites the compliance of this standard.
Article 27-A. Operating virtual
Upon the occurrence of circumstances of gravity that prevent the normal functioning of the Congress, the bodies referred to in the preceding article will be able to meet virtually, pursuant to the provisions of article 51-A.
Also, shipments congressional and parliamentary groups will be able to work virtually or remotely, using the technological tools that will facilitate the administration of the Congress.
For the purposes of verification of the quorum and the voting, it may be considered, unless stated to the contrary, the speaker, move the nominal vote of the members of his parliamentary group.
Article 28-A. Defining the mode in which the service parliamentary its functions
Upon the occurrence of circumstances of gravity that prevent the normal functioning of the Congress, the board of Directors shall define the manner in which the service parliamentary need to fulfil their roles.
Article 28.- Service Parliamentary
The service parliamentary Congress has with the organization that recognizes the Statute of the Service Parliamentary, the same in which it is defined bodies, skills, and holders of the organizational structure, as well as the terms, conditions and limits of the regime and the employment relationship and of the specialized bodies that serve and support the parliamentary functions of the national representation. The Status of the Service Parliamentary is approved by the Plenary of the Congress.
FIRST SECTION
Organization Of Parliamentary
Article 29.- The Plenary of the Congress
The Plenary is the highest deliberative assembly of the Congress. Integrate all the participants incorporated and operate in accordance with the rules of quorum and procedure established in the Constitution and the rules of this Regulation. In it are discussed and are to be voted on all matters and shall perform the acts that provide for the constitutional norms, legal, and regulatory.
At the beginning of the annual period of sessions, the Parliamentary Groups and the Council of Ministers shall submit a proposal detailing the topics or projects of law that they deem necessary to discuss and approve during this period. The Plenary of the Congress to vote on the inclusion in the Legislative Agenda of these projects, including the same just to get a simple majority. The discussion of these bills is a priority, both in Committees and the Plenary of the Congress, except as provided by Article 105 of the Constitution of the State and does not preclude the dictaminarse and discussed other projects.
Article 30.- The Board of Directors of the Congress
The Board of Directors is composed of the members of the board of Directors and the representatives of the Parliamentary Groups that are referred to as Executives and Spokespeople, elected by their respective groups. Each Steering-Spokesman holder shall be a deputy chosen by each Parliamentary Group. In the conformation of the Board of Directors, will take care of trying to save a similar proportionality that exists between the Parliamentary Groups in the distribution of seats in the Plenary of the Congress. Has the following functions and powers:
(a) Adopt resolutions and make arrangements for the proper development of the activities of the Congress.
(b) to Approve the Budget and the General Account of the Congress, prior to its submission to the Plenary session of the Congress by the President.
c) Receive periodic reports of the board of Directors, Oficialía mayor and the Office of Internal Audit, on the development of the parliamentary processes, the administration and the state of the economy of the Congress, as appropriate.
d) Receive reports on the policies management of personal and economic resources, and the administrative regulations required, as well as the implementation of public tenders for the execution of works or the acquisition of goods and services.
e) to Approve the agenda of each session of the Plenary, defining the projects that will be discussed in the order of the day of the session, putting them in knowledge of the participants twenty-four hours before the start of the session.
f) Set the time of discussion of the issues contained in the agenda of the session of the Plenary. If the session does not exhaust the agenda, the Board of Directors prepares a new agenda.
g) Approve the plans of legislative work, the table of commissions and any other plan or project which is intended to facilitate or enhance the development of the sessions and the proper functioning of the Congress.
h) to Agree to the grant of special distinctions.
(i) Agree to the authorizations particular license for illness or travel requested by the Congress, taking care that at any time the number of members of congress graduates do not exceed 10%, and only in special cases and extraordinary duly justified, does not exceed 20% of the legal number of members of Congress. This rule does not understand the assumptions referred to in the second subparagraph of Article 92 of the Constitution.
(j) Agree to the authorizations of license to exercise the functions referred to in the second subparagraph of Article 92 of the Constitution.
k) to Agree to the appointment of a senior Officer at the proposal of the President, realizing to the Full.
l) Approve an annual calendar of sessions of the Plenary and the committees, taking into account established by subsection (f) of article 23 of this Regulation.
m) providing for the enforcement of the filing of the Affidavit for the Management of Conflict of Interests of the Congressmen of the Republic, as well as the officials of the Service Parliamentary and advisors of the Organization's Parliamentary determine, before the system of sworn statements to the management of conflict of interests of the General Comptroller of the Republic, that the caution, monitors and publishes on its institutional portal, and he acts according to his powers, in their quality of agency constitutionally autonomous control.
n) The other contained in other articles of this Regulation and those who are entrusted with the Plenary of the Congress.
Article 31.- Sessions of the Executive Council of the Congress
The Board of Directors of the Congress meets before conducting a new Full and Regular in all those opportunities that agreed or when it is convened by the President of the Congress or at the request of one-third of the legal number of its members. The Quorum for the Board of Directors of the Congress do sessions valid is greater than one-half of the legal number of its members. Resolutions are adopted by simple majority of those present.
Article 31-A. - The Board of Spokespersons
The Board of Spokespersons is composed by the Board of Directors and by a Spokesperson for each Group in parliament, who has a vote proportional to the number of members that make up its frame. Corresponds to:
1. The elaboration of the Box Commissions, for approval by the Board of Directors and, subsequently, by the Plenary of the Congress.
2. The release, upon presentation of written supported the Parliamentary Group of the applicant and with the approval of three-fifths of the members of Congress there represented, the formalities of shipping fees and pre-publication. This rule does not apply to initiatives of constitutional reform, of organic laws or initiatives that propose rules relating to the budget, in accordance with the provisions of article 73 of the Rules of the Congress, with the exception of the propositions that contain the draft Budget Law, Borrowing Law and Law of Financial Balance.
3. The expansion of the agenda of the session, and the determination of priorities in the debate, and with the vote approval of the majority of the legal number of members of Congress there represented.
4. The other responsibilities that point to the present Regulation.
Article 32.– The Presidency of the Congress
The President of the Congress has the following functions and powers:
a) to Represent the Congress, and receive the honors that correspond to his investiture.
(b) to Preside over the sessions of the Plenary of the Congress, the Standing Committee, and the board of Directors, granting the use of the word, making save the order and directing the course of the discussions and voting, in accordance with the procedural rules of constitutional, legal, and regulatory.
(c) Comply with the legal system of the Nation, and this Regulation as well as the protection of the rights and powers of the members of congress and the various Parliamentary Groups, to facilitate consensus and agreements, to respect and to ensure respect for the organization and operation of Congress, as an institution of dialogue, and essentially deliberating, it embodies the political pluralism of the Nation.
d) to Sign with one of the Vice presidents, the autographs of the laws, to be sent to the President of the Republic for promulgation, as well as exercise the power to enact the legislation referred to in the first paragraph in fine Article 108 of the Constitution. Also signed by the Regulations of the Congress, the autographs of Legislative Resolutions, the agreements of the Congress and the regulatory standards for publication, such as the administrative decisions that correspond to it in its capacity as the holder of the statement on the budget and the official documents that may be required.
e) Submit to the consideration of the Plenary session of the Congress the draft Budget and the General Account of the Congress, and report to the Board of Directors about the procurement of works and procurement of goods and services for the account of the budgetary resources allocated to the Congress.
f) Submit to the consideration of the Board of Directors the agenda of the sessions of the Plenary and of the Permanent Commission, the box of the conformation of the Committees and the Standing Commission and any plan or project which is intended to facilitate or enhance the development of the sessions, and the productivity of the Congress.
(g) request or order to the organs of the Government and the administration in general, to respond to information requests submitted by the Participants, in accordance with the provisions of article 96 of the Political Constitution. Not received a response, within fifteen days of the submission of the order, provides that one of the Vice-presidents reiterate, in the manner provided for in article 87 of this Regulation.
Provide for the issuance of the Passport that corresponds to the Congressmen lords referred to the Act No. 23274 amended by the Legislative Decree No. 832, and equally to those who have presided over the Congress and may not have any impediment.
h) Monitor the functioning of the parliamentary bodies and on the service parliamentary, as well as to provide what is necessary for the proper administration of the physical and human resources in the service of the Congress.
(i) Publish in the Official Journal El Peruano and other higher-circulation, the ratio of participants who arrive late or do not attend the sessions or not to remain in them, unless they are in session of the Commission.
(j) The others as directed by the Plenary session of the Congress, or that are listed in other articles of this Regulation.
The Vice-presidents replace the President in his order, and assume the functions he is delegated. Subscribe to the official documents of the Congress.
Article 33.- The board of Directors of the Congress
The Board is responsible for the administrative management of the Congress and of the discussions that are held in the Plenary of the same, of the Permanent Commission and the Board of Directors, as well as the official representation of Congress in the protocol acts. It is composed by the President and three Vice-presidents.
The Board oversees the management of the Congress under the political, administrative and financial, that provides, in accordance with the guidelines adopted by the Plenary and the Board of Directors of the Congress.
Agree on the appointment of the higher-level officials of the Congress on the proposal of the senior Officer reporting to the Board of Directors. It also authorizes the procurement of services, and the conduct of competitions and the appointment and contract professionals, technicians, and assistants that are required for the normal development of the parliamentary activities. Approves the Budget and the General Account of the Congress before its submission to the Plenary session of the Congress by the President.
The resolutions of the Board are the rules for the implementation of article 3 and this article of the Regulations of the Congress of the Republic, relating to autonomy and the administrative management of the Parliament. It is mandatory for the senior Officer, under the responsibility.
Article 34.- Commissions. Definition and Rules of Conformation
Commissions are specialised working groups of Congressmen, whose primary function is the monitoring and control of the operation of state bodies and, in particular, of the sectors that make up the Public Administration. Also, it is incumbent on the study and opinion of the bills and the acquittal of consultations on the issues that are brought to their knowledge in accordance with their specialty or subject matter. Each commission is composed of members and accesitarios, with the exception of the Committee on Intelligence, whose members are owners and permanent, not counting members accesitarios. Members accesitarios replaced in case of absence, the respective holder of the same parliamentary group, for the purposes of calculating the quorum and the voting, without prejudice to the rights to which they are entitled as members of congress.
The Plenary of the Congress approves the box conformation of Commissions within five business days after the installation of the annual period of sessions in the month of July, with the exception of the Committee of Intelligence that is chosen by all the parliamentary period. The box is proposed by the President, subject to the agreement of the Board of Directors. In its conformation, both regular members and accesitarios, respected, where possible, the proposals submitted by the various Parliamentary Groups.
For this purpose, the Parliamentary Groups should be submitted to the Presidency of the Congress by their proposals to each of the Committees, with indication of the members and the accesitarios and the sequence in which they will replace the first. Are not acceptable substitution for the exercise of the offices of President, Vice president and Secretary of the Commission.
In the conformation of the Commissions is attempting to apply the principles of plurality, proportionality, and specialized in the matter. The distribution of the policies of the Committees respecting the proportionality of the Parliamentary Groups that make up the Congress. The distribution of the participants at the same it streamlines so that no Congressman belongs to more than five Committees or less than one, between the Ordinary, the Research and special study and work together, except for this rule to the members of the board of Directors. Is exempt from this rule, participation in Commissions formal or ceremonial.
With respect to the conformation of the Commission of Intelligence or of the Commission of National Defense, Internal Order, Alternative Development and the Fight against Drugs, may not be a member holder, or accesitario congressman who is being investigated, prosecuted or that you have a conviction for any of the crimes provided for in articles 296, 297, 298, 299, 300, 301, 302, 316 and 317 of the Criminal Code, as well as in the Decree Law 25475, or the Law 30077. If any of the members of any of these committees, subsequent to its formation, is to be investigated or prosecuted for any of the offences referred to, immediately ceases to be a member of the committee and its parliamentary group proceeds to elect his replacement.
Article 35.- Kinds of Commissions
There are four types of Committees:
(a) Commissions Ordinary; in charge of the study and the opinion of the ordinary affairs of the agenda of the Congress, with a priority on the legislative function and control. The President of Congress, in coordination with Parliamentary Groups or upon consultation with the Executive Council of the Congress, proposes the number of Commissions Ordinary taking into account the structure of the State. However, they must conform to at least the following Committees Common shares:
1. Agrarian.
2. Science, Innovation and Technology.
3. Foreign trade and Tourism.
4. Constitution and Bylaws.
5. Culture and Cultural Heritage.
6. Defense of the Consumer and Regulators of Public Services.
7. National defense, Internal Order, Alternative Development and the Fight against Drugs.
8. Decentralization, Regionalization, Local Government and Modernisation of the Management of the State.
9. Economy, Banking, Finance, and Financial Intelligence.
10. Education, Youth and Sport.
11. Energy and Mines.
12. Control and Comptroller.
13. Social inclusion and People with Disabilities.
14. Intelligence.
15. Justice and Human Rights.
16. Woman and Family.
17. Budget and the General Account of the Republic.
18. Production, Micro and Small enterprises and Cooperatives.
19. Pueblos Andinos, Amazónicos y Afroperuanos, Environment and Ecology.
20. Foreign Affairs.
21. Health and Population.
22. Labour and Social Security.
23. Transport and Communications.
24. Housing and Construction.
Other Commissions as may be Ordinary make up trying to standardize its specialty with the subjects that correspond to the portfolios by the Ministers of State and the most relevant issues for the country.
(b) Commissions of Inquiry; in charge of the study, the research and the opinion of the matters brought to their knowledge in application of Article 97 of the Constitution. Enjoy the privileges and limitations identified in this constitutional rule, and the present Regulation.
c) Special Commissions; made for formal or ceremonial, or for the completion of any special study or joint work with committees of the Government, as agreed upon by the Plenary at the proposal of the President of the Congress.
d)Committee on Parliamentary Ethics; in charge of promoting the Parliamentary Ethics, to prevent acts that are contrary to the same, reply to any queries that you made, and resolve in the first instance, complaints are made in accordance with the present Code of Ethics.
Article 36.- Organization
The commission members elect from its members a President, a Vice-president and a Secretary, respecting the criterion of proportionality of the Parliamentary Groups that compose them. You can also participate in the election of the member accesitario to replace, by absence, by a member. The act of election shall be convened and chaired by the older member. The choice is made within five days of the adoption of the fee schedule by the Plenary of the Congress. The act electoral stands an Act, a copy of which will be delivered to the President and senior Officer.
If for any reason, the choice is not carried out within the established term, the board of Directors must convene the election and designate who is to preside over the ceremony. The Plan of Work of the Commission should take into account the Legislative Agenda approved by the Plenary of the Congress and to respond to the agreement of the various Parliamentary Groups represented in the Commission.
The Chairmen of the Ordinary to be presented to the President of Congress, in a term not more than 30 days after the end of the Second Legislature, Regular, a report of the work done.
Article 37.- The Parliamentary Groups. Definition, formation and Registration
The Parliamentary Groups are groups of members of congress who share ideas or common interests or similar and make up according to the following rules:
1. The parties or alliances of parties to achieve representation in the Congress of the Republic, are Parliamentary Group provided that they have a minimum number of five Congressmen.
2. If you do not reach the number of representatives referred to in the previous subsection, shall be considered as a Parliamentary Group Special only for the purpose of presentation of projects of law.
3. In any case, can constitute a Parliamentary Group separated the members of congress who belong to the same party.
4. Each Parliamentary Group adopts its rules of procedure, which shall respect the guarantees of the due process and contain the rights and duties of its members. This regulation is approved by a majority of the legal number of its members and requires all of them, to be presented to the Board of Directors. The Congressman, who considers that he has been expelled from irregular manner of its Parliamentary Group, you can operate in the first instance to the Board of Spokespersons and the second and final instance to the Board of Directors, draining the instance of the parliament. If the sanction is revoked or cancelled, you may choose to return to his Parliamentary Group, join another, or to join the Mixed Parliamentary Group provided for in paragraph 6.
5. There may be a new Parliamentary Group or join another, the members of congress who resign, are separated or have been expelled from the Parliamentary Group for which they are elected, except in the case of electoral alliances in accordance with the law, that they have decided to disband, in which case it will be possible to create Parliamentary Group in accordance with the numeral 1.
This prohibition is not applicable to the members of congress who renounce the Parliamentary Group, for violation of the guarantees of the due process or the rights contained in the rules of procedure of the Parliamentary Group, with recourse to such effects, in the first instance to the Parliamentary Group and in the second and final instance before the Board of Directors.
6. The members of congress who had resigned in accordance with the second paragraph of section 5, or those whose sanction of expulsion had been rescinded or annulled in accordance with the provisions in paragraph 4, will be able to join another parliamentary caucus or the integration of the Mixed Parliamentary Group, which to comply with the provisions of paragraph 1 of article 37, has the same rights and powers that correspond to the Parliamentary Group formed by the lower number of Congressmen formed at the beginning of the parliamentary session, also, in regard to the application of the principles of proportionality and pluralism.
SECOND DIVISION
The Service Parliamentary
Article 38.- Organization of the Service Parliamentary
In accordance with article 94 of the Constitution, the Congress defined organic structures and functional competent service parliamentary, in charge of supporting, advising and assisting in the tasks, objectives, and functions of the parliamentary legislative, control and representation of the members of congress and of the organs of which they are members.
Is the purpose of the service parliamentary development and execution impartial and politically neutral of activities, services and products to institutional reliable, consistent, timely, and effective. Has functional autonomy and management, within the limits determined by the Status of the Service Parliamentary and other internal arrangements.
Article 39.- The Office of Internal Audit of Congress
The Office of Internal Audit of the Congress is the specialized body that, by applying techniques and auditing standards, carries out the control over the accounting of the Congress, the application of budgetary resources and the management of the dependencies that make up the service parliamentary. It is the responsibility of an Auditor-General of the Congress, appointed by agreement of the board of Directors at the proposal of the President.
The Auditor General of the Congress may seek information from any reliance on the service parliamentary. On a periodic basis and when prompted, reports to the board of Directors and the Board of Directors about the performance of their functions, and in a mandatory way at the end of each financial year budget.
Article 40.- The Oficialía mayor of Congress
The Oficialía mayor is the highest organ of service parliamentary Congress. Is in charge of an officer called the chief of the Congress, who is accountable to the President for the progress and results of the dependencies and personal service parliamentary. Corresponds to this end, the direction, supervision and control, directly or by delegation, of all the activities of the service parliamentary dedicated to preparing, to attend, to support and facilitate the organizational tasks and functional members of congress.
The senior Officer has the legal representation of the administration, is the head of all the personal and account with competition discipline. By delegation from the President and charged to give an account, you can enter into contracts necessary to ensure the normal operation of the Congress and of the service parliamentary. Is appointed, and his appointment is revoked by resolution of the Board of Directors.
Their powers and responsibilities, as well as those that correspond to the organs and personal service parliamentary set out in the Statute of the Service Parliamentary. Ceases in the office by resignation, loss of its status as an officer, retirement or retirement, in the impossibility for the performance of their duties, termination or revocation of his appointment. In case of absence or temporary disability is replaced by the Director-General in parliament.
Article 41.- Status of the Service Parliamentary
The staff of the Congress has a Statute of the Service Parliamentary, the same one that frames the development of the race, and governs the rights and responsibilities of own performance and permanence in the Congress, and in establishing the organizational structure and powers of the management.
The Status of the Service Parliamentary aims to allow the incorporation of suitable personnel, to ensure their stability and regular growth in the race, to facilitate their development, and to promote their personal fulfillment in the performance of the responsibilities that he is required to complete the service parliamentary. In he needed the special aspects of the labour regime and the specific mission of the specialized bodies, and must provide for the creation of a record detailing the entire staff of the Congress, regardless of its labour regime and the form of recruitment, as well as the regime pensioner and other individual information of the worker. This registration will serve as a base reference to a particular worker, according to their specialty, go to integrate, is required, and according to the availability of places, the service parliamentary.
CHAPTER IV
Permanent commission of the Congress
Article 42.- Definition, general features and composition
The Permanent Commission of the Congress is installed and at the latest within fifteen days subsequent to the installation of the first regular session. He exercises his constitutional duties during the ordinary functioning of the Congress, during its recess, and even in the interregnum of parliamentary derived from the dissolution of the Congress.
The Standing Committee is chaired by the President of the Congress and is made up of not less than twenty delegates elected by the Plenary assembly, keeping the proportionality of the representatives from each parliamentary group. The President submitted for consideration at the Plenary session of the Congress the payroll of the congressmen proposed to conform to the Permanent Commission, not later than within five business days after the installation of the first annual period of sessions. The choice is made within five business days later. The Vice-presidents of the Standing Committee are the Vice-presidents of the Congress.
Article 43.- Constitution and functioning of the Commission, Permanent
The Permanent Commission of the Congress is convened during the recess of the Congress and the other cases mentioned in this Regulation, without prejudice to its installation after the appointment of its members by the Full. You can, however, be called within the period ordinary or extraordinary sessions when necessary to comply with the formality of charge constitutional referred to in Article 99 of the Constitution.
The Standing Committee also meets at the request of one-third of the legal number of its members.
The Standing Commission convenes according to the role that she passes and when the call of the President.
Article 44.- Rules of procedure of the Standing Commission
The Regulations of the Congress is the Regulation of the Standing Committee and the other Committees, in what is applicable to them.
Article 45.- Indissolubility of the Standing Commission
The dissolution of the Congress by the President of the Republic on the application of the power under Article 134 of the Constitution, it does not reach the Permanent Commission.
Article 46.- Control over the legislation of urgency in the case of the dissolution of Congress
During the interregnum, parliament or of the recess parliamentary Standing Commission exercises its control functions in accordance with the Constitution and the Rules of procedure.
CHAPTER V
Operation of the Congress
SECTION PRELIMINARY
Periods, Sessions and Quorum
Article 47.- Parliamentary session
The parliamentary session ranges from the installation of a new Congress elected by popular vote, to the installation of the elected in the next election. The parliamentary session has a normal length of five years; however, it may last a shorter period in the case of a new Congress, elected as a result of the dissolution of the former by the President of the Republic, in the terms established in the second paragraph of Article 136 of the Constitution.
Article 48.- Annual session
The annual period of sessions ranging from the 27 of July of a year until the 26th of July of the following year.
Article 49.- Regular sessions
Within the annual period of sessions, there will be two regular sessions or legislatures:
(a) The first starts July 27, and ends on the 15th of December.
(b) The second it starts on the 1st of march and ends on the 15th of June.
In either case, the President of the Congress can extend the call with agenda fixed. You must also be convened if requested by at least fifty percent plus one of the Delegates.
Article 50.- Sessions extraordinary
The periods of extraordinary sessions are convened under subparagraph 6) of article 118 and article 130 of the Constitution, in addition to the call by the President of the Republic and in the form required under the hypothesis mentioned in the second paragraph of article 130 of the Constitution. Published the Decree, the President ordered that he immediately proceed to quote the Congressmen.
It also calls for periods of extraordinary sessions when requested in writing by three-fifths of the legal number of members of congress. In the application of call should be the subjects matter of the call. The President of the Congress convenes representatives to periods of extraordinary sessions within fifteen days of the receipt of the application, failing which the call is made by one of the Vice-presidents of the Congress, in its order, or the Highest Official, in latter case.
During periods of extraordinary sessions may only be dealing with the themes area of the call.
Article 51.- Sessions
The Plenary of the Congress, the Standing Committee and the Committees meet in sessions, where you will debate and adopt resolutions on the issues and the proposals that are submitted to your consideration, in application of the procedural rules and regulations.
During the development of the sessions, the congressman whose mother tongue native or indigenous to be different to Spanish, you can request the presence of an interpreter, in accordance with paragraph (k) of article 22.
The Plenary of the Congress meets in session in regular sessions at least three (3) times a month, or at any time when requested by one-half plus one of the Congressmen or upon the call of the President for extraordinary reasons or emergency, or when the same Full or the Board of Directors agreed to a special role of sessions that you can include, if applicable, the full theme on specialist subjects of the commissions ordinary. The full theme is developed with the same rules applicable to the full ordinary.
Article 51-A. Agreement to provide for the development of virtual sessions of the Plenary assembly and other organs
In circumstances of gravity that prevent the development of face to face sessions, the president of the Congress, with the approval of the Board of Spokespersons representative of three-fourths of the legal number of members of congress, you can have the development of virtual sessions of the Plenary and of the other bodies of the organization of the parliament.
The digital tool or technology that will be implemented for these effects must ensure the public nature of the virtual discussions, except that the justification for his reserved character, or secret, as well as the identification and the full exercise of the rights of the participants that make up the parliamentary bodies, among which are the rights of participation, deliberation and vote.
Article 52.– Quorum and majorities
For the purpose of calculating the quorum and the verification of the results of voting on the cases that require special majorities, will take into account the following concepts:
(a) legal Number of participants: one hundred and thirty.
(b) Number skillful of Congressmen: the legal number of members of congress unless the number of members of congress who are of license granted by the Board of Directors, who are suspended and not incorporated. To this effect is considered to be licensed to all Congressman that is outside of the capital of the Republic, interned in a clinic or hospital or ill in your home with a medical certificate at the time of making the computation corresponding, even if not requested.”
The quorum for the conduct of the sessions of the Plenary is greater than one-half of the number skillful of members of congress. Not included in the number skillful to members permitted to attend a Commission in the offices of the Congress, pursuant to the preceding article. When there is doubt about the number of participants present at the session, any Congressman can request that before the vote is to verify the quorum.
The quorum for the conduct of the meetings of the Permanent Commission and of the various Committees of the Congress of the Republic is greater than one-half of the number skillful of its members. The agreements are taken with a simple majority vote of all members present at the time of the vote, including the vote of the President.
In the event of a tie in voting, the President shall have a casting vote.
FIRST SECTION
Regular sessions of the Plenary session of the Congress
Article 53.- Agenda of the ordinary session
The regular sessions of the Plenary session of the Congress are developed in accordance with the agenda approval of the Board of Directors; however, in the course of the discussion, you can change the agenda by the Board of Spokespersons, with the vote that represents a minimum of three-fifths of the members of Congress.
The President of the Congress has the power to amend the agenda to introduce urgent matters referred to in paragraph (c) of Article 54 following.
Article 54.- Structure and rules of the sessions
The regular sessions of the Plenary session of the Congress are developed in accordance with the following structure:
(a) the date and time designated for the meeting, the presiding officer shall order that a quorum. If it is in accordance to announce that there is a quorum in the living Room and proceeds to start the session. Not having a quorum in the Hall, the President will announce and suspend the meeting, calling for new time or date and ordering the publication of the names of the Congressmen who with his absence have prevented the session. This list will be excluded only to the members of congress who are enjoying license or session of the Commission duly authorized.
b) Open the session, the President put to the consideration of the Plenary session of the Congress by the Act of the preceding session to the attention of the congress with twenty-four hours in advance. Once approved, the Highest Official of the book and make the sign of the President and Vice presidents who act as secretaries. If there are comments, they will be presented in writing and the President ordered the insertion in the Act.
c) Finished the process of approval of the Act, the President shall run to the agenda approved. Besides being the case, it will give priority to:
– Applications for the approval of the declaration of war, signing the peace, and for the extension of the state of siege, sent by the President of the Republic after the last session of the Board of Directors.
– The trades by which the appropriate authority makes available to the Congress to the members of congress who have been apprehended in flagrante delicto.
– Requests for the fixing of the date and time for direct messages to the Congress, on a date other than the installation of the first session, sent by the President of the Republic after the last session of the Board of Directors.
– The travel authorization requests to the outside, sent by the President of the Republic after the last session of the Board of Directors.
d) then, the President will open the season order of the day, announcing the matters matter of debate and voting.
(e) upon the occurrence of any of the ministers or the Council of Ministers in full to be challenged or to expose and discuss the general policy of the Government and the major steps required for their management or to report on any matter of public interest or to participate in the station of questions, it proceeds to receive them. For this purpose, the Chair suspended the session for a few minutes and then invites the President of the Council of Ministers or the Minister, as the case may be, to perform their exposure. The same rules apply when there are Ministers, the President of the Supreme Court, the public Prosecutor of the Nation, the President of the National Jury of Elections and the Ombudsman to discuss, or support, as the case may be, the Budget and the financial rules, respectively.
After the presentation, it opens up a role of speakers, applying the regulations or the rules that is agreed to by the Board of Directors. At the end of which, it will grant the use of the word to the President of the Council of Ministers or the Minister to answer the questions posed by the members of congress and defend their points of view.
The Ministers attending the Plenary session of the Congress to participate in the discussion in the use of the power granted to them by the first paragraph of Article 129 of the Constitution, they do so in the same conditions that the Congressmen, but they have the privileges of a Parliamentary Group. Can't vote if you are not Congressmen.
f) When there are high officials of the State defendants by the constitution to exercise its rights of defence, it will be sent to you in the time and date set by the Executive Council, after notice to the accused.
Article 55.- Rules of debate
(a) The opinions, reports, proposals dispensed of opinion, and the motions of the order of the day are not read in Full, unless the President deems it necessary. In any case, only be read preferably the operative part or the sumilla.
(b) The President, the Vice president, the Secretary of the Commission, respecting the priority, supports the opinion or the report concentrated on the proposal submitted for consideration no more than ten minutes.
The Commission is empowered to delegate referred to lift in any of its members, a designation which operates on a supplementary basis to that set forth in the preceding paragraph. If there is opinion in the minority, it sustains one of the signatories for the same time.
If the opinion or report is unanimously vote; however, the President may grant you two minutes to each Parliamentary Group to expose the reasons for their position.
On the same subject may request the use of the word, the author of the proposition by no more than five minutes. The rest of the members of congress who wish to speak will do so in accordance with the system agreed by the Board of Directors. In the discussions general propositions of law may only intervene speakers are designated by the Parliamentary Groups, for the space of not more than ten minutes each, in addition to the President, or delegate of the Commission or of the signatories to the opinion in the minority.
First we will discuss the opinion in the majority; if it is approved it will store the minority. If it is rejected by the majority, will be the minority.
If there were conflicting opinions more of a Commission on the same or the same propositions of law, first it will be discussed in the Commission contained in the first term in the decree of shipment.
The president of the commission dictaminadora will receive input and suggestions in writing and signed by congressmen during the debate, after which, if the case, submit a text alternative duly supported, which will be read before being submitted to the vote of the Plenary session.
c) The Board of Directors shall agree whether or not there is a general discussion of the propositions of law and in any case shall set the maximum time to debate and agree the system to be used for the use of the word, taking into consideration the following options:
– Agreeing that can make use of the word, the Congressmen who request it, for not more than five minutes each, by distributing the maximum time agreed to the debate on proportional relationship between the different Parliamentary Groups.
– Agree that you may only use of the word, the spokespersons of the Parliamentary Groups of the space of no more than ten minutes each or distributed on a pro rata basis or equal to the maximum time agreed to the debate, for the purpose of assessing the Group's position on each issue.
– To agree on an additional form for the granting of the use of the word for a short time for replicas and dúplicas.
When the Board of Trustees agreed that there will be a general discussion for a particular proposition of law, it is also to agree the time of the general debate and the one that corresponds to the debate by the parties, indicating in the latter case if it will make for titles, chapters, sections or article-by-article. In any case, give preferential treatment to that proposed by the Commission dictaminadora.
d) The interruptions will be granted by the President at the request of the Congressman who is making use of the word. May not exceed one minute, which will be deducted from the time that corresponds to the Congressman interrupted. No interrupts come from within other interruptions. Can't be more than two interrupts to the same speaker.
(e) When there are members of the Council of Ministers or other senior officials of the State, the following rules apply:
– In the case of inquiry or of the exposure and the discussion of the general policy of the government and the measures required for its management referred to in Article 130 of the Constitution, the President of the Council of Ministers may make use of the word up to sixty minutes, and each one of the Ministers, by the space of not more than fifteen minutes. The Congressmen will intervene by Parliamentary Groups or individually, according to the special rules agreed by the Board of Directors. To answer, the President of the Council of Ministers will have an unlimited period of time (within reason), in both the Ministers will be able to answer using the time granted to them by the Board. The minister may grant interruptions for not more than two minutes, with the prior authorization of the board of Directors. After his intervention, the members of the Council of Ministers will be able to leave the Room at any time. In the case of investiture of the new Council of Ministers, the President will pose a question of trust before leaving the Room.
– If it is a participation in the station of questions, the President gives the floor to the Minister to answer the question which was sent in early, in a period no longer than three minutes. The Congressman is entitled to a cross-examination, for a period of time not more than a minute, after which will come the final speech of the Minister, not to exceed two minutes.
– If it comes to the debate and for the sustainability of the Budget, the President shall give the use of the word in the first term to the Minister of Economy and Finance to support the statement of income without a time limit, and each of the ministers to support the statement of expenditures of its sector for a period of time not to exceed thirty minutes, or according to the role fixed by the Board of Directors in coordination with the Chairman of the Council of Ministers. In the same way to proceed when you tap the turn on to the President of the Supreme Court, the public Prosecutor of the Nation, the President of the National Jury of Elections and the office of the Ombudsman.
– If it is an invitation to report, the President shall give the floor to the Minister invited for a time of no more than sixty minutes, to effect which make your report. If there are several ministers invited the Board of Directors shall determine the time that should correspond to each one. Then speak to the spokespersons of the Parliamentary Groups for a period of time not to exceed twenty minutes each. If the Minister so requests, the President will be granted new time to clear up some dubious concept or refer to the views expressed by the members of congress who took part.
– If it is a participation in the station of questions, the regime established is that contained in Article 85 of this Regulation.
f) When there are high officials of the State, charged by the constitution to exercise the right of defence contracts to Article 100 of the Constitution, the President granted the defendant a time of twenty minutes to present his / her argument. Is the authority of the defendant to give away some of that time to his defense attorney. After the presentation the accused or his representative is removed from the Room.
SECOND SECTION
Votes
Article 56.- Chance of Voting
Finished the discussion of a matter, or the time fixed by the Board of Directors, or when they have already made use of the word, the members of all the Parliamentary Groups that request it, or when required by the Regulations, the President shall announce that it will proceed to vote.
Made the announcement, shall be the quorum. From that moment on, no congressman should leave the Room until the completion of the act of voting. Announced the close of voting for the president, this proclaims the result. After that, it is not necessary modification or addition of votes. The congressman refrain may base its written until the following session.
The Chairman has the casting vote and in the case of participating in the debate will cede the Presidency to who should replace him, occupying his seat, and speaking in the same terms with other Congressmen.
Article 57.- Classes of voting
All votes are public unless two-thirds of the members days of Full and agree that they are a secret.
Voting can be:
(a) By the board: When every Congressman operates the electronic voting system, by logging in to record his name and make sense of their vote.
If for some reason you are not able to be used in the electronic board, the President, in the case of laws and legislative resolutions, you will have roll call vote, in which case the rapporteur calls on each one of the Congressmen by name, and they respond YES, NO, or ABSTAIN.
(b) A show of hands: Provided that no question of law or legislative resolutions.
Secret ballots are done to receive each Congressman a card, expressing his vote on it and depositing it in the amphora.
Article 58.- Rectification of the votes, reviews and quorum
Any Congressman can request rectification of the vote only when it is made by raising your hand and there is no doubt about its result. To this end, the President asked the members to express their vote by getting and staying on foot. When the voting is carried out through the Electronic Voting System, will not proceed to the rectification. In this case, and by exception, the President may order that a repeat of the voting using the above procedure.
The reviews are submitted in writing after the voting and approval requires the vote of more than half of the legal number of members of congress. Not from a reconsideration about a reconsideration previously voted, with the exception of the order, submit a one-time, spokespersons of the parliamentary groups that represent the 3/5 of the legal number of members of congress, who for approval shall require the affirmative vote of 2/3 of the legal number of members of congress. You can't submit reviews after the approval of the act or of the waiver of such approval.
At the start of each session and after spending list, the President shall report to the Full the legal quorum of the session.
When the result of any vote to be less than the quorum established, the President is authorized to re-refer the matter to the vote on the same day, without the need to be processed with a reconsideration and being continued on with the discussion of other matters.
THIRD SECTION
Joint Special
Article 59.- Points of order
At any time of the debate, with the exception of the one that develops the vote, delegates may raise a point of order, to effect, to draw attention to the correct interpretation and application of the Regulations of the Congress. Cite the article or articles regarding the issue. The President will award a maximum of two minutes to raise it, and immediately be put without debate to a vote. In exceptional cases you may open debate, pointing out the maximum time that will be granted to each speaker to intervene. In case of doubt extreme that it may not be understood immediately by the Plenary, the President will send the matter to the Committee on Constitution and Bylaws for your views no later than within three days, until the suspension of the debate on the matter.
The decisions of the Plenum in terms of questions of order shall be registered by the Oficialía mayor of Congress. Can be invoked in similar cases which may arise in the future.
Article 60.- Prior issues
Prior issues are raised at any time of the debate and prior to voting, for the purpose of calling attention to a requirement of the procedure of the debate or the vote based on facts or to request the return of a matter to the commission for not sufficiently studied. The President will award a maximum of three minutes to raise it, and immediately be put without debate to a vote; however, in exceptional cases, you can open debate, pointing out the maximum time that will be granted to each speaker to intervene.
FOURTH SECTION
Rules of order in the sessions
Article 61.- Discipline parliamentary
The President is responsible for the direction of the discussion and the prerogative of requiring participants to conduct themselves with respect and good manners during the sessions. Is entitled to:
(a) Grant the use of the word in terms of statutory or as agreed by the Board of Directors. You can also grant an additional time when you consider that this will help to illustrate and clarify, or match concepts and positions. The extension may not exceed three minutes and not be able to grant more than ten enlargements during the discussion of each issue.
(b) to Impose order on the sessions. If any Congressman prevented his conduct, the normal development of the session and you do not abide by the so-called care and the decisions of the President on matters of order, this counterclaims. If the Congressman persists in its attitude, the President orders her out of the Room. If you do not obey, the Chair suspended the session for fifteen minutes. Reopened it, the President reiterates its request. If the Congressman is levelled, the President closed the incident; otherwise, the board of Directors proposes to the Full according to the seriousness of the offense, the penalty of suspension referred to in subparagraph (c) of Article 24 of this Regulation.
c) to Require the speakers that do not deviate from the question a matter of debate or re-treat on a debate that has been completed. You can suspend the use of the word Congressman who persist in their attitude, then call you twice the attention.
d) Demand the removal of offensive wording made against the authorities, members of Congress and the people. By applying necessary regulatory penalties.
e) Ordering the eviction of the Hall of sessions of strange people to the session, whose presence disturbs the normal development of the same.
f) Ordering the eviction of the galleries of the Hall of Sessions when occurring disorders, without prejudice to the liability of the offenders.
(g) Suspend the session until it is reset by the order in the Room, and to call the spokespersons of the Parliamentary Groups to harmonize criteria for the normal development of the sessions.
(h) Provide for the publication of the names of the Congressmen who do not attend promptly to the sessions.
Article 62.- Journalists, photographers and visitors
Accredited journalists and photographers, and the visitors duly registered shall remain in the designated locations in the Room, avoiding to disturb the normal development of the sessions.
Article 63.- Congressional staff
In the Room will only be the staff strictly necessary.
CHAPTER VI
Parliamentary Procedures
SECTION PRELIMINARY
General Provisions
Article 64.- Definition and classes
Parliamentary procedures are the set of successive acts, integrated and carried out to promote the debate and the agreements of the Congress intended to produce laws and legislative resolutions, acts of political control and designations and appointments. Can be:
a) Legislative Procedure; to understand the debate and adoption of ordinary laws, organic laws, laws authoritative for the exercise of the delegated legislation, laws, budgetary and financial laws of territorial demarcation, the laws of reform of the Political Constitution, of the Regulations of the Congress and legislative resolutions.
(b) Procedures of the Political Control; to understand the investiture of the Council of Ministers, the interpellation to the minister, the invitation to the Ministers, to inform, questions to Ministers, the request for information to the Ministers and to the administration in general, censorship and the extension of trust to the Ministers, the investigation into any matter of public interest, the settlement account and the preliminary hearings political.
(c) Special Procedures; that covers the appointment of the Comptroller, the election of the Ombudsman, members of the Constitutional Court and 3 members of the board of the Central Reserve Bank, as well as the ratification of the President of that Bank, and the Superintendent of Banking and Insurance.
Article 65.- Procedural instruments parliamentarians
Are the procedural instruments parliamentary propositions parliamentary and opinions and reports of the Commissions.
Article 66.- Propositions parliamentary
The parliamentary proposals are instruments designed to promote the development of parliamentary proceedings. Can be:
(a) Propositions of Law;
(b) Proposals of a legislative resolution;
(c) Motions of the order of the day; and,
d) Requests for information.
Article 67.- Propositions of law or legislative resolution
The proposals or bills or legislative resolution are instruments through which it is exercised the right of legislative initiative and promotes the legislative procedure, with the aim of achieving the approval of a law or legislative resolution by the Congress.
Article 68.- Motions of the order of the day
The motions of the order of the day that are proposed by which the Congressmen exercise their right to petition Congress to adopt agreements on issues important to the interests of the country and the relations with the Government. Presented to the Oficialía mayor of Congress, and come in the following cases:
(a) Request for creation of Commissions of Inquiry.
(b) Orders of inquiry and the invitation to the Council of Ministers or ministers individually to inform.
(c) Orders of censorship or denial of confidence in the Council of Ministers in its whole, or to the ministers individually.
(d) Orders of censorship or proposition of confidence to the members of the board of Directors of the Congress.
Orders of censorship that are referenced in item (d) require not less than fifteen per cent of the legal number of members of congress to be submitted. Admission to debate the query immediately during the session of the Plenary, except that it can be presented in different time, in which case it is done invariably in the next session.
(e) Orders for the Full adjudication of any issue of national importance.
f) The propositions of vacancy of the Presidency of the Republic, on the ground provided for in subsection (2) of article 113 of the Constitution.
The motions of the order of the day may be informed by its author for a time no longer than five minutes, and the opposition groups have one minute each with a maximum of five minutes between you all. However, depending on the amount of outstanding issues on the agenda, the President can point to a shorter time. Admission to debate requires the affirmative vote of the majority of Congressmen days; (except constitutional provision different. Admission to debate, in what refers to the creation of truth Commissions is governed by the provisions of article 88 of this Regulation.
The motions of greeting minor made directly to the Board of Directors, except in exceptional cases, at the discretion of the President.
Article 69.– Ordering information
Orders are propositions by which the Congressmen exercise their right to ask for the information they deem necessary to the Ministers and other authorities and bodies of the administration, in order to achieve the elucidation of facts or to have elements of judgment to make appropriate decisions in the exercise of their functions.
Also, the written requests can be made to make suggestions about the care of the public services.
Article 70.- Opinions
The opinions are the documents that contain a documented exposure, accurate, and clear of the studies carried out by its Committees on propositions of law, and legislative resolution that are subject to its knowledge, in addition to the conclusions and recommendations arising from this study. The authors of the projects are invited to the meetings when we discuss their projects.
The opinions should be to stick to the criteria of legislative technique. Include:
1. The statement of the problem to be resolved.
2. A sumilla of the opinions on the draft law had done to reach the citizens ' organizations.
3. A sumilla of the technical opinions on the draft law had been made to reach the public and private institutions.
4. The reference to the study of legislative history.
5. The effect of the proposal on the national legislation, with the precision of the rules the repeal or amendment is proposed.
6. The weighting of the cost-benefit analysis of the future rule of law, including the effects of both monetary and non-monetary of the proposal, the economic impact, where appropriate also the impact on the budget, the identification of the sectors that would benefit or harm with the proposal of the opinion; and, where appropriate, their environmental impact.
The opinions may be in the majority, minority, and unanimity. The opinions in majority and minority must be initialled by the Secretary of the Commission, even though it is a signatory of one of them. Opinions by unanimous vote must be signed by all the members, days of the Commission.
The opinions may be in the majority, minority, and unanimity. The opinions in majority and minority must be initialled by the Secretary of the Commission, even though it is a signatory of one of them. Opinions by unanimous vote must be signed by all the members, days of the Commission.
The opinions in most require you to be signed at least by the majority of the Congressmen present at the time of the adoption, in which was discussed the matter, after verification of the quorum, and the members who decide to suscribirlos subsequently, and up to prior to being considered by the Board of Directors. The opinions in the minority may be signed by any number of Congressional members of the Commission, and of equal or exceed the number of signatures of the majority by the subsequent accession, both opinions will be considered by the Commission to achieve a final difference to determine clearly the positions of majority and minority. It is not accepted opinions presented on the same day that need to be discussed the matter, with the exception of the opinions in the minority when the opinion of the majority is in the order of the Day.
The opinions may conclude:
(a) On the recommendation of approval of the proposition in its terms.
(b) On the recommendation of approval of the proposition with modifications. To this effect is accompanied by the respective text replacement. The President of the Commission dictaminadora refers to the Full the complete documentation of the adoption of the opinion.
The President of the Commission dictaminadora refers to the Full the complete documentation of the adoption of the opinion.
c) On the recommendation of non-approval of the proposition and its shipment to the file or in the inhibition of the Commission did not have jurisdiction in the matter of the proposition. The proposals outright rejected not require an opinion, and will only be archived by decree, reporting to the Oficialía mayor. In the minutes of the respective session, you must specify the grounds that determine the decision of the Commission, such as the copy of the other projects, and its incompatibility with the Constitution, among others.
If the Congressman or the spokesman of the Parliamentary Group sought explanations on the reasons that determined the decision of the Commission, the Secretary of the same will be given a copy of the agreement is extracted from the respective minutes.
d) On the recommendation of the conformation of a Special Commission to study the matter matter of opinion, to perform a technical study deeper and propose a formula appropriate regulations.
e) Requesting additional time to issue the opinion.
Article 71.- Report
The reports are the instruments which contain the detailed explanation of the study, of the action taken and the conclusions and recommendations of the Commissions of Investigation, working in coordination with the Government and those that comply with a specific purpose and are required to submit report within a term set. Commissions Ordinary also reported to absolve specialized queries.
The reports of the Commissions Ordinary issuing an opinion on any matter that we see, will be well-researched, accurate and brief.
For the presentation of the reports in majority and minority are the same rules apply as for the opinions.
The report of the Committee on Constitution and Regulations that are issued absolving consultations on the interpretation of this Regulation are binding if the Plenary approved with more than half of the legal number of members of congress.
FIRST SECTION
The Legislative Procedure
Article 72.- Variants of the legislative procedure
Using the legislative procedure aims to pass laws of a general nature and legislative resolutions, the same may be:
(a) ordinary Laws;
(b) Laws of reform of the Constitution;
c) organic Laws;
d) Law on budget and financial, including special tax treatment referred to in the last paragraph of Article 79 of the Constitution;
(e) Laws authoritative of delegated legislation;
(f) Laws of amnesty;
(g) Laws demarcatory;
(h) legislative Resolutions; and,
(i) legislative Resolutions of approval of the regulatory standards internal to the Congress.
Article 73.- Stages of the legislative procedure
The legislative procedure is developed in the following stages:
(a) Legislative initiative;
(b) Study commissions;
c) Publication of the advice in the Portal of Congress, or in the Gazette of the Congress or in the Official Journal El Peruano;
d) Debate in the Plenary;
(e) Approval by double voting; and,
f) Enactment.
Are exempted from this procedure projects with step other than, as provided for in this Regulation, or which have been expressly waived by agreement of the Board of Spokespersons, with the vote representing not less than three-fifths of the members of Congress. This exception does not apply to initiatives of constitutional reform, of organic laws or initiatives on tax matters or budget.
No initiative can be exempt from the provisions of paragraph e) of this article, except in the case of initiatives presented by the Executive as a matter of urgency, in accordance with article 105 of the Constitution, or in the cases referred to in the last paragraph of article 78 of this Regulation.
Article 74.- Legislative initiative
By the right of legislative initiative, the citizens and the institutions designated by the Constitution to have the capacity to submit proposals of law before the Congress.
Article 75.- Requirements and submission of the proposals
The propositions of law must contain a statement of reasons stating the problem to be resolved, and the foundations of the proposal, the legislative background; the effect of the validity of the standard that is proposed on the national legislation, detailing which articles or parts of articles proposes to amend or repeal; the cost-benefit analysis of the future legal standard that includes the identification of the sectors that would benefit or harm to the draft law, the effects of monetary and non-monetary of the proposal, its economic impact and, where appropriate, their impact on the budget and the environment.
Of the case, the legal formula respective will be divided into books, sections, titles, chapters, subchapters, articles and more. These requirements can only be dispensed by exceptional grounds.
The proposals of the legislative resolution shall be subject to the same requirements that the law, in what was applicable. The propositions of law, and legislative resolution will be presented to the Oficialía mayor of Congress in business day and office hours, for your record; however, the Trustees may provide that work a special office of the Oficialía mayor received the propositions in a day and different time, when the circumstances so require, giving account to the Congressmen.
The propositions of law, and legislative resolution must adhere to the criteria of legislative technique.
Article 76.- Special requirements
The presentation of the propositions of law, and legislative resolution is subject, in addition to what is stated in the preceding article, the following special requirements:
1. The propositions presented by the President of the Republic must be countersigned by the President of the Council of Ministers and, optionally, by the Minister or the Ministers whose portfolios are related in a direct way with the matter for which the regulation is proposed. They can be about any subject, and exclusively responsible for the initiative in the matter of budget and financial, delegated legislation, legislation demarcation of territorial, international treaties, consent to the entry of foreign troops without affecting the national sovereignty, the extension of the state of siege, declaration of war and signing of the peace and authorization to leave the country. In addition:
(a) The propositions of law filed in use of the power granted to it in Article 105 in fine of the Constitution, must be accompanied with the application of pending urgent.
(b) The propositions of law that contain the draft Budget Law, Borrowing Law and Law of Financial Equilibrium, must be filed no later than August 30, in application of the provisions of Article 78 of the Constitution. The special tax treatment referred to in the last paragraph of Article 79 of the Constitution, it must contain a study on the impact of the future law on the development and well-being of the country.
c) The proposition of law that contains the General Account of the Republic, must be filed no later than the fifteenth day of August of the year following the year of Budget execution, accompanied by the audit report of the Comptroller General.
d) The propositions of law-authoritative delegated legislation should clarify the specific subject matter of the delegation and the term of the authorization. Can't proposed law authoritative delegated legislation in matters relating to reform of the Constitution, approval of international treaties and organic laws, neither the Law on Budget and the General Account of the Republic.
(e) The propositions of laws demarcatory territorial must be accompanied by the reports, and technical background that point to the rules governing the matter.
f) The proposals of the legislative resolution for the approval of treaties, according to article 56 of the Constitution, must be accompanied by the full text of the international instrument, its history, a report sustentatorio that contains the reasons why the Executive considers that it must be approved by the Congress, the technical opinion favourable of the sector or sectors competent and the supreme resolution that approves the referral of the treaty to the Legislative Power.
g) The proposals of the legislative resolution granting the extension of the state of the site must contain the list of fundamental rights, the exercise of which is not restricted or suspended.
h) The proposals of the legislative resolution authorizing the entry of foreign troops into the territory of the Republic without affecting national sovereignty, and must specify the grounds, the ratio of troops and equipment passers-by and the time that will remain in peruvian territory.
(i) The proposals of a legislative resolution to declare war and sign peace must contain sufficient exposure of the causes and conditions, as the case may be.
j) The proposals of the legislative resolution of permission of travel abroad should indicate the place, the reasons for, and the dates of the trip.
2. The propositions of law or legislative resolution that presented the congress will be through the Parliamentary Group, and require support:
2.1 The majority of its members, in the case of the Parliamentary Group formed by five (5) members of the legislature, or
2.2 Of not less than six (6) of the Congressmen in the case of the Parliamentary Groups conformed by a number of members exceeding six (6) members of parliament.
In both cases, the Steering-Speaker or the person replacing him shall certify such support. When there are several authors, you can differentiate between the author or authors and adherents.
In addition, these propositions of law or legislative resolution:
(a) may Not contain proposals for the creation or increase of public spending. This rule does not affect the right of the Congressmen make proposals in that regard during the discussion of the Budget.
b) can't be about foreign trips of the President of the Republic or the extension of the state of siege or approval of international treaties, or authorization of the entry of foreign troops or declaration of war and signing of the peace.
c) Should contain the list of the beneficiaries or the characteristics of the prison regime of the generality of people who will benefit.
d) may Not engage in copying other projects of law, published on the website of the Congress. It is understood that a copy when you have transcribed the whole or a substantial part of the project, with the aim of presenting it as one's own or without citing the source that serves as support on the Exhibition Grounds.
(e) Must state whether they have a relationship with the Legislative Agenda approved in accordance with article 29. and the State policy expressed in the National Agreement.
2.3. A minimum number of five (5) members of congress, to the case of those who engage in any of the cases of paragraph 5 of article 37.
3. The propositions of law that presents the citizens must be accompanied by the signatures of at least 0.3% of the voting population and a resolution issued by the National Office of Electoral Processes, which declares that expedited the procedure have been made to the signature verification, in accordance with the law, which regulates the matter. The office for referral to Congress must be signed by one or by the first ten citizens who support the initiative, stating, in addition to the number of book election, the address where you need to be reported if necessary.
The propositions citizens may not necessarily be related to the matters referred to in paragraph one above.
4. The propositions of law, which filed the Judicial Power, the Public Ministry, the Ombudsman, the National Jury of Elections, the National Council of the Judiciary, the Constitutional Court, the office of the Comptroller General, the Central Reserve Bank, the Superintendent of Banking and Insurance, Regions, Municipalities, and Professional Associations can only be on matters within its exclusive jurisdiction, and must specify the concordance of competition in the document of remission. May not necessarily be related to the matters referred to in paragraph one above.
5. The propositions of law submitted by the President of the Republic or the Congressmen concerning the creation or renewal of exemptions, benefits or tax incentives should include a statement of reasons for the following:
(a) The aim and scope of the proposal.
(b) The effect of the validity of the standard that is proposed on the national legislation.
c) In the case of initiatives for the extension or renewal, the explanatory memorandum indicates whether you have met the purposes of the economic benefit and reach to the beneficiaries.
Article 77.- Shipping Fees and study
After verifying that the proposition of law or legislative resolution complies with the regulatory requirements formal, the specialized office of the Oficialía mayor receives, logs, and provides for its publication on the Portal of the Congress, reporting to the Vice president in charge of processing and affirmations with technical criteria, the initiatives to the respective Commissions.
In case of breach of the requirements mentioned above, the initiative is returned by the Oficialía mayor, in accordance with the Vice president, to resolve any omissions. The Board of Spokespersons, with the vote of three-fifths of the members of Congress there represented, may waive any requirement for the submission of the initiative in a unique way, in the case of proposals submitted by the Executive or which are considered to be urgent.
There are not observations, the senior Officer sends the proposition received and registered to one or two Commissions, as maximum, for study and opinion, after consultation with the Vice-president of competent jurisdiction. In the remission of the propositions Commissions applies the criterion of specialization. In the decree of shipment will take care to insert the date, the number of the offer and the name of the Commission to which it is sent. In the case of sending to more than one Committee, the order in which they appear in the decree determines the importance given to the Commission in the knowledge of the subject matter of the proposition.
The request for an additional Commission to assume jurisdiction over a bill is resolved by the Board of Trustees, which you can access the request in a unique way, in addition to agreeing to extend the deadline to rule from the date on which the new Commission is aware of the project and for not more than thirty days.
The Commissions have a maximum of sixty working days to issue the opinion concerned, except in the case prescribed in the preceding paragraph. The Commission is competent to qualify the eligibility of projects of law, verifying that the proposal complies with the provisions of articles 75 and 76 of the Rules of the Congress, as well as his support of the constitution, remain entitled to reject it flat and file it. The agreement of archiving or inadmissibility is reported to the Oficialía mayor. If there are several Committees assigned to them, may submit joint decision.
When it comes to the opinion of forwarding the proposition legislative effect of the approval of a preliminary question or reconsideration, or observation made by the President of the Republic, the term for rule may not exceed thirty days.
The Board of Directors provides that the inclusion of the opinions on the agenda at the proposal of the President, and shall be distributed to members by email with advance notice of not less than twenty-four hours before it will consider the project, without prejudice to its publication on the Portal of the Congress. Only in cases that warrant the distribution is done in physical form and, in the cases of utmost urgency, at the discretion of the President may provide for the physical delivery at home.
Article 78.- Discussion and approval
You can not discuss any bill that does not have an opinion or any opinion that has not been published at the Portal of the Congress, or in the Gazette of the Congress or in the Official Journal El Peruano, at least seven (7) calendar days prior to its discussion in the Plenary session of the Congress, unless the waiver of one of these requirements, or both, approved by the Board of Spokespersons, with the vote representing not less than three-fifths of the members of the Congress, with the exception of what is mentioned in paragraph 2 of article 31-A.
If the proposition of law or legislative resolution is rejected, the President will order his file. You may not be the same proposition or the other to be on the identical matter until the next annual period of sessions, unless agreed to one-half plus one of the legal number of members of congress.
When the Full deems it necessary, may agree, at the request of a Congressman or a Parliamentary Group, and by a simple majority of those present, the formation of a Drafting Committee, composed of three Congressmen proposed by the President, to the effect that a review of the drafting of the proposals approved, considering the criteria of legislative technique.
If you are considering and approving a preliminary question back to Commissions, the President will order the forwarding and consult the period.
The adoption of the proposition of law or legislative resolution, the specialized office of the Oficialía mayor shall draw up the autograph, the same that will be signed immediately by the President and one of the Vice presidents. Not be able to discuss any proposition that does not have approval by the Commission, unless an exception is mentioned in this Regulation.
The second vote to that referred to in point (e) of article 73 shall be made after the expiry of seven (7) calendar days as a minimum. This second vote will be whole and debate.
May not be exempted from second ballot proposals of law or legislative resolution previously released in stages (b) or (c) of article 73, the same session in which it is passed such initiatives.
Without the requirement of double voting, the Board may not continue to process of law, nor send it to the President of the Republic for promulgation. Only are exempt from this requirement are the propositions of legislative resolution of treaty approval, approval of admission of foreign troops in the travel authorization to the outside to the President of the Republic; as well as the proposals of legislative resolutions of the Congress, and the appointment, election or ratification of officials, referred to in subparagraphs (f), (h) and (j) of paragraph 1 of article 76 and article 93 of this Regulation.
Also, are exempt from this requirement with the approval of the Law of the General Budget of the Republic and its related laws, the approval of additional appropriations, allotments and transfers of items, and the approval of the General Account of the Republic. They are also excepted the vote of the issue of confidence to the Council of Ministers as well as the motions of no confidence in the Council of Ministers or against any of the ministers of State, who are referred to in articles 133 and 132 of the Constitution of the State.
Exceptionally, at the request of the president of the commission dictaminadora main, the Plenary may hold a second vote with the vote of not less than three-fifths majority of the legal number of members of congress.
Article 79.- Shipping to the President of the Republic
The autograph of the proposition of law approved will be sent to the President of the Republic for promulgation within a period of fifteen days.
If the President of the Republic has observations to make about the whole or a part of the proposition is approved, the presents to the Congress in the above-mentioned term of fifteen days.
The observations are issued as any proposition, but it shall be on the record that gave rise to the law observed and its reconsideration by the Congress requires the favorable vote of more than half of the legal number of members of Congress.
In the event that the shareholder of the law observed has become a project exempted from the procedure of sending to commissions, the observation is declared to the commission competent in their specialty.
Article 80.- Promulgation, Publication and Effective
If you do not have observations, the President of the Republic promulgates the law, and ordered its publication.
If the expiry of the term of fifteen days, the President of the Republic does not lay down the proposition of law is sent, the promulgated by the President of the Congress.
The law is compulsory from the day following that of its publication in the Official Journal, except different layout of the same law that established a greater period of “vacatio legis” in whole or in part.
Legislative resolutions as applicable, are promulgated by the President of the Congress and a Vice-president.
Article 81.- Special rules for the approval of bills
For discussion and approval of propositions of law that are not related to common subject, observe the following rules:
(a) Laws of reform of the Constitution; shall be adopted with the favourable vote of at least half plus one of the legal number of members of congress, to then be subjected to a referendum or, failing that, will be approved in two annual periods of sessions successive vote approval of a number greater than two thirds of the legal number of members of congress.
The law approved by any of the ways listed may not be observed by the President of the Republic.
b) Organic Laws; to be approved or amended by the affirmative vote of at least half plus one of the legal number of members of congress.
c) Budget Law; within 48 hours, submitted to Congress the draft Budget Law, Debt, and Law of Financial Balance, the President of the Congress to convene a special session aimed at the sustainability of the aforementioned initiatives by the President of the Council of Ministers and the Minister of Economy and Finance.
The exhibition, which shall not exceed 60 minutes should refer primarily to the priorities of expenditure and sources of funding.
This presentation is followed by a discussion, with the intervention of the spokespersons of the parliamentary groups for a period of no more than 20 minutes each.
Concluded the debate referred to in the third paragraph above, the aforementioned projects are published in the Official Journal El Peruano and referred to the Committee on Budget, which analyzes in public sessions.
The President of the Budget Commission will support the opinion of the same. Such an opinion must necessarily specify clearly the priorities of the public spending in general terms and in each sector.
The discussion of the budget law starts on the 15th of November and must be approved by the affirmative vote of at least half plus one of the number of the Congressmen present, and sent to the Executive Power, otherwise it shall take effect the project sent by the President of the Republic, who enacted by legislative decree.
In the session of the Full intended to discuss and support the Budget, we will follow the following procedure:
– The President shall give the word in the first term the President of the Council of Ministers who manifest their points of view with regard to the opinion of the Committee on Budget;
– Intervene then the Minister of Economy and Finance to support the statement of income; and
– Make use of the word each one of the Ministers to support the statements of expenditure from your industry; previously supporting the goals and results of the implementation of the budget of the previous year and the progress made in the implementation of the budget for the current year. The President of the Supreme Court, the public Prosecutor of the Nation, the President of the National Jury of Elections and the Defender of the People behind the sheets corresponding to each institution. The interventions shall not exceed thirty minutes per speaker.
– Completed the lift, will be doing the spokespersons of the parliamentary groups according to the rules defined by the Board of Directors.
At the end of the debate, the President of the Council of Ministers manifested in behalf of the Executive branch of its acceptance or disagreement with the draft Budget Law.
After the intervention, we proceed to vote on the project.
d) Laws on additional appropriations, allotments and transfers of items; they should be processed as the Budget Law. During the break the parliamentary approved by the Permanent Commission, with the favorable vote of at least three-fifths of the legal number of its members.
(e) Act of the General Account of the Republic. Should be reviewed and ruled upon on a term expiring on the 15th of October. Once you have reviewed and ruled upon by the respective Commission, the Full act in a term expiring on the 30th of October; otherwise, it is sent to the opinion of the Auditing Commission of the President of the Republic to that promulgated by legislative decree.
(f) Laws authoritative of delegated legislation; they can be approved to authorize the exercise of the legislative function to the Government through legislative decrees or to the Permanent Commission with the approval of propositions of law, with the limitations set forth in the second paragraph of subsection (4) of Article 101 and in the second paragraph of Article 104 of the Constitution. Must be the specific subject matter of the delegation and the term of the same.
SECOND SECTION
Procedures of Political Control
Article 82.- Investiture of the Council of Ministers
Within thirty calendar days of assuming his functions, the President of the Council of Ministers must go before the Full Congress met in regular session or extraordinary, accompanied by the other ministers, to:
a) Expose the general policy of the Government;
(b) Discuss the general policy of the Government; and,
c) Discuss the main measures required for their management.
If Congress is in recess, the President of the Republic shall convene immediately to the legislature extraordinary.
At the beginning of his presentation, the President of the Council of Ministers, delivered the complete version of each of the Congressmen.
The issue of trust as required by the President of the Council of Ministers on behalf of the Board in your set, will be debated and voted upon in the same session or the next, depending on what you agreed upon the Board of Directors or act in the Plenary of the Congress.
The result of the voting shall be communicated immediately to the President of the Republic, through the office signed by the President of the Congress and one of the Vice-presidents. If the Full negara their confidence in the Council of Ministers, the President of the Republic shall accept the resignation of the President of the Council of Ministers and the other ministers, which must be done immediately.
Article 83.- Interpellation from the members of the Council of Ministers
The procedure of appeal to the Council of Ministers in full or to any of the ministers is carried out in accordance with the following rules:
(a) The order of inquiry is formulated by motion of the order of the day signed by not less than fifteen per cent of the legal number of members of congress and accompanied by the respective contract documents interpelatorio. You have preference in the Order of the Day, and it is seen before any other motion is pending on the agenda.
(b) For the admission of the motion of inquiry requires the vote of at least one third of members of congress days. The voting is carried out unfailingly in the next session to that in
c) The house of Congress agrees to a date and time for Ministers to respond to the inquiry, which will be communicated ahead of time, accompanying the statement in question. The inquiry may not be, in any case, before the third day following the voting, or after the tenth. If necessary to the citation, to this effect, a special session.
Article 84.- Invitation to the members of the Council of Ministers to inform
The invitation to the Ministers, to inform individually before the Full Congress to agree by Motion of the Order of the Day issued in a simple form, and is made effective by using craft of invitation and transcription of the operative part of the Motion passed.
The invitation to report on the Commissions are agreed upon within the Commission, and shall be effected by the office of the President of the Commission, endorsed by the Secretary of the same, and giving account to the board of Directors of the Congress. It will apply the same rules laid down for the Full, in which they were applicable.
Article 85.- Station questions and answers
Each one of the participants can ask a question to the Government once a month, the same that will be answered in the Plenary session of the Congress by the President of the Council of Ministers, Ministers of State, whom he addresses the questions or the Minister of State appointed by the President of the Council of Ministers to serve the Station of Questions.
The questions to the Government will be delivered in writing to the Oficialía mayor, four days before the session and will be included in the list corresponding, in order of entry. The role of questions will be forwarded to the President of the Council of Ministers with a lead time of 72 hours of the session, so that you can organize your answers.
(a) The question must be referred to a single fact of a public nature, and must be formulated in a precise manner to be read in no more than a minute.
(b) Cannot be formulated questions of personal interest.
Nor may include questions involving queries of nature strictly legal or require the preparation of statistical data very complex.
The Board will dismiss the questions that do not comply with the requirements laid down in this Regulation and returned to its author.
The President will send the List of Questions to the Presidency of the Council of Ministers with a lead time of 4 days to the session where they held the station of questions.
c) The tenor of the question must be such that the reading does not exceed one minute. The Congressman can add considerations that are not read within a minute.
(d) The Minister responds in a time of no more than three minutes, after which it can occur the follow-up to the Congressman. The same procedure applies to the remaining questions registered. The follow-up is a minute and, in this case, the answer may not exceed two minutes.
(e) Each Congressman just want to ask a question. The follow-up focuses on the same topic and should
f) The questions are not answered, or the cross-examination without a deal due to lack of time, are answered in writing. The Minister must submit the reply to the board of Directors of the Congress in a period of not more than four calendar days.
g) The Ministers did not answer the questions of the members of congress who are not present in the Chamber at the time of your turn, unless it is licensed.
(h) The Minister will not refer to questions already answered in the legislature, except in the case of a follow-up response, or a response to a question, the theme of which has any direct reference to the answered.
Article 86.– The motion of censure and a matter of trust
The Congress will be effective as of the political responsibility of the Council of Ministers and the ministers separately through the motion of no confidence or by the rejection of the question of trust; in accordance with the following rules:
(a) The censure motion can raise the Congressmen after the inquiry, the concurrence of the ministers, to inform, or due to its resistance to go in this last case, or after the debate on the intervention of the Minister by his own will. Must be made at least twenty-five percent of the legal number of members of congress. Debate and vote between the fourth and the tenth calendar day after your presentation. Their approval requires the vote of more than half of the legal number of members of Congress. The regulatory failings or errors committed by members of the Cabinet during their participation in the sessions of the Plenary of the Congress not to give rise to censorship, except in the case of any offense for Congress or its members.
(b) The Council of Ministers or Ministers censored should resign. The President of the Republic shall accept the resignation within seventy-two hours.
c) The issue of trust arises only at the initiative ministerial session of the Plenary of the Congress. Can be enforced by the President of the Council of Ministers on behalf of the Board as a whole or any of the ministers. Will be discussed in the same session that arises or in the next.
The issue of trust is approved or rejected by a vote produced after the end of the discussion.
The result of the vote is immediately reported to the President of the Republic, through the office signed by the President of the Congress and one of the Vice-presidents.
d) The Board will reject plane any proposition of confidence presented by Congressmen or by any officer who is not a minister of State.
Equally, without limitation, rejected the proposition that for the purpose of suppression of the essence of any provision of inviolability of the Constitution, the approval or not of initiatives of constitutional reform, initiatives to interfere with the exclusive jurisdiction and exclusive of the Congress of the Republic or of the agencies constitutionally self-employed; or that it conditions the sense of a decision of the Congress under the term or period of time for the pronouncement.
The Plenary of the Congress, by a resolution, legislative, and after hearing the opinion of the Committee on Constitution and Bylaws, may declare inadmissible an issue of confidence that violates the provisions of this article. The declaration of order passed by Congress does not equal or qualifies as a denial, rehusamiento or rejection of the question of trust.
(e) The issue of trust is presented by the President of the Council of Ministers on behalf of the Board in your set, you must include the certificate evidencing the agreement reached by the Council. If it was refused, we will produce the total crisis of the Cabinet of ministers, to apply the rule provided in paragraph (b) above”.
Article 87.- Request for information to the Ministers and the administration
“Article 87.- Any congressman can ask the ministers, the National Jury of Elections, the comptroller general, the Central Reserve Bank, the Superintendent of Banking, Insurance and Administrators of Private Pension Funds, to local and regional governments, and to all other public sector bodies, reports as it deems necessary for the exercise of their function. This attribution does not authorize you to request information regarding proceedings pending, except that it is public, or the judge or prosecutor or the Room you know the issue of access to deliver the information to you, under its responsibility and provided that it is permitted by the organic laws of the Judiciary and the Public prosecutor's office and the procedural rules in force.
The request is made in writing informed and accurate. The congressman must direct copy of the office containing the order to the board of Directors. If within the fifteen days after the holders referred to in the first paragraph or the official requested not to respond to or refuse to answer, the Board comes to the reiteration of the order. After the expiry of seven days after the reiteration, the minister, the regional governor, the mayor, the owner of the relevant entity or official is required is required to respond personally, as appropriate and as determined by the Board of Directors, to the Full, or before the commission ordinary, linked with the issue reason of the order, under the responsibility, in accordance with law. Monthly, is published by the relationship of the ministries, regional governments, municipalities or government entities that have failed to respond. Responses to information requests are subscribed by the owner of the entity.
The vice-presidents of the Congress did not sign the trades that contain requests for information that do not relate to matters of public interest and utility to the exercise of the function of members of congress. Nor will those that contain prayers or petitions of privileges or favors.
The board of Directors of the Congress publishes the orders of the congress and the answers that are issued under this article in a quarterly newsletter and special in the web page of the Congress, that also disseminates the questions, answers, and cross-examination is produced in the stations of questions and answers from the last quarter”.
Article 87-A. Control that regulates the enforcement of the Law of Transparency and Access to Public Information
The Board derives the annual report referred to in article 22 of the Orderly Unique Text of the Law 27806, Law of Transparency and Access to Public Information, the Commissions of Constitution and Regulation and Control, and Comptroller.
These commissions make political control, assessing the compliance of the attention to the requests and requests for information by the entities of the public administration, determining the causes and responsibilities in the event of non-compliance.
In the maximum term of 120 days, the aforementioned commissions will raise a report to the Plenary session of the Congress in formulating the recommendations that apply to you.
Article 88.- The Procedure of Research
Congress can initiate investigations on any matter of public interest, promoting a research procedure that ensures the clarification of the facts and the formulation of conclusions and recommendations aimed at correcting rules and policies and/or punish the conduct of those who are responsible, in accordance with the following rules.
(a) The Commissions of Inquiry be constituted by application filed by Motion of the Order of the Day. For admission to debate and approval is only required the vote approving of thirty five percent (35%) of the members of the Congress. Will feed into the Commission of between five and nine members of congress, proposed by the President of the Congress, while respecting to the extent possible pluralism and proportionality of the Parliamentary Groups. In order to ensure due process, will prevent the integrate those who have requested constitution.
The Commission presents a report within the time limit set by the Plenary of the Congress. Cannot be requested extension of time without a preliminary report. The Board of Directors put this report in the agenda of the session in which we discuss the extension, which should be the next, or subsequent to the filing of the application for such an extension. The sessions of the truth Commissions are reserved. The uprising of the reserve only from:
– When the subject matter of your inquiry or your deliberations do not include aspects that affect privacy, honor or personal dignity of the passive subjects of the research or of their families.
– When the subject matter of the investigation or its deliberations does not affect the right to the tax reserve or the bank secrecy of the investigation.
– When the subject matter of the investigation or of its deliberations don't compromise on matters related to national security.
Have the same character and have the same privileges Commissions Ordinary receiving the specific request of the Plenary session of the Congress to conduct investigations on the application of article 97 of the Constitution.
The information relating to the privacy, honor or dignity of the people and the uprising of the tax reserve or the bank secrecy only enable the collection of information by the investigation Committees of the Congress. The information is constitutionally protected obtained by the truth Commissions is only divulgable publicly as is strictly necessary to express it and comment on it with the purpose of, and to justify the requirement of responsibility in the Report of the Commission to the Plenary of the Congress.
In any case, the lifting of the reservation is done at the request of not less than two members of the Investigating Committee and requires the agreement of the majority of the legal number of its members.
(b) the authorities, officials and public servants, and any person, you are required to appear before the commission of Inquiry and provide them the information of testimonial and documentary that require it.
(c) The requirements to appear will be formulated by trade, summons or subpoena to the public, must include the data necessary to the above-mentioned hearing the warning, and the liability that can be incurred in case of resistance. The requirement to legal persons shall be deemed directed to the one who is his legal representative.
(d) The committee may use the following constraints:
– Request that is driven by the public force, when the above-mentioned does not appear in court on the day and time appointed or refuses to exhibit, or to make delivery of any documents that you have in your possession and are necessary for the clarification of the facts investigated.
– Request that is authorized by a search warrant of the home and local, to practice confiscation of books, files, documents and records that related to the subject of the investigation.
The applications for practice with the constraints will be presented before the Judge Specializing in Criminal cases, the same that will take you to the petition and order that is made by the merit of the application in the first case and a prior assessment of the arguments presented by the Commission of Inquiry in the second case.
In the event that the above-mentioned are not present at the first call of the Commission, the Judge may issue, at the express request of the Commission, order of arrest of the above-mentioned, in order to make effective the request of the Investigating Committee.
To be effective in the order of capture, the National Police of Peru shall be stopped at the disposal of the Criminal Judge of Shift and immediately inform you by any means, the President of the Commission of inquiry that, under responsibility, in a period not longer than 24 hours to perform the session where you provide the evidence required.
In any case, you will safeguard the respect of the rights to privacy and to the honor of the people, as well as the privilege and other constitutional rights.
Those who appear before the commission of Inquiry, have the right to be informed in advance about the issue that motivates your audience. You can go to them in the company of a lawyer. You have the right to request a copy of the transcript of your speech; if for any reason you were not recorded, you can request a copy of the part of the Act that applies to you.
The people who must appear and are located outside of the city of Lima or country, shall be entitled to reimbursement of travel and per diem expenses for the account of the Congress, except that the Congressmen will be moving to a place where those are located.
e) The investigation Committees are allowed to request the lifting of banking secrecy and tax reserve, in accordance with the rules governing the matter. The Commissions at the same time presenting a constitutional complaint, or common, have the right to apply to the Judiciary, the impairment of output for only one time and not more than fifteen days. In the case of bank secrecy, the order is requested through the Superintendency of Banking and Insurance.
(f) The intervention of the Public prosecutor or the beginning of a court action in the matters of public interest under investigation by Congress, do not interrupt the work of the Commissions of Inquiry. The mandate of these continues until the expiry of the time limits established by the Plenary and the delivery of the respective report.
g) When the research Commissions Research to appear, the presumption of the commission of the crime, the report of the Commission sets forth facts and considerations of law, with an indication of the standards of the criminal legislation criminalizing the crimes that are imputed to the researched or investigated, concluding with the formulation of a complaint against the alleged perpetrators.
If the defendants were senior State officials, including in the Article 96º of the Constitution, the report should conclude by formulating constitutional complaint.
h) Presented the report of the Investigation Committee, the Plenary of the Congress to debate and vote. If the debate might appear to be facts or new evidence, the Plenary may choose to return the report to the Commission and to agree to a new term or to appoint a new Commission.
(i) If the report is approved, the Congress sent to the Prosecutor of the Nation, accompanied by all the performed, so that appropriate to initiate the appropriate actions, in the case of persons not subject to prosecution by the constitution. The conclusions adopted by the Congress did not require the Judiciary, or affect the course of judicial proceedings.
(j) If the report is derived complaints against officials subject to preliminary hearings, must be distinguished from those relating to offences committed in the exercise of a function which will be handled in accordance with the provisions of Articles 99 and 100 of the Constitution and the rules and regulations governing the matter. The others, will follow the procedure set out in subparagraph (i) of this article to be the case.
k) does Not suspend the powers, activities, and deadlines of the Commissions of Inquiry during the break parliamentarian.
The board of Directors of the Congress can provide that to hire professional and technical expertise to support the work of The Commissions of Inquiry, as well as the required services. The request shall be made by the President of the Commission. You must substantiate the order in proper form.
Article 89.- Procedure of accusation constitutional
Using the procedure of accusation constitutional performs the preliminary hearings political of the top officials of the State falling under article 99 of the Constitution.
The procedure of accusation constitutional develops by observing the following rules:
(a) The Congress, the public Prosecutor of the Nation, or any person who is deemed to directly aggrieved may submit a constitutional complaint against the senior officials of the State falling within the scope of article 99 of the Constitution.
The complaint is submitted in writing and must contain:
– Name of the complainant and address for service, of to be the case.
– Foundations of law and fact.
– Documents that support the same or, in his default, the indication of the place where such documents are located.
– Date of presentation.
– Signature of the complainant or complainants.
– Simple copy of the official document of identification of the complainant, in the event that the complaint does not come from a Congressman or of the Attorney of the Nation.
(b) complaints are referred immediately to the Sub-commission of Accusations Constitutional to your rating.
c) The Sub-commission of Accusations Constitutional is the body responsible for qualify the eligibility and admissibility of constitutional complaints filed, as well as conduct research on the processes of prosecution, constitutional, by issuing the final report. The number of members and its conformation respond to the principles of plurality and the proportionality of all the parliamentary groups. Its members, including its Chairman, are appointed by the Permanent Commission.
The rating on the admissibility and/or provenance of the allegations, will be made in a maximum term of ten (10) business days, according to the following criteria:
– That may have been made by a person capable by himself or through a duly accredited representative.
– That the person who makes the complaint is aggrieved by the acts or behaviors that are reported.
– That refer to facts that constitute a breach of the Constitution and/or crimes of a function provided for in the criminal law.
– Comply with the requirements indicated in the second paragraph of paragraph a) above.
– If the person reported will correspond or not the prerogative functional of the preliminary hearings, or if it is found or not valid.
– If the reported crime has not prescribed.
Complaints that are judged nonresponsive shall be returned to the file. Which are declared inadmissible shall be notified to the complainant for the period not exceeding three (03) business days to remedy the omissions to any place. If in this period, the complainant does not arrive to remedy the aforementioned omissions, the complaint will be sent to the file, except for his right.
The constitutional complaints for crimes of private action are declared inadmissible plane. The reports that contain the positive rating of admissibility and provenance of a constitutional complaint shall also indicate, if it considers it appropriate, on the possibility of accumulation with a complaint that is in a state of research.
The members of congress who make up the Sub-commission of Accusations Constitutional are unable to submit constitutional complaints.
(d) The Sub-commission of Accusations Constitutional submit its report of qualification for the Presidency of the Permanent Commission. It shall adopt, on the basis of the report of rating and with the majority of its members present, the period within which the Sub-commission of Accusations Constitutional conduct the investigation and submit its report, which shall be not more than fifteen (15) days may be extended for the term prescribed by the Permanent Commission for one time only. Exceptionally, you can set a time period greater when the process to be investigated is susceptible of accumulation with other constitutional complaints.
The term referred to above is computed from the next day of the session in the plenary of the Sub-commission of Accusations Constitutional taken knowledge of the notice period agreed to by the Standing Committee.
The Sub-commission of Accusations Constitutional performs its role according to the following procedure:
d.1 The complaint is notified to the defendant by the Chairman of the Subcommittee within three (03) working days following the decision of knowledge, on the part of the plenary of the Sub-commission of Accusations Constitutional, the term adopted to conduct their research. The notification is attached to the annexes relating thereto, and give to the defendant a period of five (05) days to formulate his plea in writing and submit, or provide the means trace and/or proof as it deems necessary.
In the event that the respondent has no known domicile or outside the country, you are notified, by attaching a brief summary of the complaint through the Official Newspaper “El Peruano” on its Website and on the website of the Congress.
If the defendant fails to file his defence within the time limit, you have acquitted the processing and the existence of evidence or sufficient evidence that a presumption of the commission of a crime or a violation of the constitution, the Sub-commission may issue the final report or corresponding partial. In this case you will continue the research with regard to the ends which are not the subject of the report in part.
d.2 For the process of research, the Sub-committee may delegate to one of its members, the realization, in a term of not more than five (05) working days subsequent to the act of delegation, the following procedural actions:
– The determination of the facts of the investigation.
– The assessment of the relevance of evidence and/or evidence and the recommendation for the action of other means of proof that may be required.
Once certain facts which are the subject matter of the research and the evidence and clues that you have to act, Congressman delegate will notice in writing to the Chair of the Subcommittee on these acts, in the merit of which will be convened within a period of not more than five (05) working days, upon session to perform the respective hearing and shall notify the complainant, accused, witnesses and experts.
d.3 In the date and time set will be the audience with the assistance of one-half plus one of the legal number of members of the Subcommittee. The absence of the defendant at the hearing shall not be an impediment to continue with the proceedings.
In the event that the complaint from the Prosecutor of the Nation, it may appoint an attorney to intervene in the hearing.
d.4 The audience takes the following form:
– Is public, in cases where the complaint involves a violation of the Constitution. It is reserved for cases in which the investigation involves alleged crimes, unless the defendants to manifest their conformity with the advertising of the same.
– The Chairman of the Subcommittee start of the hearing, leaving a record of the presence of the other members of the Subcommittee and of the non-attendance by licenses.
– The Chair of the Sub-commission granted the use of the word to the complainants, in order to expose your complaint; then grants the use of the word to those reported for that expose their corresponding releases.
– He then proceeds to receive the witness statements that have been determined by the Congressman who delegated this function.
– The President shall accord the use of the word to the members of the Subcommittee to formulate your questions to the witnesses and subsequently make their own.
– Then we proceed to listen to the experts that have been submitted report and formulate the relevant questions.
– The complainant or the respondent may request a replica to the Chairman of the Subcommittee, in which case the contrary you have the right to a rejoinder.
– At all times the parties shall be submitted to the Chairman of the Subcommittee, not being allowed the direct debate between the same.
– The hearing ends with the questions submitted by the members of the Subcommittee, the respondent and the complainant.
d.5 the Conclusion of the hearing, and performed all the tests, the President shall instruct the Congressman who was delegated the determination of the facts of the investigation and the relevance of evidence, the preparation of a report to present, at the latest, within five (5) business days following the hearing, which will be debated and approved, or rejected, the session for that purpose convened, the Chairman of the Subcommittee. The session is done with the assistance of one-half plus one of the legal number of members of the Subcommittee.
d.6 The final report can be concluded with the accusation of the investigated or the filing of the complaint, and should be referred to the Standing Committee, in accordance with paragraph (g) of this article. It is not admissible to another type of conclusions and/or recommendations.
d.7 During the entire research process referred to in this subsection, the members of the Sub-commission of Accusations Constitutional enjoy a license of right in the bodies of the Congress to which they are required to attend. Where possible, the Subcommittee will prevent the assembly to meet at the same time as the Plenary session of the Congress.
(e) receipt of the report, the Chairman of the Standing Commission ordered its distribution among the members and convenes session of the same, which is not done within two (02) working days following. In exceptional cases, such meeting may coincide with the day on which it sits the Plenary of the Congress.
(f) If the report proposes the filing or the irrelevance of the constitutional complaint to vote prior discussion. In both cases, the record of the constitutional complaint is forwarded to the file. If, on the contrary, it proposes the indictment before the Plenary session of the Congress, will discuss the report and shall, acting by the prosecution or not, to the Full.
When there are several people included in the research, the voting is conducted separately by each of the beneficiaries.
(g) If the report that proposes the charge is approved, the Standing Committee appoints a Subcommittee Charging integrated by one or more members of the Sub-commission of Accusations of the constitution, proposed by the President at the time of filing the final report, to the effect that sustains the report and to make accusation in his name before the Plenary of the Congress.
(h) Approved the indictment by the Permanent Commission, the Board of Directors decides on the date and time, as well as the rules to be applied to the discussion of the prosecution, constitutional, giving priority on the agenda of the corresponding session.
(i) After the lift of the report and the formulation of the indictment constitutional by the Sub-commission Prosecution, and the debate, the Plenary of the Congress votes, acting in the sense of whether or not it resulted in the formation of a cause as a result of the indictment. In the first case, the Plenary of the Congress debate and vote, in the same session, if it is suspended or not the congressman accused in the exercise of their rights and responsibilities functional, which is subject to a judgment, according to law. In the second case, the file was archived.
The agreement approving an indictment of the constitution, for the alleged commission of crimes in the exercise of their functions, requires the favorable vote of half plus one of the number of members of Congress, without the participation of the members of the Permanent Commission. The agreement approval of suspension requires the same vote.
The agreement approval of sanction of suspension, disqualification or dismissal for violation of constitutional impeachment provisions of the first paragraph of article 100 of the Constitution, is adopted with the favorable vote of 2/3 of the number of members of Congress, without the participation of the Permanent Commission, in accordance with the principle of reasonableness pointed out by the Committee on Constitution and Bylaws in its Report submitted on January 27, 2004 and approved by the Plenary of the Congress on the 28th of January of the same year. In this case, the application of the sanction imposed by the Congress is immediate.
If a Congressman's request, as a result of the plurality of reported, that an indictment is voted separately, the President will gain access to your petition, without debate.
The agreements of the Full session, which put an end to the proceedings on indictment constitutional or political judgment, must be stated in the Resolution of the Congress.
In the vote are prevented from participating members of the Permanent Commission and Sub-commission of Accusations Constitutional that were present.
When there are several people included in the indictment of the constitution, the voting is conducted separately by each of the defendants.
The agreement is no place to formation of a cause or not, this must be stated in Resolution of the Congress.
(j) The record with the accusation constitutional is sent to the Prosecutor of the Nation, who shall proceed in accordance with its terms of reference and provided in the Constitution.
k) During the different stages of the procedure of accusation constitutional, the defendant may be assisted or represented by counsel. The discussion of the indictment on constitutional before the Plenary shall not be suspended by the absence is unexcused, qualified by the Board, the accused or his advocate. In this eventuality, and upon verification of the procedural acts, evidencing the due notice to the accused and his advocate, will discuss and vote on the accusation of the constitution.
l) At any time, from the period stated in subsection (d) of this article, during the proceedings on indictment constitutional respect of the officials included in the first paragraph of article 93 of the Constitution, the Standing Committee or the Plenary session of the Congress, as appropriate, may request that the Vocal Holder less old than the Criminal Chamber of the Supreme Court of Justice of the Republic, to impose, cease or amend the measures restrictive of rights laid down in article 2 of the Law No. 27379, with the exception of those provided for in subparagraph (1) and the hindrance out of the locality in which domicile or the place that you are secure set forth in subparagraph (2), as well as those referred to in article 143 of the Code of Criminal Procedure.
m) The complaints declared inadmissible or who have a report of archiving and putting an end to the procedure of accusation constitutional, in any of its stages, can not return it to stand until the next annual period of sessions, requiring the presentation of new evidence that supports the complaint. Otherwise, they are rejected outright.
n) In case of any further claim that has a relationship with one that is the subject of research, the Permanent Commission, at the time of notifying the Sub-commission of Accusations Constitutional on the term of the investigation, we shall -on the basis of their report of rating - the agreement approval of accumulation, in which case the Permanent Commission may extend the period of investigation in accordance with the provisions in the final part of the first paragraph of item (d) of this article.
Article 89-A. - Procedure for ordering of vacancy of the Presidency of the Republic, on the ground provided for in subsection (2) of article 113 of the Constitution
The procedure for ordering of vacancy of the Presidency of the Republic, on the ground provided for in subsection (2) of article 113 of the Constitution, is carried out in accordance with the following rules:
(a) The order of vacancy is formulated by motion of the order of the day, signed by not less than twenty percent of the legal number of members of congress, specifying the grounds of fact and of law on which is based, as well as the documents that accredit or, in his default, the indication of the place where such documents are located. You have preference in the Order of the Day, and it is seen before any other motion is pending on the agenda. Received the order, a copy of the same is sent, as soon as possible, to the President of the Republic.
(b) For the admission of the order of a vacancy requires the vote of at least forty percent of Congressmen days. The voting is carried out unfailingly in the next session to that in which he gave an account of the motion.
c) The house of Congress agrees to a date and time for the debate and vote of the order of a vacancy, session cannot be done before the third day following the vote on the admission of the order or after the tenth, except that four-fifths of the legal number of members of congress agree to a shorter period or to debate and vote immediately. If necessary to the citation, to this effect, a special session. The President of the Republic whose vacancy is the subject of the order, you may exercise his or her personal rights of the defence, or be assisted by counsel, for up to sixty minutes.
(d) The agreement that declared the vacancy of the Presidency of the Republic, on the ground provided for in subsection (2) of article 113 of the Constitution requires a vote by skilled not less than 2/3 of the legal number of members of Congress and consists in the Resolution of the Congress.
(e) The resolution, which declares the vacancy is published in the Official Journal within twenty-four hours following receipt of the transmission sent by the Congress. In his absence, the President of Congress ordered to be published in one of the largest-circulation daily, without prejudice to the responsibilities to which it is entitled.
(f) The resolution, which declares the vacancy governed from that communicates to the thus vacated, the President of the Council of Ministers, or is effected its publication, whichever occurs first.
Article 90.- Procedure of control over the delegated legislation
Congress exercises control over the Legislative Decrees issued by the President of the Republic in the exercise of the legislative powers referred to in Article 104 of the Constitution, in accordance with the following rules:
(a) The President of the Republic shall give account to the Congress or the Standing Committee of the Legislative Decrees that made use of the legislative powers, within three days after publication.
(b) Received in the office and the records by which the President of the Republic gives the account of the issuing of the legislative decree and no later than the first working day following, the President of the Congress submits the dossier to the Commission of Constitution and Rules of Congress or to the point the law authoritative, for your study.
(c) The Commission informant presents opinion, necessarily, in a term of not more than 10 days. In the case that the or legislative decrees contravene the Constitution or exceed the framework of the delegation of powers granted by Congress, recommended its repeal, or amendment to correct the excess, or the breach, without prejudice to the liability policy of the members of the Council of Ministers.
Article 91.- Control procedure on the decrees of Urgency
Congress exercises control over the emergency decrees issued by the President of the Republic in the use of the power granted to it in point (19) of Article 118 of the Constitution, in accordance with the following rules:
(a) Within twenty-four hours subsequent to the publication of the Decree of Urgency, the President of the Republic will notice in writing to the Congress or the Standing Committee, as the case may be, attaching a copy of the decree.
(b) Received in the office and the records by which the President of the Republic gives an account of the expedition of the decrees of urgency and no later than the following working day the President of the Congress sent the dossier to the Commission of Constitution, to its study within the period of fifteen days. The Commission gives notice to the Board of Directors of the fulfillment of this attribution on the second working day following the adoption of the opinion. The President informs necessarily at the Full, and ordered its publication on the Portal of the Congress or in the Gazette of the Congress or in the Official Journal El Peruano.
(c) The Commission informant will qualify if the emergency decree versa on the matters listed in item (19) of Article 118 of the Constitution, and is based on the urgency of regulating extraordinary situations and unpredictable whose imminent risk of that range constitutes a danger to the national economy or public finances. In any case, it presents opinion and recommended its repeal if it considers that the extraordinary measures adopted by the decree of urgency, is not justified or beyond the scope material identified in item (19) of Article 118 of the Constitution. Otherwise, it gives its opinion by stating the fact to the effect that contracts the final part of the subsection (b) of this article.
d) If the Plenary of the Congress approves the report of the Commission to respondent, the President of the Congress should enact it by law.
Article 92.- Procedure of control over the treaties executives
The international treaties concluded or ratified, and adheres to the President of the Republic under article 57 of the Constitution are referred to as “International Treaties Executives” for internal purposes, even when it is different denomination at the same international conventions to express themselves, and can only be about different subjects to those referred to in article 56 of the Constitution.
International treaties officers may not contain agreements entailing amendment or repeal of provisions of the constitution or that have the force of law, or that require legislative development for compliance. Within three (3) business days subsequent to its conclusion, the President of the Republic shall give account to the Congress or to the Permanent Commission of the international treaties executives to give a course. The omission of this procedure suspends the application of the convention, which, if it has been perfected in accordance with the rules of International Law, it has no internal effects.
Performed the procedure referred to in the previous paragraph, and at the latest within three (3) business days, the President of the Congress forwards copy to the Committees on Constitution and Bylaws and of Foreign Affairs of the Congress of the Republic for the study and dictate international treaties executive positions in their knowledge within thirty (30) days; checking if it has complied with the provisions of articles 56 and 57 of the Constitution and the present Legislative Resolution.
In case of breach of the President of the Republic to the procedure provided for in this article, this does not prevent the parliamentary control in accordance with this standard.
In the first session following receipt of the opinion of the Reporting commission that recommended to leave without the effect of an international treaty executive, the President of the Congress puts in consideration of the Plenary or the Permanent Committee. If the Congress approves the terms of the negative opinion, issued legislative resolution without giving effect to the treaty, which notifies the President of the Republic for within five (5) business days following run notice to the other parties. Once posted, the legislative resolution, the treaty is valid internal.
Without prejudice to the notice to the other parties of the treaty, the President of the Republic to receive the decision of the Congress, can arrange the treaty on the road to relief, pursuant to article 56 of the Constitution.
The President of the Republic may submit to the consultation of the Committees on Constitution and Bylaws and of Foreign Affairs of the Congress, the text of the treaties, international executives who intends to enter into or ratify, to enable them to study.
The opinion of these commissions is not a condition to the President of the Republic.
SECTION THIRD
Special Procedures
Article 93.- Forms of nomination, election and ratification of officials
The Congress, through the Standing Committee, appoints and removes the Comptroller General of the Republic and ratified the appointment of the President of the Central Reserve Bank, who may be removed, and the Superintendent of Banking, Insurance and Administrators of Private Pension Funds and with the approval of the Plenary elects the Ombudsman, observing the conditions laid down in the Constitution and the organic laws of the respective public institutions, as well as the procedure specified in the special regulations approved by the Congress. In all cases, there will be legislative resolution.
In the case of the procedure of election of senior officials, not Congress, that requires the system of voting by secret ballot and by writ, the act of voting may be carried out simultaneously, during the course of the respective session of the Plenary of the Congress, and shall be established, necessarily, the start time, the closure of the ballot and the corresponding scrutiny, which must be made the same day, without the possibility of break or suspension of the session. During the voting process, the Plenary will deal with other matters contained in the agenda respective, always and when you do not have for its object the election of the members of the board of Directors.
The special regulations for the appointment, election and ratification of the officials of the State, pointing to the Constitution, form part of this Regulation of the Congress.
Article 94.– Procedure for the submission of the Annual Report of the Ombudsman.
The Ombudsman submits the report to the Congress of the Republic once a year, during the month of may, as prescribed in Article 162 of the Constitution, in accordance with the following procedure:
(a) The Ombudsman shall send, in writing to the Chair of the Congress of the Republic, the Annual Report about the activities carried out by his office, duly supported and exposing in addition, the findings of the case.
(b) The Report referred to in the previous article is supported before the commission of Constitution and Human Rights and Peace-building, convened in joint session. This session will discuss the report and made the clarifying questions as needed.
(c) The Ombudsman will sustain its Annual Report to the Plenary of the Congress of the Republic in the first session after the lift at which contracts the previous subsection.
Article 95.- Procedure for the submission of special Reports of the Ombudsman
The Ombudsman shall submit a report when requested by the Congress of the Republic, through the Presidency of the same, in accordance with Article 162 of the Constitution on a specific subject, according to the following procedure:
(a) The Ombudsman shall, in writing to the Chair of the Congress of the Republic, the Report on the matter requested, within the term of fifteen (15) calendar days, counted from the date of receipt of the respective request.
(b) The Report referred to in the previous point, is sustained before the commission on Human Rights and reconciliation and the Commission that, in the opinion of the Presidency of the Congress, has jurisdiction over the subject matter of the request, meeting in joint session, during the fifteen (15) calendar days of the receipt of the Report of the Ombudsman. This session will discuss the Report and made the clarifying questions as needed.
(c) The Ombudsman will sustain its report to the Plenary of the Congress of the Republic in the first session after the lift at which contracts the previous subsection.
CHAPTER VII
Regime Applicable to the Andean Parliamentarians
Article 96.- Representation of the Andean Parliamentarians
The representatives of the peruvian to the Andean Parliament, representing the Nation at the deliberative body of the Andean Community and have the right to save the respect and give them the care and facilities that correspond to their endowment.
Article 97.- The oath of Office before the Congress of the Republic
The representatives of the peruvian members and alternates, prior to their incorporation into the Andean Parliament, they are obliged to swear before the Congress of the Republic of Peru, the compliance of the Constitution.
Article 98.- Annual report and Ordering Information
The representatives of the peruvian to the Andean Parliament relations of coordination with the Congress of the Republic. With this purpose presented to the Plenary session of the Congress an Annual Report on the work, activities and the mission accomplished, as well as the development of the integration process.
The Report to be submitted, will be approved by representatives of the peruvian to the Andean Parliament by a simple majority of votes, and what will sustain the representative may designate, subject to the effect as a vote.
Requests for information made by the Andean Parliamentarians to the officials of the State to comply with its mandate are carried out in accordance with the regime established in this Regulation, in what is applicable to them and in the relevant subjects.
Article 99.- Communication of the Bodies of the Congress of the Republic, with the Andean Community
The communication of the bodies of the Congress of the Republic with the organs of the Andean Community is done through the national bodies of link that are the Ministries of Foreign Affairs and Foreign Trade and Tourism.
Article 100.- Regime of Remuneration and Services
In accordance with the provisions of article 6 of Law No. 28360, Law on Elections of Representatives to the Andean Parliament, the Budget of the Congress include the amounts corresponding to address the compensation committee of the Andean Parliamentarians. In addition to be included in the Budget of the National Office of the Andean Parliament in Peru.
The alternates are only entitled to compensation to the extent that giving effect to the replacement of the holder and the part proportional to the duration of his replacement.
The payment of the remuneration referred to in the preceding paragraph shall be borne by the Congress of the Republic in equal amounts to the Congressmen of the Republic, in accordance with article 10 of the Additional Protocol to the Treaty Establishing the Andean Parliament, made in the city of Sucre, the April 23, 1997, and approved by the Legislative Resolution No. 27525.
The legal regime applicable is the same as the congress of the Republic in the appropriate box.
Article 101.- Regime of Substitution
The representatives of the peruvian to the Andean Parliament are replaced by the alternate representatives who have identical privileges, benefits and facilities according to the criterion of effective performance of the functions of the position. Alternates replace the holder according to the list, and the order that results of the most voted for preferential obtained in the electoral process in which they were elected. Only in case of illness or accident itself corresponds to the payment of the remuneration committee simultaneous to the holder and alternate. Otherwise only from the retribution for those who meet the parliamentary functions; and in his case, for the part proportional to the effective performance of these functions. While the alternates do not exercise the charge in substitution of the holders will not be subject to disqualifications or disabilities.
TRANSITIONAL PROVISION
ONLY.- The Permanent Commission comes into effect from July 28, 1995, in accordance with the Fifteenth Final Disposition and Transient, of the Constitution.
SECOND.- For the annual session 2000-2001, the First Legislature concludes the October 31, 2000. The Second Legislature starts November 1 and ends on June 15, 2001.
THIRD.- The Congress of the Republic, elected to complete the Parliamentary session 2016-2021 develop their functions in four regular sessions or legislatures:
(a) The first starts on the 17th of march of 2020 and ends on 26 June 2020.
(b) The second starts on July 6, 2020 and ends December 18, 2020.
c) The party starts on February 1, 2021 and ending on the 12 of June of 2021.
d) The fourth starts on June 13, 2021 and ends on July 16, 2021.
FINAL PROVISIONS
FIRST.- This Regulation enters into force from the day following that of its publication in the Official Journal El Peruano.
SECOND.- The rules of the Regulation establishing the Regime of Labour, Social Security and the Functional Rights must respect established by the labour law and tax in force, what they apply to you.
THIRD.- Precísase that the Resolutions No. 160-93-CD/CCD and No. 066-95-CD/CCD August 12, 1993, and July 17, 1995, respectively, are legal rules supplementary to the Article 4 of the Rules of the Democratic Constituent Congress, and Article 22 (g) of the current, being therefore of nature exclusive, applicable only to the gentlemen of the Congressmen and mandatory before any authority. The whole procedure is contrary to this statement is null and void, under the responsibility.
FOURTH.- Compensation for Time of Service of the workers of the Congress is governed by the rules of the labour regime of private sector activity and is not likely to be conducted, except in the case of partial availability by withdrawal for the purposes of acquisition, construction, repair or remodeling of the home or amortization or payment of mortgage credit. The amount of availability for this purpose may not exceed the amount of fifty percent (50%) of the total amount provided by the institution. The board of Directors may, exceptionally, for a term determined, adjust this percentage in the terms and limits of the Law No. 28461, as well as to establish the conditions of and procedure for the access to this benefit.
The President of the Congress of the Republic, in its quality of owner of the Spread, you have to take the actions necessary budget to comply with this Provision.
ING 
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