Dear Customer, Please find
full text of Supreme Decree No. 41 of 25 January 2011 published in the Official Journal of TODAY, April 14, 2011, regulating the transfer of resources to mitigate the effects of the earthquake of February 27, 2010, in educational establishments.
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What I inform you., Their size and the consequent urgency of their implementation within the plan for dissemination of information relevant to customers in this study.
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Nelson Lobos Zamorano
; ; Advocate
Conception April 14, 2011
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A. Pinto 372, Of. 61
Fono (41) 2254326 Concepción
OFFICIAL JOURNAL OF APRIL 14, 2011
REGULATING TRANSFER OF RESOURCES TO FUND CONSTRUCTION, REPAIR AND / OR STANDARD OF EDUCATIONAL INSTITUTIONS GOVERNED BY DFL N º 2, 1998, LOCATED IN THE AREAS INCLUDED DECREE No. 150 OF 2010, THE MINISTRY OF INTERIOR, ALSO AS SUCH EQUIPMENT AND FURNITURE FOR BUSINESSES
No. 41 .- Santiago, January 25, 2011 .-
Considering:
That, Law No. 20,481, the Budget for the Public Sector of the Year 2011, Item 09, Chapter 01, Program 02, Subtitle 33, Item 03, Assign 123, gloss 10, 'Infrastructure provides subsidies,''that with these resources will finance the construction, repair and / or standards of educational institutions governed by decree with force Law No. 2 of 1998, the Ministry of Education, located in the areas covered by Presidential Decree No. 150 of 2010, the Ministry of the Interior, as well, with such resources can finance equipment and furniture;
That, in addition , the law provides that a decree of the Ministry of Education, which must be approved by the Ministry of Finance, establish the manner of implementation of these resources, and
Views:
The provisions of Articles 32 N º 6 and 35 of the Constitution of the Republic of Chile, Law No. 18,956 to Restructure the Ministry of Education, Law No. 20,481, the Public Sector Budget for the Year 2011; decree with force of Law No. 2 of 1998, the Ministry of Education Decree No. 150 of 2010, the Ministry of Interior, and Resolution No. 1,600, 2008, the Comptroller General of the Republic,
Decree:
Article 1 .- To regulate the manner of execution of the remedies provided by Law No. 20,481, the Budget for the Public Sector for the year 2011, Item 09, Chapter 01, Agenda 02, Subtitle 33, Item 03, Assign 123, gloss 10, to finance the construction, repair and / or standards of educational institutions governed by decree with force of Law No. 2 of 1998, the Ministry of Education, located in the areas covered by Decree No. 150 of 2010, the Ministry of Interior, which have been damaged by the earthquake February 27, 2010, as well as equipment and furnishings for such facilities.
Up to 25% of the resources referred to this assignment may be used to finance the subsidized private schools complying with the rules stated herein.
Article 2 .- For purposes of these rules shall apply:
a) Construction: total or partial construction of school buildings as a solution to the damage to the infrastructure of existing educational facilities in the earthquake.
also considers the replacement of local school by the magnitude of damage and / or the risk posed by the buildings for the life of the people, not likely to be repaired, and the creation new facilities when required merge or raise tuition more than one place, that the magnitude of existing damage can not be repaired or replaced under the conditions presented to the February 26, 2010.
In any case, it means that new educational institutions are followers of the educational function of the establishment of origin.
In these situations, school buildings should be self-sufficient and independent units so that your infrastructure meets the requirements established by the rules governing the creation of new educational institutions officially recognized by the State.
b) Repair: is to restore normal use of the facilities of a local school in safety, structural stability, housing and health in establishments affected by the quake.
c) Standardization: is improvement, redistribution, optimization, adaptation and / or change capable of tapping into existing facilities in a local school which is necessary to restore normal use of its infrastructure by the educational community without building new surface that enables the applicable rules on infrastructure, equipment and school furniture.
d) Equipment: learning resources and educational tools for laboratories, workshops or other educational venues that are necessary to develop the teaching and learning in schools.
e) Furniture: Furniture own classroom, such as chairs, tables, shelves, blackboards, and furniture that also perform functions similar to those indicated in the learning resource rooms, laboratories, libraries and workshops. Included in this concept the necessary furniture to garrison dining rooms and kitchens of student use. Both
, construction, and repair and standardization, including demolition infrastructure when it is necessary to comply with the project.
sizes and quantities of the compounds or surfaces, is defined according to what is stated in Presidential Decree No. 548 of 1988, the Ministry of Education, which approved''physical plant standards for educational premises down minimum requirements to be met by institutions recognized as co-educational function of the state, according to the level and type of education provided''; Presidential Decree No. 47 of 1992, Ministry of Housing and Urban Development,''General Ordinance Urban Planning and Construction''; Supreme Decrees No. 289 of 1989,''Regulation on sanitary conditions of educational institutions, and repealing Decree No. 462 of 1983'', No. 977 of 1996,''food health regulations,''and No. 594 of 1999, Regulation''basic health and environmental conditions in the workplace,''all of the Ministry of Health, Law No. 19,300 Bases''general''and environmental regulations, and amendments thereto or in the future replaced.
Article 3 .- You can access these resources, educational institutions ruled by decree with force of Law No. 2 of 1998, the Ministry of Education, located in the areas covered by Decree No. 150 of 2010, the Ministry of Interior, which have been damaged by the earthquake of 27 February 2010.
Hotels that meet these requirements will be determined by resolution of the Ministry of Education.
Article 4 .- The resources will be allocated by competitive tender by the Ministry of Education.
For these purposes there will be various kinds of calls for different types of infrastructure projects, equipment, or furnishings that meet the requirements techniques that indicate the bases established by the Ministry of Education in each case, the call must consider the following aspects:
a) Type of intervention: facilities construction, repair, standards, procurement of equipment and / or furniture.
b) Geographical area: regional, provincial or a set of regions, provinces or municipalities concerned. Also may call for specific locations or urban, rural or remote areas affected by the earthquake.
c) Characteristics of establishment: municipal agency or private subsidized damage level, attention span, type of education, rurality and socio-economic vulnerability.
d) Amount and project financing: maximum amount per project, minimum funding of the holder, to give maximum support.
e) Offer educational network: allow to evaluate the need to repair or replace the infrastructure of one or more premises identified in a particular geographical area, in consideration of the historical enrollment has been attended between 2002 and 2009 the classrooms of the establishment in the project situation.
Registration shall be in the System General Student Information (EMIS).
Article 5 .- The Ministry of Education establish the bases and set the dates for each call is made, make the call concerned, evaluate the submissions and publish the results of the projects awarded, receive and resolve complaints and definitive history or complementary request, as appropriate.
Article 6 .- The calls may only participate holders of educational institutions contained in the resolution of the Ministry of Education referred to the second paragraph of article 3 of this decree, and that meet the specific requirements for these calls.
Article 7 .- The shape and location of the project and its history is determined by the Ministry of Education in the respective bases.
Article 8 .- The project shall contain the technical and legal elements identified on the bases established by the Ministry of Education, must in any event include, at least, the estimated total project cost and sources funding.
Article 9 .- The total project cost to the holder to access this resource referred to in this Decree, may also contain expenses for implementation of blueprints, architectural designs, independent auditors, other technical studies (such as traffic impact, soil mechanics and the like), and building permit.
Article 10 .- The same infrastructure project may include combinations of different types of interventions in order to fix the damage to the infrastructure of the setting.
Similarly, depending on the extent and nature of the damage it has suffered a facility may be presented and benefited more than one call, as determined by the Ministry of Education.
Article 11 .- To apply the holder must submit the following background:
a) Application Form.
b) Background required in the bases of each call.
also must accompany the documents establishing dominion over the property in which the educational establishment is located.
holders who do not own the property must accompany the background information required in Article 46, letter i) of Law No. 20,370, the text of the consolidated, coordinated and systematized is contained in the decree with the force Bill No. 2 of 2009, the Ministry of Education.
Article 12 .- Within the presentation of the history of the project, applicants may consult or seek clarification of the bases, the conditions and time horizons therein.
Article 13 .- The Division of Planning and Budget of the Ministry of Education will be responsible for the evaluation process of projects.
Article 14 .- In each call, the selection of projects submitted by the holder shall be based on a scoring system resulting from the weight the criteria are indicated below, which are determined for each call:
a) Level of damage to property: indicator to determine the extent of damage of a local school to provide the educational services as a result of earthquake, its aftershocks and tsunami.
b) Amount of funds requested for each student: indicator to measure the efficiency of the resources given in consideration of the tuition benefit to the implementation of the project.
c) Registration served by the establishment: indicator to measure the effect of the implementation of the project as the number of students benefiting.
d) Financing holder: indicator that measures the ability of the holder to add resources to the proposed solution. Corresponds to the amount of resources to provide the holder, their own or from third parties, other than public funds, as appropriate, to implement the project.
e) Priority of holder: indicator to measure the importance that the holder, which has affected more than one place, assign a project for others who may be present in a single call.
f) Distance of alternatives: indicator to measure the need run a project based on the existence and / or distance education facilities that can accommodate students from another plant with damage to its infrastructure.
g) Cost per m² of the proposed solution: indicator to measure the efficiency of the resources given in consideration of the values \u200b\u200bof the budget submitted by the holder for the project, for references on the market for construction materials equivalent.
h) Idle capacity: indicator to gauge the real need for repair of infrastructure, in consideration of the historical enrollment has been addressed in the establishment between 2007 and 2009, and installed capacity in classrooms of the establishment in the situation with the project.
i) Quality education by socioeconomic status of students: indicator to measure the efficiency of the resources given in consideration of the quality of education that imparts a facility, according to the results of the National Measurement System Quality of Education (SIMCE) of the last evidence presented by level of education (4 th, 8 th year of basic education or 2 nd year of Secondary Education), compared to the quality of education provided by the schools that serve students with similar socioeconomic characteristics.
The methodology for measuring the above aspects and their evaluation and consideration, indicate on the basis of each call.
In the same call will use the same criteria for each project.
enrollment to be considered will be indicated in the General Information System for Students (EMIS), 2009, except as provided in subparagraph h) which also incorporate information from the years 2007 and 2008.
Article 15 .- Once the projects evaluated and rated according to the pathways for each type of intervention Minister of Education will decide the allocation of resources through the administrative act that will contain the list of projects awarded, which shall be notified according to law, without prejudice to be published on the website of the Ministry, and www.mineduc.cl www.comunidadescolar.cl page.
Article 16 .- holders whose projects have not been selected may claim it in accordance with legal standards.
Article 17 .- Once settled claims, the final list will be notified in accordance with the provisions of current legislation, without prejudice to publish on the website of the Ministry www.mineduc.cl and www.comunidadescolar.cl page.
The Secretary of Education shall proceed in accordance with the provisions of Article 15 above, incorporating in the list of projects awarded those whose claim was received.
Article 18 .- To access the resource holder whose project has resulted awarded must sign an agreement with the Ministry of Education, setting out the rights and obligations of the parties.
Article 19 .- The agreement mentioned in the preceding clause, the holder is obliged to allocate the property constructed, repaired, standardized goods furniture purchased with the resources referred to in this regulation, for educational purposes for at least twenty years.
Equipment and furniture purchased with these funds credited to equity holder of the educational establishment and its destination and will be used for educational purposes only.
Article 20 .- addition, the agreement will establish, inter alia, timing, modalities and conditions of supply of resources, which in any event should consider, at least the following:
a) be given an advance of 25% of the amount of resources to transfer by way of works and / or acquisitions, except If the holder requests a lesser amount or no advance request, once fully processed the administrative act to approve the settlement and surrender of the relevant security.
b) download status for each payment for execution of works or purchases of equipment and / or furniture will be made against the effective implementation of the program of works or purchases specified in contracts or purchase orders submitted by the holder, delivery may be suspended at any time in its absence, or unauthorized modification.
means the calendar works program financial physical works and implementation for be justified by submitting statements of progress that will be subject to the supervision referred to in Article 22 below, without prejudice to the other can be established in the agreement.
c) The last 5% of the funds to be transferred only after delivery of the relevant final application, accompanied by a copy of the certificate of final acceptance of works issued by the Municipal Department of Works, if applicable, or invoice and receipt holder as in the case of equipment and furniture.
Article 21 .- satisfying the conditions described in the preceding article, be transferred the available resources in accordance with the pertinent budget law.
The Ministry of Education, in any case, you can transfer more resources than those allocated to a project in each of the calls that can be performed under this regulation, so any increased cost of the project should be undertaken by the holder whose project was awarded.
In any case, the holder will have to finance this higher cost before the Ministry of Education to transfer resources, or at least prove that they have the resources, as indicated in the notice.
Likewise, any decrease in the total cost of the project presented by holder and considered for award in a given call, it will mean the reduction of resources transferred in the same proportion as decreases the total project cost.
Article 22 .- The Ministry of Education monitored by one or more visits and background checks, any stage of implementation of works projects and / or acquisitions and seek the records and reports for monitoring and control the investment of the contributions given it deems appropriate.
Notwithstanding the foregoing, the agreement that was signed with the holder may contain special control mechanisms, which be determined in the respective call.
Article 23 .- The holder will report to the Ministry of Education states payment and purchase orders in the manner established in each agreement, which shall be considered the relevant documents and reports physical and financial progress of works, and the provisions of Resolution No. 759 of 2003, the Comptroller General of the Republic.
Article 24 .- private holders and local councils should ensure full compliance with the convention signed with the Ministry of Education, in the way be brought into the groundwork.
addition, the holder must require contractors to contracts entered into, the bid security of supply, strict compliance with the contract and the proper execution of the project in accordance to what is set on the basis of each call .
Article 25 .- The agreement should stipulate that if the holder changes the destination of the property or furniture and equipment which were given the resources, before twenty years provided in Article 19 above, the Ministry of Education shall exercise the legal actions are appropriate, in order to recover the entire amount transferred updated according to the Consumer Price Index, in the manner and time specified in the respective agreement.
Article 26 .- Notwithstanding the provisions of this regulation, the Ministry of Education may provide for all other duties deemed necessary to protect the fiscal interest.
Article 27 .- The Head of Planning and Budget Division of the Ministry of Education, will be the official responsible for overseeing and authorizing the transfer of resources to the holders, subject to compliance with the provisions of the preceding articles.
The physical transfer of the contributions will by the General Administration Division of the Ministry of Education, Department of Finance, Budget Execution Unit. Enter
, take right and published .- Sebastian Pinera Echenique, President of the Republic .- Joaquin Lavin Infante, Minister of Education.
Transcribed for information .- Sincerely yours, Fernando Rojas Ochagavía, Secretary of Education.
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