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DECREE WITH VALUE AND FORCE OF ORGANIC LAW FOR COMMUNITY MANAGEMENT OF COMPETENCIES, SERVICES AND OTHER ATTRIBUTIONS

DECREE WITH VALUE AND FORCE OF ORGANIC LAW FOR COMMUNITY MANAGEMENT OF COMPETENCIES, SERVICES AND OTHER ATTRIBUTIONS

Trough the Official Gazette of the Bolivarian Republic of Venezuela, No. 39.945, Extraordinary No. 6.9079, from June 15th, 2012, under the Enabling Act granted on 2010, it is published the Decree No. 9.403, referred to the Decree with Value and Force of Organic Law for Community Management of Competencies, Services and other Attributions, which is directed to:

- Develop the principles, values, procedures and mechanism of transference for the management and administration of services, activities, goods and resources of the National Public Power, and the territorial entities for the organized public, which will assume through the management of the Community Companies of Social Property of Services, and Socio Productive, or the organizations based on the Popular Power and other ways of organized community (…) generating the necessary conditions for the exercise of the participative democracy and the effective delivery and management, for sustainable use of goods, services, resources designed to meet the collective needs.
- The mechanism of transference should be in correspondence with the Social and Economical Development Plan of the Nation with the Strengthening of the communities, holders of the original State Sovereignty, to claim for the people their power to decide and manage their better living, establishing the independence and the co responsibility between the political entities and the Sovereignty People.
It counts with the following purposes:
- Develop mechanisms that grant participation of organization of the Popular Power in the formulation of investment proposals, and the execution, evaluation and control of works, programs and public services in the territorial scope.
- Promote and grant the participation of workers in the management of public companies through management and self-management process.
- Impulse the creation of communal companies and other organizations based on the Popular Power and social property.
- Grant the participation of the organized people in all phases of the productive and communal cycle, developing the internal and external linkages of the fundamental economical activities.
- Impulse the planning of the communal process as mechanism of participation of the organizations of the Popular Power in the construction of the new model of public management.
In turn, the organizational ways are directed to communes, communal councils, and socio productive organizations of social property, communal or mixed, and the news ways of popular organization of social property known by the existing legal system, created or that will be created with the purpose of developing the management and self-management tools implemented at the level of parishes, communities and neighborhoods.

The transference process is developed and framed by five complementary areas: Diagnose, Transference Plan, Estimate, Execution, and Social Comptroller.

The President, governors and mayors, could agree in the total or partial exoneration of the tribute payment in their competence in favor of the transference subjects, in the exercise of the transferred managements.

In turn, it could be agreed other modalities of tax incentive to facilitate the management and administration of the services, activities and resources transferred, according with the dispositions of this Decree with Value and Force of Organic Law.