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TITLE IX
CONSTITUTIONAL REFORMS
Chapter I
Amendments
Article 340:
The purpose of an amendment is to add to or modify one or
more articles of the Constitution, without altering the
fundamental structure of the same.
Article 341:
The procedure for adopting amendments to the Constitution
shall be as follows:
(1) The initiative may emanate from 15% of the citizens
registered with the Civil and Electoral Registry, from 39%
of the members of the National Assembly or from the
President of the Republic, sitting with the Cabinet of
Ministers.
(2) When the initiative emanates from the National
Assembly, the amendment shall require approval by a majority
of the members of that body, and shall be debated in
accordance with the procedure established under this
Constitution for the enactment of laws.
(3) Electoral Power shall submit the amendments to a
referendum within 30 days of formally receiving the same.
(4) Amendments shall be deemed approved in accordance
with the provisions of this Constitution and the law
concerning the approval referendum.
(5) Amendments shall be numbered consecutively and shall
be published beneath the Constitution without altering the
text of the latter, but with an annotation at the bottom of
the amended article (s) of the number and date of the
amendment modifying the same.
Chapter II
Constitutional Reform
Article 342:
The purpose of constitutional reform is to effect a partial
revision of this Constitution and replacement of one or more
of the provisions hereof, without modifying the fundamental
principles and structure of the text of the Constitution.
The initiative for a constitutional reform emanates from the
National Assembly, by resolution approved by a majority vote
of the members, from the President of the Republic sitting
with the Cabinet of Ministers, or at the request of
registered voters constituting at least 15% of the total
number registered with the Civil and Electoral Registry.
Article 343:
The initiative for a constitution reform shall be processed
by the National Assembly as follows:
(1) The draft constitutional reform shall be debated for
the first time during the legislative session during which
it is submitted.
(2) Second debate title by title or chapter by chapter,
as applicable.
(3) Third and last debate article by article.
(4) The National Assembly shall approve the draft
constitutional reform in a time period no latter than two
years, counted since the date the reform application was
submitted and approved.
(5) The draft constitutional reform shall be approved
with a two third members vote of the National Assembly.
Article 344:
Once approved by the National Assembly, the draft
constitutional reform shall be submitted to a referendum
within 30 days from its approval. The referendum shall pass
on the reform as a whole, but up to one third of the same
may be voted on separately, if at least one third of the
National Assembly so agrees, or if in the initiative for the
reform, the President of the Republic or a number of
registered voters equivalent to at least 5% of the total
registered with the Civil and Electoral Registry so
requests.
Article 345:
The constitutional reform shall be declared approved if the
number of affirmative votes is greater than the number of
negative votes. A revised constitutional reform initiative
may not be submitted during the same constitutional term of
office of the National Assembly.
Article 346:
The President of the Republic shall be obligated to
promulgate Amendments and Reforms within ten days of their
approval. If he fails to do so, the applicable provisions
of this Constitution shall apply.
Chapter III
National Constituent Assembly
Article 347: The original constituent power
rests with the people of Venezuela. This power may be
exercised by calling a National Constituent Assembly for the
purpose of transforming the State, creating a new juridical
order and drawing up a new Constitution.
Article 348:
The initiative for calling a National Constituent Assembly
may emanate from the President of the Republic sitting with
the Cabinet of Ministers; from the National Assembly, by a
two-thirds vote of its members; from the Municipal Councils
in open session, by a two-thirds vote of their members; and
from 15% of the voters registered with the Civil and
Electoral Registry.
Article 349:
The President of the Republic shall not have the power to
object to the new Constitution.
The existing constituted authorities shall not be permitted
to obstruct the Constituent Assembly in any way.
For purposes of the promulgation of the new Constitution,
the same shall be published in the Official Gazette of the
Republic of Venezuela or in the Gazette of the Constituent
Assembly.
Article 350:
The people of Venezuela, true to their republican tradition
and their struggle for independence, peace and freedom,
shall disown any regime, legislation or authority that
violates democratic values, principles and guarantees or
encroaches upon human rights.
SOLE DEROGATION PROVISION
The Constitution of the Republic of Venezuela decreed on
January 23, 1961 is hereby derogated. The rest of the
juridical order shall remain in effect to the extent not in
conflict with this Constitution.
TEMPORARY PROVISIONS
First: The special law on the regime for the
Capital District as provided for under article 18 of this
Constitution shall be approved by the National Constituent
Assembly, and shall preserve the territorial integrity of
the State of Miranda. Pending approval of the special law,
the regime provided for under the Organic Law on the Federal
District and the Organic Law on the Municipal Regime shall
remain in effect.
Second:
Pending enactment of the law provided for under article 38
of this Constitution concerning the acquisition, election,
renunciation and recovery of nationality, foreign
individuals who, having entered and remained within the
national territory legally and declared their intention of
establishing their domicile in Venezuela, have a lawful
means of earning a living and have resided continuously in
Venezuela for two years, shall be regarded as domiciled in
Venezuela.
Residence shall be understood as meaning continuing presence
in the country with the intention of remaining.
Declarations of intent as provided for under articles 32, 33
and 36 of this Constitution shall be made in the form of an
authentic instrument by the interested party, when the
latter is of legal age, or by his legal representative , if
he has not yet reached the age of 21.
Third:
The National Assembly, within six months of its
installation, shall pass:
(1) A partial reform of the Penal Code to include the
offense of forced disappearance of persons, as provided for
under article 45 of this Constitution.
(1) Pending enactment of this reform, the Inter-American
Convention on the Forced Disappearance of Persons shall
apply insofar as possible.
(2) An organic law on states of exception.
(3) A special law to establish the conditions and
characteristics of a special regime for the Municipalities
of Jose Antonio Páez and Rómulo Gallegos, in the State of
Apure. In the process of formulating this law, the opinions
of the President* of the Republic, the National Armed
Forces, such representation as may be designated by the
corresponding State and all other institutions involved in
border problems shall be heard.
Fourth:
Within one year of installation, the National Assembly shall
approve:
(1) Legislation on penalties for torture, either in the
form of a special law or by reforming the Penal Code.
(2) An organic law on refugees and asylum guarantees,
consistent with the terms of this Constitution and the
pertinent international treaties ratified by Venezuela.
(3) By reforming the Organic Labor Law, a new regime for
the right of employees regarding severance payments as
regulated in article 92 which regime shall provide for
severance payments calculated in proportion to the time
served and calculated according with the last salary earned,
establishing a statute of limitation for this right of ten
(10) years. Until such reformed law goes into effect, the
seniority benefit arrangement established under the present
Organic Labor Law currently in force shall temporarily
remain in effect. Likewise a set of overall standards
regulating the working day and promoting the progressive
reduction thereof shall be included, on the terms
contemplated under the International Labor Organization
agreements and conventions signed by the Republic.
(4) An organic procedural labor law guaranteeing the
functioning of an autonomous and specialized labor
jurisdiction and protection for workers on the terms
provided for in this Constitution and the law. The organic
labor procedural law shall be guided by the principles of
gratuitous service, expeditiousness, oral proceedings,
immediacy, priority on the reality of the facts, equity and
guiding authority of the judge in the proceedings.
(5) The legislation relating to the Judicial System,
National Public Administration, Citizen Power, Electoral
Power, tax laws, Budgeting Law, and Public Credit Law. An
organic law on public defense. Until this law is passed,
the Commission on the Functioning and Restructuring of the
Judicial System shall be in charge of the development and
effective functioning of the Autonomous Public Defender
System, in order to guarantee the right to a defense.
(6) A law developing the public finances of the States,
establishing, in a manner consistent with the principles and
rules of this Constitution, the taxes included in the same,
the mechanisms for their application and the provisions
regulating them.
(7) Legislation developing the constitutional principles
concerning municipal regime. In accordance with such
legislation, the legislative organs of the States shall
proceed to pass the normative instruments appropriate to the
organizational powers assigned to them with respect to the
Municipalities and other local organs, and the territorial
political divisions in each jurisdiction. The existing
Municipalities and parishes shall continue existing until
they have been adapted to the new regime provided for under
such legislation.
(8) The law by which the Venezuelan Central Bank is to
be governed. Among other matters, this law shall provide
for the scope of the functions and manner of organization of
this entity; the functions, term of office, manner of
election, removal, incompatibilities, regime and
requirements for the designation of its Chairman and
Directors; the accounting rules for establishing its
reserves and the manner in which its profits are to be
applied; the annual independent audit of accounts and
balances by firms of specialists selected by the National
Executive and subsequent control by the Office of the
General Comptroller of the Republic regarding the legality,
sincerity, opportunity, efficacy and efficiency of the
administrative activity of the Venezuelan Central Bank.
The law shall provide the Chairman and other members of the Board
of Directors of the Venezuelan Central Bank shall represent
exclusively the national interest, to which end it shall
provide for public proceedings to evaluate the merits and
credentials of candidates for the aforementioned positions.
The law shall provide that the Executive Power shall have the power
to designate no less than half of the Directors as well as
the Chairman of the Venezuelan Central Bank, and shall
establish the terms for participation by the Legislative
Power in the designation and ratification of these
authorities.
(9) A law of national police corp. This law shall
establish the mechanism for the integration of terrestrial
transport and transit vigilance to the national police
corps.
Fifth:
Within one year of the effective date of this Constitution,
the National
Assembly shall enact a reformed Organic Tax Code
establishing, among other matters:
(1) Strict interpretation of tax laws and rules, bearing
in mind their purpose and their economic significance, in
order to eliminate ambiguities.
(2) The elimination of exceptions to the principle of
nonretroactivity of the law.
(3) Expansion of the concept of imputed income, in order
to provide the Tax Administration with better instruments.
(4) Elimination of the statute of limitations for
serious tax offenses, which must be defined in the Organic
Tax Code.
(5) Increase penalties for advisors, law firms,
independent auditors and other professionals who act in
complicity for the purpose of committing tax offenses,
including periods of suspension from the practice of their
professions.
(6) Increase penalties and the severity of the sanctions
for tax evasion crimes increasing the periods for the
statute of limitations.
(7) Revision of mitigating and aggravating circumstances
considered in imposing penalties, in order to make them
stricter.
(8) Extend the audit powers of the Tax Administration.
(9) Increase the rate of default interest in order to
discourage tax evasion.
(10) Extension of the principle of solidarity to make it
possible to reach the assets of Directors or tax advisors in
cases they validate tax offenses.
(11) Introduction of more expeditious administrative
procedures.
Sixth:
Within two years, the National Assembly shall pass
legislation on all matter relating to this Constitution.
Priority shall be given to the Organic Laws on Native
People, on Education, and on Borders.
Seventh:
For purposes of article 125 of this Constitution, pending
approval of the pertinent organic law, the election of
native representatives to the National Assembly and the
State and Municipal Legislative Councils shall be governed
by the following nomination requirements and mechanisms:
All native organizations or communities shall have the right
to nominate native candidates.
It is a requirement for being a candidate to speak their
native language and meet at least one of the following
conditions:
(1) Have exercised position of traditional Authority in
the correspondent community.
(2) Have an established record in the social struggle
for recognition of the correspondent cultural identity.
(3) Have taken action benefiting native people and
communities.
(4) Must belong to a legally constituted native
organization that has been in existence for at least three
years.
Three regions are to be established: West, consisting of the
States of Zulia, Mérida and Trujillo; South, consisting of
the States of Amazonas and Apure; and East, consisting of
the States of Bolívar, Delta Amacuro, Monagas, Anzoátegui,
and Sucre.
Each of the states comprising the various regions shall
elect one representative. The national Electoral Council
shall declare elected the candidate who receives a majority
of the valid votes in his region or circumscription.
The native candidates shall appear on the ballot in their
State or circumscription, and all of the voters in such
State shall have the right to vote for them.
For purposes of native representation on the State
Legislative Council and on the Municipal Councils of
Municipalities with a native population, the 1992 official
census by the Central Statistics and Data Processing Office
shall be used as a reference, and the elections shall be
conducted in accordance with the rules and requirements
established herein.
The National Electoral Council shall guarantee compliance
with the requirements set forth herein, relying on support
from experts in native affairs and native organizations.
Eighth:
Pending promulgation of the new electoral laws contemplated
in this Constitution, electoral processes shall be called,
organized, directed and supervised by the National Electoral
Council. For the first term of office of the National
Electoral Council provided for under this Constitution, all
of the members shall be designated simultaneously. halfway
through the term, two of the members shall be replaced in.
accordance with the provisions of the pertinent organic law.
Ninth:
Pending enactment of the laws pertaining to chapter IV of
title V, the Organic Law on the Office of Public
Prosecutions and the Organic Law on the Office of the
General Comptroller of the Republic shall remain in effect.
The head of the People Defender's Office shall be designated
temporarily by the National Constituent Assembly. The
People Defender* shall move forward as regards
organizational structure, integration, establishing of
budget and physical infrastructure, based on the powers
vested in him by the Constitution.
Tenth:
The provisions of article 167, section 4 of this
Constitution concerning the obligation of the States to
apply at least 50% of the constitutional revenue share to
investment, shall be effective beginning January 1, 2001.
Eleventh:
Pending enactment of national legislation governing vacant
lands, the same shall continue to be administered by the
National Power, in accordance with existing legislation.
Twelfth:
The demarcation of the native habitat as referred to in
Article 119 of this Constitution, shall be carried out
within two years of the effective date of this Constitution.
Thirteenth:
Until the States assume under State law the powers referred
to under article 164, section 7 of this Constitution, the
existing system shall remain in effect.
Fourteenth:
Pending enactment of the legislation developing the
principles embodied in this Constitution concerning
municipal regime, the ordinances and other normative
instruments concerning municipalities shall remain in full
effect as to the matters within their competence and the
separate tax competence they possess under the legal order
applicable prior to adoption of this Constitution.
Fifteenth:
Pending passage of the legislation referred to in article
105 of the Constitution, the legal order applicable prior to
adoption of this Constitution shall remain in effect.
Sixteenth:In
order to protect the nation's historical heritage, the
Chronicler of the National Constituent Assembly shall
coordinate all necessary mechanisms to safeguard written
documents, videos, digital recordings, photographs,
periodicals, audio and any other forms of documentation
prepared. All these documents shall remain under the
protection of the General Archives of the Nation.
Seventeenth:Once
this Constitution has been approved, the name of the
Republic shall be "Bolivarian Republic of Venezuela," as
provided for under article 1. It is the obligation of
authorities and institutions, both public and private, which
are required to issue records, certificates or any other
documents, to use the name "Bolivarian Republic of
Venezuela" effective immediately. For routine matters,
administrative offices shall use up their existing
stationery, replacing the same progressively with conforming
documentation, but in any case completing such replacement
within five years. The circulation of coins minted and
banknotes issued with the name "Republic of Venezuela" shall
be regulated by the reform of the Venezuelan Central Bank
Law contemplated under the Fourth Temporary Provision of
this Constitution, with a view to make the transition to the
name "Bolivarian Republic of Venezuela."
Eighteenth:
In order to assure the application of article 113 of this
Constitution, the National Assembly shall pass a law
establishing an entity which shall supervise, control and
fiscalize the effective application of such principles and
the provision and rules developing them.
The person presiding or directing such entity shall be appointed
with the majority of the votes of the members of the
National Assembly, with the favorable report of special
commission designated from the bosom of the National
Assembly for such purposes. The law shall establish the
officer of the Public Administration and Judges in charge of
evaluating and deciding controversies related to the
subjects referred to under such arrangement, apply with
priority and exclusive the principles regulated thereof and
that they shall not apply any provision which may cause the
opposite effect.
The law shall regulate the concessions for public services,
the benefits for the concessionaire and the financing of
investments closely related to such public service,
including upgrades and enlargement considered reasonably and
approved by the competent authority.
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