Back TITLE IX
CONSTITUTIONAL REFORMS
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
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
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.
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.
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.