Regulation of the Bases Law– Title II– State Reform

On August 5, 2024, Decree No. 695/2024 (the «Decree») was published in the Official Gazette, through which the regulation of Title II – State Reform – of the Bases Law No. 27,742 («Bases Law») was approved. Specifically, the Decree regulates the provisions related to administrative reorganization, the privatization of public companies, administrative procedures, and public employment.

Below is a summary of the most important aspects:

Administrative Reorganization

– The Ministry of Economy will propose to the National Executive Power (“PEN”) the modification, transformation, unification, dissolution or liquidation of public trust funds. The Ministry of Economy is authorized to issue the necessary complementary regulations for its implementation.

– Clauses that approve fiduciary management or declare the waiver of rights or actions of the National State regarding the trustee or third parties shall not be included.

Privatization

The Minister or Secretary of the Presidency of the Nation, under whose jurisdiction the company or corporation subject to privatization falls, must submit a detailed report to the PEN with a concrete proposal related to the most appropriate procedure and modality to carry out the privatization. This report must include: (i) whether the proposed privatization is total or partial and the its justification; (ii) the procedural alternatives deemed appropriate; (iii) the modalities of privatization; (iv) the procedure and estimated deadlines; and (v) the proposal for preferences and participatory ownership program.

-A copy of the report must be sent to the Bicameral Commission.

– Once the authorization is granted by the PEN, the Minister or Secretary will initiate the privatization process.

– The call for the submission of bids will be published in the Official Gazette for 7 days, and the last publication must take place at least 30 calendar days before the deadline for receiving bids.

– The call will be published on the website of the Governing Authority, and in the case of international selection procedures, it must also be published on at least one website that allows adequate access for potential foreign interested parties.

– The call must specify: (i) the name of the bidding body; (ii) whether the selection procedure is national or international; (iii) the object of the call; (iv) the location where the bidding documents can be consulted; and (v) the date and location for submitting bids.

– The impossibility to carry out the appraisal must be fully credited.

-Appraisal contracts may be awarded directly, following a background check and the requesting of fees from at least 3 potential candidates. If international organizations are contracted, they must prove recognized expertise in the field.

– The company in liquidation and the State Property Administration Agency shall prepare an inventory of assets and their valuation.

– The Governing Authority must involve the Office of the Treasury Attorney and the General Audit Office of the Nation.

– Once the privatization process is completed, the Governing Authority will send the relevant documentation to the National General Audit Office.

Administrative Procedure

– The administrative procedure may be initiated ex officio or at the request of any natural or legal person, public or private, who claims a legally protected right or interest. Adolescents shall have full capacity to intervene directly in the defense of their rights.

– The gratuity of administrative procedures is established, except for those that require the payment of a fee or sum of money as stipulated by the regulations.

– Any initial document or one that files an administrative remedy may be presented through: the Remote Procedures Platform (TAD for its acronym in Spanish); at the entry desk or reception of the competent body; or by mail.

– Requests to view electronic files will suspend the procedural deadlines, and the interested party must expressly request it.

– The deadline for filing a motion for reconsideration is extended from 10 to 20 business days, while the deadline for filing a hierarchical remedy is extended from 15 to 30 business days.

-The claim for compensation for damages due to the revocation, substitution, or suspension, for reasons of opportunity, merit, or convenience of an administrative act, may proceed, at the option of the interested party, either through administrative channels or directly in court.

Public Employment

– The Secretariat of State Transformation and Public Function of the Ministry of Deregulation and State Transformation is the governing body for public employment.

– Conditions for entry into the National Public Administration: passing a General Evaluation of knowledge and competencies, which will be designed and regulated by the Governing Authority, and will be anonymous. The Governing Authority will determine the minimum score required to pass the exam and the number of attempts allowed.

– Availability Regime: the Registry of Personnel in Availability Status is created for staff affected by restructuring or downsizing measures.

A registry of personnel in availability status will be kept, and availability periods will be established, ranging from 6 to 12 months depending on the employee’s seniority.

A registry of personnel in availability status will be maintained, and availability periods will be established, ranging from 6 to 12 months depending on the employee’s seniority.

– Before initiating any personnel selection process, jurisdictions and decentralized agencies must consult the Registry regarding the availability of personnel who meet the required profile for the available position.

– Personnel on availability status will receive, as availability compensation, a monthly amount equivalent to the remuneration assigned to their status in the administrative career.

– For the calculation of the indemnity provided, the remunerations received up to the moment of availability will be taken into account. This severance excludes any other that may be applicable.