Aprueban “Ley de mancomunidad regional”

307
1799

Esta aprobación refuerza iniciativa de mancomunidad de las provincias de Huaral, Huaura y Barranca, ejemplo de concertación a nivel regional y nacional.

La presente Ley tiene el objeto de establecer el marco legal de la mancomunidad regional, estableciendo un mecanismo de coordinación entre gobiernos regionales previsto en el artículo 190 de la Constitución Política del Perú, y desarrollar el ejercicio de las competencias constitucionales establecidas en el artículo 192 de la

Constitución Política del Perú y el artículo 9 de la Ley 27867, Ley

 

La mancomunidad regional es el acuerdo voluntario de dos o más gobiernos regionales que se unen para la prestación conjunta de servicios públicos, cofinanciamiento o inversión en la ejecución de obras, que promuevan la integración, el desarrollo regional y la participación de la sociedad, coadyuvando al proceso de regionalización.

Naturaleza jurídica

La mancomunidad regional es una persona jurídica de derecho público y constituye un pliego presupuestal. Las mancomunidades regionales no son nivel de gobierno.

Principios

Los gobiernos regionales mancomunados se rigen por los siguientes principios:

a. Integración. Promueve la conformación de regiones para la integración y articulación de dos o más departamentos en los aspectos económico, social, cultural o político.

b. Pluralismo. Asocia a cualquier gobierno regional de la República al margen de las convicciones políticas, religiosas o de otra índole de sus autoridades.

c. Concertación. Orienta la distribución concertada de responsabilidades de sus miembros, de otras instituciones y de las organizaciones representativas de la población.

d. Desarrollo regional. Impulsa el desarrollo interregional integral y sostenible en armonía con los planes de desarrollo concertado de los gobiernos regionales que la conforman.

e. Autonomía. Otorga la facultad para ejercer actos administrativos con respeto mutuo de las competencias regionales.

f. Equidad. Apoya la igualdad de oportunidades y el acceso a los benefi cios de la población de los departamentos y de los gobiernos regionales que la componen.

g. Efi ciencia. Promueve la optimización y adecuada utilización de recursos en función a los objetivos propuestos.

h. Solidaridad. Afronta los retos de la gestión regional en forma conjunta para obtener resultados satisfactorios.

i. Sostenibilidad. Se sustenta en la integración equilibrada y permanente de los gobiernos regionales para la satisfacción de las necesidades

de las actuales y futuras generaciones.

Artículo 5. Objetivos de la mancomunidad regional

Los gobiernos regionales se vinculan a través de las mancomunidades con cualquiera de los siguientes objetivos:

1. Promocionar, cofinanciar o ejecutar proyectos que, por su monto de inversión, magnitud de operación o capacidades, superen el ámbito jurisdiccional o las posibilidades particulares de cada gobierno regional.

2. Ejecutar acciones, convenios interinstitucionales y proyectos conjuntos entre los gobiernos regionales que comparten cuencas hidrográficas, corredores viales, turísticos, económicos y zonas ecológicas comunes, que involucren participación financiera, técnica y equipamiento.

3. Elaborar, promover e implementar proyectos ante entidades nacionales e internacionales, públicas o privadas, que faciliten o auspicien el desarrollo económico, productivo y sociocultural, gestionando la captación de recursos financieros, humanos y técnicos, en concordancia con las normas vigentes sobre la materia.

4. Procurar la mejora de los niveles de eficiencia y eficacia en la gestión de los gobiernos regionales dando cumplimiento a las normas de transparencia, rendición de cuentas y acceso a la información, propiciando la participación ciudadana, la modernización de la gestión, y los procesos de integración y desarrollo económico regional.

5. Desarrollar e implementar planes y experiencias conjuntas de desarrollo de capacidades, asistencia técnica e investigación tecnológica en convenio con universidades, instituciones superiores y otras entidades educativas públicas y privadas.

6. Gestionar y administrar entidades u organismos públicos de naturaleza interregional, dando cuenta anualmente a los gobiernos regionales que las componen.

Constitución de mancomunidades regionales

Para la constitución de una mancomunidad regional, se requiere lo siguiente:

1. La voluntad de constituir una mancomunidad regional expresada en la ordenanza regional de cada gobierno regional interviniente. La ordenanza regional debe ser aprobada en sesión ordinaria por el consejo regional respectivo y previamente debe estar sustentada con los informes técnicos que otorguen viabilidad a su creación y que se encuentren dentro de un proceso de planificación de mediano y largo plazo.

2. La publicación del acta de creación de la mancomunidad regional suscrita por los presidentes regionales de los gobiernos regionales integrantes es el acto constitutivo que otorga personería jurídica

de derecho público a la mancomunidad regional. El acta de la mancomunidad regional es publicada en el diario oficial El Peruano y difundida en los medios de comunicación masiva de las jurisdicciones que la conforman. La Presidencia del Consejo de Ministros lleva un registro de las mancomunidades creadas.

3. La mancomunidad regional se encuentra sujeta al Sistema Nacional de Control, al Sistema Nacional de Presupuesto y a los demás sistemas administrativos del Estado.

4. El estatuto de la mancomunidad regional establece su denominación, domicilio, alcance territorial, plazo de duración, objeto, competencia, funciones de los órganos directivos y de administración, recursos, obligaciones o compromisos de los gobiernos regionales, reglas para la adhesión o separación de los gobiernos regionales, procedimiento para la modificación del estatuto, mecanismos de resolución de controversias, causales de disolución, disposición de sus bienes en caso de disolución, regulación de las sesiones y demás condiciones necesarias para su funcionamiento.

5. Un gobierno regional puede integrar una o varias mancomunidades regionales. La mancomunidad regional obliga a los gobiernos regionales únicamente a lo establecido en sus estatutos.

Reglas de transparencia

Los gobiernos regionales que conforman una mancomunidad regional difunden en su correspondiente portal electrónico los acuerdos adoptados, el estatuto y el detalle de los servicios, obras o proyectos que son objeto de la mancomunidad regional. Cada gobierno regional asegura la difusión de la conformación y avances de las actividades de la mancomunidad regional.

Los presidentes regionales que conforman una o varias mancomunidades regionales están obligados a rendir cuenta anualmente a sus respectivos consejos regionales y consejos de coordinación regional, sobre todo lo relacionado con los proyectos, recursos utilizados y recursos comprometidos en la mancomunidad regional o mancomunidades regionales que integran. La rendición de cuentas se efectúa en audiencia pública durante los primeros quince días del mes de enero de cada año.

Planes de desarrollo concertados

Los objetivos propuestos por la mancomunidad regional consideran los planes de desarrollo concertado de los gobiernos regionales involucrados dentro de los planes y políticas nacionales.

Incentivos

La mancomunidad regional goza de los siguientes incentivos:

1. Los proyectos de inversión pública de alcance interregional, previa autorización expresa de los correspondientes consejos regionales, presentados por las mancomunidades regionales formalmente constituidas, tienen prioridad en su evaluación en el

marco de las disposiciones del Sistema Nacional de Inversión Pública (SNIP) y demás normas vigentes.

2. El Poder Ejecutivo asigna los gerentes públicos necesarios para el mejor cumplimiento de lo regulado por la presente Ley a solicitud de la mancomunidad regional.

3. El Poder Ejecutivo prioriza, dentro del plan nacional de capacitación y asistencia técnica en gestión pública, a los funcionarios y servidores de cada gobierno regional que conforman la mancomunidad regional.

4. Las universidades públicas de la circunscripción de los gobiernos regionales integrantes de la mancomunidad regional coadyuvan y asisten a resolver problemas técnico-científicos, desarrollan proyectos productivos y fortalecen las capacidades de los gobiernos regionales; los cuales son financiados por el ingreso que perciben por regalía minera y canon minero, de conformidad con las respectivas leyes sobre la materia.

5. El Poder Ejecutivo y las municipalidades provinciales o distritales, previo acuerdo del concejo municipal respectivo, pueden delegar la ejecución de cualquier obra pública a una mancomunidad regional.

6. La Agencia Peruana de Cooperación Internacional (APCI) prioriza las solicitudes de las mancomunidades regionales creadas, para la canalización, preparación y ejecución de planes, programas y proyectos de cooperación técnica internacional, previo cumplimiento de la normativa sobre la materia.

Artículo 10. Presupuestos

Para el cumplimiento de lo dispuesto en la presente Ley, los gobiernos regionales efectúan las transferencias fi nancieras o presupuestales a la mancomunidad regional mediante acuerdo de consejo regional y de conformidad con la legislación sobre la materia.

El Poder Ejecutivo efectúa las transferencias financieras o presupuestales a la mancomunidad regional. Todas las transferencias presupuestales deben efectuarse oportunamente y de conformidad con lo establecido por el ente rector del Sistema Nacional de Presupuesto.

Organización y estructura básica

La mancomunidad regional se organiza de la siguiente manera:

a. Asamblea de la Mancomunidad. Está conformada por tres representantes de los consejos regionales de los gobiernos regionales que integran la mancomunidad regional, con facultades normativa y fiscalizadora únicamente en materia de la mancomunidad regional.

Es presidida por el Consejero Delegado del Gobierno Regional donde se lleve a cabo la asamblea; el período es de un año.

b. Comité Ejecutivo Mancomunal. Está integrado por los presidentes regionales de los gobiernos regionales intervinientes; en ausencia de estos, por los vicepresidentes regionales. El Presidente del Comité Ejecutivo Mancomunal es elegido por un período de un año; es el titular del pliego presupuestal y el responsable de la mancomunidad regional. Los recursos presupuestales para el funcionamiento administrativo de la mancomunidad regional se fijan

anualmente.

DISPOSICIONES COMPLEMENTARIAS FINALES

PRIMERA. El Ministerio de Economía y Finanzas, en un lazo máximo de sesenta días posteriores a la publicación de a presente Ley, dicta las normas necesarias que permitan reasignar a los gobiernos regionales para comprometer sus recursos para la ejecución de los proyectos u obras acordados por las mancomunidades que conformen.

SEGUNDA. El Poder Ejecutivo, en un plazo máximo de sesenta días posteriores a la publicación de la presente Ley, dicta las normas reglamentarias para la mejor aplicación de la presente Ley.

Comuníquese al señor Presidente de la República para su promulgación.

CÉSAR ZUMAETA FLORES

Presidente del Congreso de la República

ALDA LAZO RÍOS DE HORNUNG

Segunda Vicepresidenta del Congreso

de la República

AL SEÑOR PRESIDENTE CONSTITUCIONAL

DE LA REPÚBLICA

NORMAS LEGALES El Peruano

447242 Lima, martes 26 de julio de 2011

POR TANTO:

Mando se publique y cumpla.

Dado en la Casa de Gobierno, en Lima, a los veinticinco

días del mes de julio del año dos mil once.

ALAN GARCÍA PÉREZ

Presidente Constitucional de la República

ROSARIO DEL PILAR FERNÁNDEZ FIGUEROA

Presidenta del Consejo de Ministros y

Ministra de Justicia

670401-1

 

 

 

 

 

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