Decreto Supremo Nº 004-2019-JUS — Decreto Supremo que aprueba el Texto Único Ordenado de la Ley Nº 27444, Ley del Procedimiento Administrativo General (Supreme Decree No. 004-2019-JUS approving the Single Consolidated Text (TUO) of Law No. 27444, General Administrative Procedure Law)

English translation of the Spanish text from cdn.www.gob.pe (the Spanish text is the official one). Retrieved 2026-10-26.

Supreme Decree approving the Single Ordered Text of Law No. 27444 - Law of General Administrative Procedure SUPREME DECREE No. 004-2019-JUS (SPECIAL SEPARATA)

(*) : In accordance with the provisions of the Statement of Reasons of this supreme decree, the single ordered texts do not modify the value and force of the ordered norms, therefore, they do not create new norms. Therefore, the TUO of Law No. 27444 has the sole purpose of gathering and systematizing in a single comprehensive text the norms of the referred legal provision in order to give it the systematic coherence that may have been affected as a result of normative modifications, incorporations and repeals.

NOTE (*) In accordance with Article 28 of the Regulation approved by Article Second of Chief Resolution No. 002079-2022-JN/ONPE, published on 28 May 2022, in all matters not expressly provided for in the cited Regulation, the provisions contained in the Single Ordered Text of Law No. 27444, Law of General Administrative Procedure, approved by this Supreme Decree, shall apply supplementarily.

(*) In accordance with the , published on 08 August 2021, it is specified that, for the purposes of the administrative procedures under the responsibility of the APCI, to the deadline for the completion of notifications of administrative acts established in the Single Ordered Text (TUO) of Law No. 27444, Law of General Administrative Procedure approved by this Supreme Decree; the term of the distance term provided in the "General Table of Distance Terms for Notifications of the Peruvian Agency for International Cooperation - APCI" approved by the cited Executive Directive Resolution is added, as applicable.

Article 2 of Resolution No. 075-2021-APCI-DE (*) In accordance with the , published on , it is provided that until the entry into force of the Supervision Regulation established by the Third Complementary Final Provision, supervision actions shall be governed by the provisions contained in the Single Ordered Text of Law No. 27444, Law of General Administrative Procedure, approved by this Supreme Decree, in the Directive of Body No. 001-2015-VIVIENDA-VMCS/DGAA "Guidelines for the Supervision of Auditable Environmental Obligations of the General Directorate of Environmental Affairs" approved by Directive Resolution No. 149-2015-VIVIENDA-VMCS-DGAA and by the other applicable norms. The Regulation of Administrative Measures in environmental matters of the Ministry of Housing, Construction and Sanitation is from the entry into force of the Regulation of the Administrative Sanctioning Procedure in environmental matters of the Ministry of Housing, Construction and Sanitation, approved by Supreme Decree No. 018-2019-VIVIENDA.

Sole Complementary Transitory Provision of the Regulation approved by Article 1 of Supreme Decree No. 022-2019-VIVIENDA 30 July 2019 applicable validity CONCORDANCES : S.D. No. 164-2020-PCM (Supreme Decree approving the Standardized Administrative Procedure for Access to Public Information created or obtained by the entity, which is in its possession or under its control)

Agreement No. 009-2020-TCE (Full Chamber Agreement establishing provisions for the notification of the initiation of administrative sanctioning procedure)

S.D. No. 200-2020-PCM (Supreme Decree approving Standardized Administrative Procedures for Operating License and Provisional Operating License for Grocery Stores)

S.D. No. 019-2021-PCM (Supreme Decree approving standardized administrative procedures of the Education sector whose processing is within the competence of the Regional Governments)

S.D. No. 021-2021-PCM (Supreme Decree approving Standardized Administrative Procedures of the Labor and Employment Promotion Sector whose processing is within the competence of the Regional Governments)

S.D. No. 043-2021-PCM (Supreme Decree approving standardized administrative procedures and a service provided in exclusivity of Technical Inspections of Safety in Buildings whose processing is within the competence of the Local Governments)

S.D. No. 044-2021-PCM (Supreme Decree approving standardized administrative procedures in forestry and wildlife matters whose processing is within the competence of the Regional Governments)

S.D. No. 047-2021-PCM (Supreme Decree approving standardized administrative procedures and a service provided in exclusivity of the Transport and Communications Sector whose processing is within the competence of the regional governments)

Law No. 31170 (Law that provides for the implementation of digital parts tables and electronic notifications)

S.D. No. 185-2021-PCM (Supreme Decree creating the Public Sector Due Diligence Platform)

R. No. 00169-2022-CD/OSIPTEL (APPROVED AS A PRECEDENT OF MANDATORY OBSERVANCE REGARDING DOCUMENTS SUBMITTED AS NEW EVIDENCE EVALUATED IN A RECONSIDERATION APPEAL AND AS IT SHOULD BE ANALYZED BY THE HIERARCHICAL SUPERIOR IN AN APPEAL)

Law No. 31736 (Law regulating administrative notification by electronic mailbox)

Web Link: STATEMENT OF REASONS - PDF.

NOTE: This Statement of Reasons has not been published in the official gazette "El Peruano", it has been sent by the General Secretariat of the Ministry of Justice and Human Rights, by Memorandum No. 139-2019-JUS/SG, dated 11 February 2019.

THE PRESIDENT OF THE REPUBLIC CONSIDERING :

That, by Law No. 27444, Law of General Administrative Procedure, the common norms for the actions of the administrative function of the State are established and it regulates all administrative procedures developed in the entities, including special procedures;

That, through Legislative Decree No. 1272, Legislative Decree that modifies Law No. 27444, Law of General Administrative Procedure and repeals Law No. 29060, Law of Administrative Silence, some articles of the aforementioned legal provision are modified and incorporated;

That, through Supreme Decree No. 006-2017-JUS, the Single Ordered Text of the Law of General Administrative Procedure was approved;

That, subsequently, through Legislative Decree No. 1452, Legislative Decree that modifies Law No. 27444, Law of General Administrative Procedure; some numerals and articles of Law No. 27444, Law of General Administrative Procedure, are modified and incorporated;

That, in accordance with the First Final Complementary Provision of Legislative Decree No. 1452, entities of the Executive Branch are empowered to compile in the respective Single Ordered Text the modifications made to legal or regulatory provisions of general scope corresponding to the sector to which they belong, for the purpose of compiling all regulations into a single text; and its approval occurs through a supreme decree of the corresponding sector, and must have the prior favorable opinion of the Ministry of Justice and Human Rights;

That, the Third Final Complementary Provision of Legislative Decree No. 1452, provided that the Ministry of Justice and Human Rights, within a period no greater than 60 (sixty) business days from publication, incorporate the modifications contained in the norm into the Single Ordered Text of the Law of General Administrative Procedure, approved by Supreme Decree No. 006-2017-JUS;

In accordance with the provisions of subsection 8) of article 118 of the Political Constitution of Peru; in Law No. 29158, Organic Law of the Executive Branch and in Legislative Decree No. 1452, Legislative Decree that modifies Law No. 27444, Law of General Administrative Procedure.

DECREES:

Article 1.- Approval of the Single Ordered Text of Law No. 27444, Law of General Administrative Procedure.

Approve the Single Ordered Text of Law No. 27444, Law of General Administrative Procedure, which consists of five (5) titles, nineteen chapters (19), two hundred sixty-five (265) articles, ten (10)

Final Complementary Provisions, thirteen (13) Transitory Complementary Provisions; and, three (3)

Repealing Complementary Provisions.

Article 2.- Repeal Repeal, as of the effective date of this norm, the Single Ordered Text of Law No. 27444, Law of General Administrative Procedure, approved by Supreme Decree No. 006-2017-JUS.

Article 3.- Publication.

Order the publication of this Supreme Decree in the official newspaper El Peruano, on the Institutional Portal of the Peruvian State (www.peru.gob.pe) and on the Institutional Portal of the Ministry of Justice and Human Rights (www.minjus.gob.pe), on the same day of the publication of this norm.

Article 4.- Countersignature.

This Supreme Decree is countersigned by the Minister of Justice and Human Rights.

Given at the Government House, in Lima, on the twenty-second day of the month of January of the year two thousand nineteen.

MARTÍN ALBERTO VIZCARRA CORNEJO President of the Republic VICENTE ANTONIO ZEBALLOS SALINAS Minister of Justice and Human Rights SINGLE ORDERED TEXT OF THE LAW OF GENERAL ADMINISTRATIVE PROCEDURE

PRELIMINARY TITLE

Article I. Scope of application of the law This Law shall apply to all entities of the Public Administration.

For the purposes of this Law, "entity" or "entities" of the Public Administration shall be understood as:

1. The Executive Branch, including Ministries and Public Bodies;

2. The Legislative Branch;

3. The Judicial Branch;

4. The Regional Governments;

5. The Local Governments;

6. The Bodies to which the Political Constitution of Peru and the laws confer autonomy.

7. The other entities, bodies, special projects, and state programs, whose activities are carried out by virtue of administrative powers and, therefore, are considered subject to the common norms of public law, unless expressly mandated by law that refers them to another regime; and,

8. Legal persons under the private regime that provide public services or exercise administrative function, by virtue of concession, delegation or authorization of the State, in accordance with the regulations on the matter.

The procedures processed by the legal persons mentioned in the preceding paragraph are governed by the provisions of this Law, to the extent applicable according to their private nature.

(Text modified according to article 2 of Legislative Decree No. 1272)

Article II.- Content

1. This Law contains common norms for the actions of the administrative function of the State and regulates all administrative procedures developed in the entities, including special procedures.

2. The laws that create and regulate special procedures may not impose conditions less favorable to the administered than those provided in this Law.

3. The administrative authorities, when regulating special procedures, shall comply with following the administrative principles, as well as the rights and duties of the subjects of the procedure, established in this Law.

(Text modified according to article 2 of Legislative Decree No. 1272)

Article III.- Purpose The purpose of this Law is to establish the applicable legal regime so that the action of the Public Administration serves the protection of the general interest, guaranteeing the rights and interests of the administered and subject to the constitutional and legal order in general.

(Text according to article III of Law No. 27444)

Article IV. Principles of administrative procedure

1. The administrative procedure is fundamentally based on the following principles, without prejudice to the validity of other general principles of Administrative Law:

1.1. Principle of legality.- Administrative authorities must act with respect for the Constitution, the law and the right, within the powers attributed to them and in accordance with the purposes for which they were conferred.

1.2. Principle of due procedure.- Administrated parties enjoy the rights and guarantees implicit in due administrative procedure. Such rights and guarantees comprise, by way of enumeration but not limitation, the rights to be notified; to access the file; to refute the charges imputed; to present arguments and to submit complementary allegations; to offer and to produce evidence; to request the use of the word, when appropriate; to obtain a reasoned decision, founded in law, issued by competent authority, and within a reasonable period; and, to challenge the decisions that affect them.

The institution of due administrative procedure is governed by the principles of Administrative Law.

The regulation proper to Procedural Law is applicable only insofar as it is compatible with the administrative regime.

1.3. Principle of ex officio impetus.- Authorities must direct and drive the procedure ex officio and order the realization or practice of the acts that result convenient for the clarification and resolution of the necessary questions.

1.4. Principle of reasonableness.- The decisions of the administrative authority, when they create obligations, qualify infractions, impose sanctions, or establish restrictions on administrated parties, must adapt within the limits of the attributed power and maintaining due proportion between the means to be employed and the public ends that must be protected, in order that they respond to what is strictly necessary for the satisfaction of their mandate.

1.5. Principle of impartiality.- Administrative authorities act without any kind of discrimination among administrated parties, granting them equal treatment and protection before the procedure, resolving in accordance with the legal order and with attention to the general interest.

1.6. Principle of informality.- The norms of procedure must be interpreted in a manner favorable to the admission and final decision of the claims of administrated parties, so that their rights and interests are not affected by the requirement of formal aspects that can be remedied within the procedure, provided that such excuse does not affect the rights of third parties or the public interest.

1.7. Principle of presumption of veracity.- In the processing of the administrative procedure, it is presumed that the documents and declarations made by administrated parties in the form prescribed by this Law respond to the truth of the facts that they affirm. This presumption admits proof to the contrary.

1.8. Principle of procedural good faith.- The administrative authority, the administrated parties, their representatives or attorneys and, in general, all the participants of the procedure, perform their respective procedural acts guided by mutual respect, collaboration and good faith. The administrative authority cannot act against its own acts, except in the cases of ex officio review contemplated in this Law.

No regulation of the administrative procedure can be interpreted in such a way that it protects any conduct against procedural good faith.

1.9. Principle of celerity.- Those who participate in the procedure must adjust their action in such a way that the procedure is endowed with the maximum possible dynamism, avoiding procedural actions that hinder its development or constitute mere formalisms, in order to reach a decision in reasonable time, without this relieving the authorities of respect for due procedure or violating the legal order.

1.10. Principle of effectiveness.- The subjects of the administrative procedure must make prevail the fulfillment of the purpose of the procedural act, over those formalisms whose realization does not affect its validity, do not determine important aspects in the final decision, do not diminish the guarantees of the procedure, nor cause defenselessness to the administrated parties.

In all cases of application of this principle, the purpose of the act that is privileged over non-essential formalities must adjust to the applicable normative framework and its validity will be a guarantee of the public purpose that is sought to be satisfied with the application of this principle.

1.11. Principle of material truth.- In the procedure, the competent administrative authority must fully verify the facts that serve as motive for its decisions, for which it must adopt all the evidentiary measures necessary authorized by law, even when they have not been proposed by the administrated parties or they have agreed to exempt themselves from them.

In the case of trilateral procedures the administrative authority will be empowered to verify by all available means the truth of the facts proposed to it by the parties, without this meaning a substitution of the evidentiary duty that corresponds to them. However, the administrative authority will be obliged to exercise such power when its pronouncement could also involve the public interest.

CONCORDANCES : R. de Sala Plena Nº 001-2023-SUNAFIL/TFL (The criteria set forth in fundamentals 6.19, 6.20, 6.21 and 6.22 of this resolution, referring to the principle of lawfulness in the administrative sanctioning procedure, are established as administrative precedents of mandatory observance)

1.12. Principle of participation.- Entities must provide the necessary conditions for all administered parties to access the information they administer, without expression of cause, except for those that affect personal privacy, those linked to national security, or those expressly excluded by law; and extend the possibilities of participation of the administered parties and their representatives in those public decisions that may affect them, through any system that allows dissemination, the information access service, and the presentation of opinion.

1.13. Principle of simplicity.- The procedures established by the administrative authority must be simple, and all unnecessary complexity must be eliminated; that is, the requirements demanded must be rational and proportional to the purposes pursued.

1.14. Principle of uniformity.- The administrative authority must establish similar requirements for similar procedures, guaranteeing that exceptions to the general principles will not be converted into the general rule. Any differentiation must be based on objective criteria duly supported.

1.15. Principle of predictability or legitimate confidence.- The administrative authority provides the administered parties or their representatives with truthful, complete, and reliable information about each procedure under its charge, in such a way that, at all times, the administered party can have a certain understanding of the requirements, procedures, estimated duration, and possible results that could be obtained.

The actions of the administrative authority are congruent with the legitimate expectations of the administered parties reasonably generated by practice and administrative precedents, unless for reasons that are explicitly stated, in writing, it decides to depart from them.

The administrative authority submits to the current legal order and cannot act arbitrarily.

In this sense, the administrative authority cannot unreasonably and without motivation vary the interpretation of the applicable norms.

1.16. Principle of privilege of subsequent controls.- The processing of administrative procedures shall be based on the application of subsequent inspection; the administrative authority reserving the right to verify the truthfulness of the information presented, compliance with substantive regulations, and to apply the pertinent sanctions in case the information presented is not truthful.

1.17. Principle of the legitimate exercise of power.- The administrative authority exercises solely and exclusively the competencies attributed for the purpose provided in the norms that grant it faculties or powers, especially avoiding abuse of power, whether for objectives different from those established in the general provisions or against the general interest.

1.18. Principle of responsibility.- The administrative authority is obligated to respond for damages caused to the administered parties as a consequence of the malfunctioning of administrative activity, in accordance with the provisions of this law. The entities and their officials or servants assume the consequences of their actions in accordance with the legal order.

1.19. Principle of permanent access.- The administrative authority is obligated to provide information to the administered parties who are parties in an administrative procedure processed before them, so that at any moment of said procedure they can know its processing status and access and obtain copies of the documents contained in said procedure, without prejudice to the right of access to information exercised in accordance with the relevant law.

2. The principles indicated shall also serve as interpretive criteria to resolve questions that may arise in the application of procedural rules, as parameters for the generation of other administrative provisions of a general nature, and to fill gaps in the administrative order.

The list of principles previously stated is not exhaustive.

(Text modified according to article 2 of Legislative Decree No. 1272)

Article V.- Sources of administrative procedure

1. The administrative legal order integrates an organic system that has autonomy with respect to

other branches of Law.

2. The sources of administrative procedure are:

2.1. Constitutional provisions.

2.2. International treaties and conventions incorporated into the National Legal Order.

2.3. Laws and provisions of equivalent hierarchy.

2.4. Supreme Decrees and other regulatory norms of other powers of the State.

2.5. Other regulations of the Executive Power, the statutes and regulations of the entities, as well as those of institutional scope or originating from the administrative systems.

2.6. Other norms subordinate to the previous regulations.

2.7. Jurisprudence from jurisdictional authorities that interpret administrative provisions.

2.8. Resolutions issued by the Administration through its tribunals or councils governed by special laws, establishing interpretive criteria of general scope and duly published. These decisions generate administrative precedent, exhaust the administrative route, and cannot be annulled in that venue.

2.9. Binding pronouncements of those entities expressly empowered to answer queries on the interpretation of administrative norms that they apply in their work, duly disseminated.

2.10. General principles of administrative law.

3. The sources indicated in numerals 2.7, 2.8, 2.9, and 2.10 serve to interpret and delimit the field of application of the positive order to which they refer.

(Text according to article V of Law No. 27444)

Article VI.- Administrative precedents

1. Administrative acts that, in resolving particular cases, expressly and with general effect interpret the meaning of the legislation, shall constitute administrative precedents of mandatory observance by the entity, as long as such interpretation is not modified. Such acts shall be published in accordance with the rules established in this norm.

2. The interpretive criteria established by the entities may be modified if the previous interpretation is considered incorrect or contrary to the general interest. The new interpretation may not be applied to prior situations, unless it is more favorable to the administered.

3. In any case, the mere modification of the criteria does not empower the ex officio review at the administrative level of final acts.

(Text according to article VI of Law No. 27444)

Article VII.- Function of general provisions

1. Higher authorities may direct or guide with general character the activity of their subordinates through circulars, instructions and other similar instruments, which, however, cannot create new obligations for the administered.

2. Such provisions must be sufficiently disseminated, placed in a visible place of the entity if their scope is merely institutional, or published if they are of an external nature.

3. The administered may invoke these provisions in their favor, insofar as they establish obligations for administrative bodies in their relationship with the administered.

(Text according to article VII of Law No. 27444)

Article VIII.- Deficiency of sources

1. Administrative authorities may not fail to resolve the questions proposed to them due to deficiency of their sources; in such cases, they shall resort to the principles of the administrative procedure provided in this Law; in their absence, to other supplementary sources of administrative law, and only subsidiarily to these, to the norms of other legal systems that are compatible with their nature and purpose.

2. When the deficiency of the regulations makes it advisable, in addition to the resolution of the case, the authority shall prepare and propose to the competent body the issuance of the norm that generally overcomes this situation, in the same sense as the resolution given to the matter submitted to its knowledge.

(Text according to article VIII of Law No. 27444)

TITLE I On the legal regime of administrative acts

CHAPTER I On administrative acts

Article 1.- Concept of administrative act 1.1 Administrative acts are the declarations of the entities that, within the framework of public law norms, are intended to produce legal effects on the interests, obligations or rights of the administered within a concrete situation.

1.2 They are not administrative acts:

1.2.1 The acts of internal administration of the entities intended to organize or make function their own activities or services. These acts are regulated by each entity, subject to the provisions of the Preliminary Title of this Law, and of those norms that expressly so establish.

1.2.2 The behaviors and material activities of the entities.

(Text according to article 1 of Law No. 27444)

Article 2.- Modalities of the administrative act 2.1 When a law authorizes it, the authority, by express decision, may subject the administrative act to condition, term or mode, provided that such elements incorporable to the act are compatible with the legal system, or when it is a matter of ensuring with them the fulfillment of the purpose

public pursued by the act.

2.2 An accessory modality cannot be applied against the purpose pursued by the administrative act.

(Text according to article 2 of Law No. 27444)

Article 3.- Validity requirements of administrative acts The validity requirements of administrative acts are:

1. Competence.- To be issued by the body empowered by reason of matter, territory, grade, time or amount, through the authority regularly nominated at the time of issuance and in the case of collegiate bodies, complying with the requirements of session, quorum and deliberation indispensable for its issuance.

2. Object or content.- Administrative acts must express their respective object, in such a way that their legal effects can be unequivocally determined. Their content shall conform to the provisions of the legal system, must be lawful, precise, physically and legally possible, and include the issues arising from the motivation.

3. Public Purpose.- To conform to the public interest purposes assumed by the norms that grant the powers to the issuing body, without it being possible to enable it to pursue through the act, even covertly, any purpose that is personal to the authority itself, in favor of a third party, or another public purpose different from that provided in the law. The absence of norms indicating the purposes of a power does not generate discretion.

4. Motivation.- The administrative act must be duly motivated in proportion to the content and in accordance with the legal system.

5. Regular procedure.- Before its issuance, the act must be conformed through compliance with the administrative procedure provided for its generation.

(Text according to article 3 of Law No. 27444)

Article 4.- Form of administrative acts 4.1 Administrative acts shall be expressed in writing, unless by the nature and circumstances of the case, the legal system has provided another form, provided that it allows having record of its existence.

4.2 The written act indicates the date and place where it is issued, denomination of the body from which it emanates, name and signature of the intervening authority.

4.3 When the administrative act is produced by automated systems, the administered must be guaranteed to know the name and position of the authority that issues it.

4.4 When several administrative acts of the same nature must be issued, a mechanical signature may be used or they may be integrated into a single document under the same motivation, provided that the administered parties on whom the effects of the act fall are individualized. For all subsequent effects, the administrative acts shall be considered as different acts.

(Text according to article 4 of Law No. 27444)

Article 5.- Object or content of the administrative act

5.1 The object or content of the administrative act is that which the authority decides, declares or certifies.

5.2 In no case shall an object or content prohibited by the regulatory order be admissible, nor incompatible with the factual situation provided for in the norms; nor imprecise, obscure or impossible to carry out.

5.3 It may not contravene in the specific case constitutional or legal provisions, or final judicial mandates; nor may it infringe general administrative norms issued by an authority of equal, lower or higher hierarchy, or even by the same authority that issues the act.

5.4 The content must cover all questions of fact and law raised by the administered parties, and may involve others not proposed by them that have been considered ex officio, provided that the administrative authority grants them a period of no less than five (5) days to present their position and, where appropriate, submit the evidence they consider pertinent.

(Text modified according to article 2 of Legislative Decree No. 1272)

Article 6.- Motivation of the administrative act 6.1 The motivation must be express, through a concrete and direct relation of the relevant proven facts of the specific case, and the exposition of the legal and regulatory reasons that, with direct reference to the foregoing, justify the adopted act.

6.2 It may be motivated by means of a declaration of conformity with the grounds and conclusions of previous opinions, decisions or reports in the file, provided that they are accurately identified, and that by this situation they constitute an integral part of the respective act. The reports, opinions or similar documents that serve as the basis for the decision must be notified to the administered party together with the administrative act.

6.3 Not admissible as motivation are the exposition of general formulas or formulas empty of grounds for the specific case or those formulas that due to their obscurity, vagueness, contradiction or insufficiency are not specifically clarifying for the motivation of the act.

The fact that the hierarchical superior of the authority that issued the act being challenged has a different appreciation regarding the assessment of the evidence or the application or interpretation of the law contained in said act does not constitute a cause for nullity. Such different appreciation must lead to granting partially or totally the appeal filed against the challenged act.

6.4 The following acts do not require motivation:

6.4.1 Decisions of mere procedure that drive the procedure.

6.4.2 When the authority considers the request of the administered party appropriate and the administrative act does not harm the rights of third parties.

6.4.3 When the authority produces a large quantity of substantially equal administrative acts, a single motivation being sufficient.

(Text modified according to article 2 of Legislative Decree No. 1272)

Article 7.- Regime of acts of internal administration 7.1 Acts of internal administration are oriented to the effectiveness and efficiency of services and to the permanent purposes of the entities. They are issued by the competent organ, their object must be physically and

legally possible, their motivation is optional when the hierarchical superiors give orders to their subordinates in the legally provided form.

The regime of anticipated effectiveness of administrative acts provided for in article 17 is susceptible of being applied to acts of internal administration, provided that norms of public order are not violated nor third parties are affected.

7.2 Internal decisions of mere procedure may be given verbally by the competent organ, in which case the inferior organ that receives them shall document them in writing and communicate them immediately, indicating the authority from whom it proceeds by means of the formula, "By order of ..." (Text modified according to article 2 of Legislative Decree No. 1272)

CHAPTER II Nullity of administrative acts

Article 8.- Validity of the administrative act The administrative act issued in accordance with the legal order is valid.

(Text according to article 8 of Law No. 27444)

Article 9.- Presumption of validity Every administrative act is considered valid as long as its alleged nullity is not declared by administrative or jurisdictional authority, as appropriate.

(Text according to article 9 of Law No. 27444)

Article 10.- Causes of nullity The following are defects of the administrative act that cause its nullity of full right:

1. The contravention of the Constitution, the laws or the regulatory norms.

2. The defect or omission of any of its validity requirements, unless one of the assumptions of conservation of the act referred to in article 14 is present.

3. Express acts or those resulting as a consequence of automatic approval or positive administrative silence, by which faculties or rights are acquired, when they are contrary to the legal order, or when the essential requirements, documentation or procedures for their acquisition are not met.

4. Administrative acts that constitute a criminal offense, or that are issued as a consequence thereof.

(Text according to article 10 of Law No. 27444)

Article 11.- Competent instance to declare nullity 11.1 The administered parties raise the nullity of the administrative acts that concern them through the administrative appeals provided for in Title III Chapter II of this Law.

11.2 The ex officio nullity shall be known and declared by the superior authority of the one who issued the act. If it were an act issued by an authority that is not subject to hierarchical subordination, the nullity shall be declared by resolution of the same authority.

The nullity raised by means of a reconsideration or appeal recourse shall be known and declared by the authority competent to resolve it.

11.3 The resolution that declares the nullity also provides what is convenient to make effective the responsibility of the issuer of the invalid act, in cases where manifest illegality is noticed, when it is known by the hierarchical superior.

(Text modified according to article 2 of Legislative Decree No. 1272)

Article 12.- Effects of the declaration of nullity 12.1 The declaration of nullity shall have declarative and retroactive effect to the date of the act, except for rights acquired in good faith by third parties, in which case it shall operate for the future.

12.2 With respect to the act declared null, the administered are not obligated to comply with it and public servants must oppose the execution of the act, stating and motivating their refusal.

12.3 In the event that the vitiated act had been consummated, or it is impossible to retroact its effects, it shall only give rise to the responsibility of the one who issued the act and, where appropriate, to compensation for the affected party.

(Text according to article 12 of Law No. 27444)

Article 13.- Scope of nullity 13.1 The nullity of an act only implies that of the successive ones in the procedure, when they are linked to it.

13.2 The partial nullity of the administrative act does not reach the other parts of the act that are independent of the null part, unless it is its consequence, nor does it prevent the production of effects for which the act may nevertheless be suitable, unless legal provision to the contrary.

13.3 Whoever declares the nullity shall order the conservation of those actions or procedures whose content would have remained the same had the defect not been incurred.

(Text according to article 13 of Law No. 27444)

Article 14.- Conservation of the act 14.1 When the defect of the administrative act due to non-compliance with its elements of validity is not transcendental, the conservation of the act prevails, proceeding to its amendment by the issuing authority itself.

14.2 The following are administrative acts affected by non-transcendental defects:

14.2.1 The act whose content is imprecise or incongruent with the issues arising in the motivation.

14.2.2 The act issued with insufficient or partial motivation.

14.2.3 The act issued in infringement of the non-essential formalities of the procedure, considering as such those whose correct performance would not have prevented or changed the sense of the final decision

in important aspects, or whose non-compliance would not affect the due process of the administered.

14.2.4 When it is undoubtedly concluded in any other way that the administrative act would have had the same content, had the defect not occurred.

14.2.5 Those issued with omission of non-essential documentation.

14.3 Notwithstanding the conservation of the act, the administrative responsibility of the one who issues the vitiated act subsists, unless the amendment occurs without request of a party and before its execution.

(Text according to article 14 of Law No. 27444)

Article 15.- Independence of the defects of the administrative act The defects incurred in the execution of an administrative act, or in its notification to the administered, are independent of its validity.

(Text according to article 15 of Law No. 27444)

CHAPTER III Effectiveness of administrative acts

Article 16.- Effectiveness of the administrative act 16.1 The administrative act is effective from the moment the legally performed notification produces its effects, in accordance with the provisions of this chapter.

16.2 The administrative act that grants a benefit to the administered is understood to be effective from the date of its issuance, unless different provision of the same act.

(Text according to article 16 of Law No. 27444)

Article 17.- Anticipated effectiveness of the administrative act 17.1 The authority may provide in the same administrative act that it has anticipated effectiveness to its issuance, only if it is more favorable to the administered, and provided that it does not harm fundamental rights or legally protected good faith interests of third parties and that the justifying factual assumption for its adoption existed on the date to which the effectiveness of the act is intended to be retroacted.

17.2 The declaration of nullity and the acts issued in amendment also have anticipated effectiveness.

(Text according to article 17 of Law No. 27444)

Article 18.- Obligation to notify 18.1 The notification of the act is carried out ex officio and its due processing is the competence of the entity that issued it. The notification must be made on a business day and hour, unless different special regulation or continued nature of the activity.

18.2 Personal notification may be made through the entity itself, by courier services specially contracted for the purpose and in the case of remote areas, it may be arranged to be carried out through the political authorities of the local scope of the administered.

(Text modified according to article 2 of Legislative Decree No. 1272)

Article 19.- Waiver of notification 19.1 The authority is exempted from formally notifying the administered any act that has been issued in their presence, provided that there is a record of this procedural action where the attendance of the administered is recorded.

19.2 It is also exempted from notifying if the administered becomes aware of the respective act through direct and spontaneous access to the file, obtaining a copy, leaving record of this situation in the file.

(Text according to article 19 of Law No. 27444)

Article 20. Modalities of notification 20.1 Notifications are made through the following modalities, according to this respective order of precedence:

20.1.1 Personal notification to the interested or affected party by the act, at their domicile.

20.1.2 By telegram, certified mail, telefax; or any other means that allows reliable verification of its acknowledgment of receipt and who receives it, provided that the use of any of these means had been expressly requested by the party.

20.1.3 By publication in the Official Gazette or in one of the newspapers with the largest circulation in the national territory, unless otherwise provided by law. Additionally, the competent authority shall order the publication of the act on the respective Institutional Portal, if the entity has this mechanism.

(Text according to numeral 20.1 of article 20 of Law No. 27444, modified according to article 2 of Legislative Decree No. 1452)

20.2 The authority may not substitute one modality for another nor modify the order of precedence established in the preceding numeral, under penalty of nullity of the notification. It may additionally resort to those or others, if it deems it convenient to improve the possibilities of participation of the parties.

20.3 Equal treatment to that provided in this chapter corresponds to summonses, notices, requests for documents or other analogous administrative acts.

20.4. The interested or affected party by the act who has provided in their writing any electronic address that appears in the file may be notified through that means provided they have given their express authorization for it. For this case, the order of precedence provided in numeral 20.1 does not apply.

The notification addressed to the email address indicated by the party is understood to be validly made when the entity receives the acknowledgment of receipt from the electronic address indicated by the party or this is generated automatically by a technological platform or computer system that guarantees that the notification has been made. The notification takes effect on the day it is recorded as received, as provided in numeral 2 of article 25.

In the event that automatic acknowledgment of receipt is not received within a maximum period of two (2) business days counted from the day following the notification act via email, proceed to

of article 24.

For notification by email, the administrative authority, if it considers it pertinent, may use digital signatures and certificates in accordance with the provisions of the relevant law.

The entity that has technological availability may assign to the party an electronic mailbox managed by it, for the notification of administrative acts, as well as actions issued in the framework of any administrative activity, provided it has the express consent of the party.

By supreme decree of the sector, with prior favorable opinion of the Presidency of the Council of Ministers and the Ministry of Justice and Human Rights, it may approve the mandatory nature of notification via electronic mailbox.

In that case, the notification is understood to be validly made when the entity deposits it in the electronic mailbox assigned to the party, taking effect on the day it is recorded as received, in accordance with the provisions of numeral 2 of article 25.

Likewise, the implementation of the single electronic mailbox for communications and notifications from State entities addressed to parties is established. By Supreme Decree endorsed by the Presidency of the Council of Ministers, the criteria, conditions, mechanisms and deadlines for the gradual implementation in public entities of the single electronic mailbox are approved.

"The express consent referred to in the fifth paragraph of numeral 20.4 of this Law may be granted electronically."(*)

(Text according to numeral 20.4 of article 20 of Law No. 27444, modified according to article 2 of Legislative Decree No. 1452)

(*) In accordance with the , published on 10 May 2020 a last paragraph in article 20 of Law No. 27444, Law of General Administrative Procedure.

Article 3 of Legislative Decree No. 1497, is incorporated (*) In accordance with the , published on 02 April 2023, as long as electronic notification is enabled in the SNE for non-domiciled persons, notification may be made to the email address indicated in the Registry, as provided in this numeral. The cited norm entered into force sixty (60) calendar days counted from the publication in the Official Gazette "El Peruano" of the General Management Resolution that approves the implementation of the module of the Registry of Pre-qualification of Supervising Companies of SICOES, except for the provisions related to the cited Registry, which enter into force from the day following the publication of the mentioned General Management Resolution.

Third Complementary Transitory Provision of the Directive for the Selection and Contracting of Supervising Companies approved by Article 1 of OSINERGMIN Resolution No. 055-2023-OS/CD force

Article 21.- Regime of personal notification 21.1 Personal notification shall be made at the domicile that appears in the file, or at the last domicile that the person to be notified has indicated before the administrative body in another analogous procedure in the same entity within the last year.

21.2 In the event that the party has not indicated a domicile, or that it is non-existent, the authority must use the domicile indicated in the National Identity Document of the party. Upon verifying that the notification cannot be made at the domicile indicated in the National Identity Document by

If any of the circumstances described in numeral 23.1.2 of article 23 arise, notification must be made by publication.

21.3 In the act of personal notification, a copy of the notified act must be delivered and the date and time on which it is made must be stated, obtaining the name and signature of the person with whom the proceeding is understood. If the latter refuses to sign or receive a copy of the notified act, this shall be recorded in the minutes, and the person shall be deemed duly notified. In this case, the notification shall record the characteristics of the place where notification has been made.

21.4 Personal notification shall be understood to be made with the person who must be notified or their legal representative, but if either of the two is not present at the time of delivering the notification, it may be understood with the person found at said domicile, recording their name, identity document and their relationship with the administered party.

21.5 In the event that the administered party or another person is not found at the domicile indicated in the procedure, the notifier must record this in the minutes and place a notice at said domicile indicating the new date on which the next notification will be made effective. If the notification also cannot be delivered directly on the new date, a record shall be left under the door together with the notification, copies of which shall be incorporated into the file.

(Text according to article 21 of Law No. 27444)

Article 22.- Notification to multiple interested parties 22.1 When there are several addressees, the act shall be personally notified to all, unless they act jointly under the same representation or if they have designated a common domicile for notifications, in which case these shall be made at said single address.

22.2 If more than ten persons who have filed a single application with a common right must be notified, notification shall be made with the person heading the initial document, indicating that they transmit the decision to their co-interested parties.

(Text according to article 22 of Law No. 27444)

Article 23.- Regime for publication of administrative acts 23.1 Publication shall proceed in the following order:

23.1.1 As the main route, in the case of provisions of general scope or those administrative acts that concern an indeterminate number of administered parties who have not appeared in the procedure and have no known domicile.

23.1.2 As a subsidiary route to other modalities, in the case of administrative acts of a particular nature when the law so requires, or the authority is faced with any of the following circumstances evident and attributable to the administered party:

• When another preferential modality of notification proves impracticable because the domicile of the administered party is unknown, despite the inquiry made.

• When any other modality has been carried out unsuccessfully, whether because the person to be notified has disappeared, the domicile provided by the administered party is incorrect, or they are abroad without having left a legal representative, despite the request made through the respective Consulate.

23.2 The publication of an act must contain the same elements provided for notification indicated in this chapter; but in the case of publishing several acts with common elements, they may be processed jointly with the coinciding aspects, specifying only what is individual to each act.

(Text according to article 23 of Law No. 27444)

23.3. Exceptionally, publication of an act may be made provided that it contains the elements identifying the administrative act and the summary of the operative part and that it is directed to the Institutional Portal of the authority where the administrative act is published in full, taking effect within a period of 5 days counted from the publication. Likewise, the public administration, if requested by the administered party to whom the act is addressed, is obliged to deliver a copy of said administrative act. The first copy of the administrative act is free of charge and must be issued and delivered on the same day it is requested, and for duly justified exceptional reasons, on the following business day. By Supreme Decree of the Ministry of Justice and Human Rights, the guidelines for the publication of this type of act are established.

(Numeral incorporated according to article 3 of Legislative Decree No. 1452)

Article 24.- Deadline and content for making the notification 24.1 Every notification must be made no later than within the period of five (5) days, from the issuance of the act being notified, and must contain:

24.1.1 The full text of the administrative act, including its reasoning.

24.1.2 The identification of the procedure within which it has been issued.

24.1.3 The authority and institution from which the act originates and its address.

24.1.4 The effective date of the notified act, and the mention of whether it exhausts the administrative route.

24.1.5 When it is a publication addressed to third parties, any other information that may be important to protect their interests and rights shall also be added.

24.1.6 The expression of the remedies that are available, the body before which the appeals must be filed(*)SPIJ NOTE and the deadline for filing them.

24.2 If, based on erroneous information contained in the notification, the administered party carries out any procedural act that is rejected by the entity, the time elapsed shall not be taken into account to determine the expiration of the corresponding deadlines.

(Text according to article 24 of Law No. 27444)

Article 25.- Validity of notifications Notifications shall take effect according to the following rules:

1. Personal notifications: the day they were made.

2. Those sent by certified mail, official letter, electronic mail and the like: the day on which they are recorded as having been received.

CONCORDANCES: D.U. No. 038-2020, Second Provision Comp. Final (Mandatory electronic notification during the National State of Emergency and the Health Emergency)

3. Notifications by publications: from the day of the last publication in the Official Gazette.

4. When by express legal provision, an administrative act must be both personally notified to the administered and published to protect rights or legitimate interests of third parties not appearing or indeterminate, the act shall produce effects from the last notification.

For purposes of computing the start of the terms, the rules established in article 144 must be followed, with the exception of the notification of precautionary or precautionary measures, in which case the provisions of the numerals of the preceding paragraph must be applied.

(Text according to article 25 of Law No. 27444)

Article 26.- Defective notifications 26.1 In the event that it is demonstrated that the notification has been made without the legal formalities and requirements, the authority shall order it to be redone, remedying the omissions incurred, without prejudice to the administered.

26.2 The dismissal of the challenge to the validity of a notification causes said notification to operate from the date on which it was made.

(Text according to article 26 of Law No. 27444)

Article 27.- Sanation of defective notifications 27.1 The defective notification due to omission of any of its content requirements shall have legal effects from the date on which the interested party expressly states having received it, if there is no evidence to the contrary.

27.2 The administered shall also be considered duly notified from the performance of procedural actions by the interested party that reasonably allow supposing that they had timely knowledge of the content or scope of the resolution, or file any applicable appeal. The request for notification made by the administered, in order for any decision of the authority to be communicated to them, is not considered as such.

(Text according to article 27 of Law No. 27444)

Article 28.- Communications within the administration 28.1 Communications between administrative bodies within an entity shall be made directly, avoiding the intervention of other bodies.

28.2 Communications of resolutions to other national authorities or the request for compliance with proceedings in the procedure shall always be sent directly under the notification regime without mere transfer actions due to internal hierarchies or transcription by intermediate bodies.

28.3 When any other authority or internal administrative body must have knowledge of the communication, an informative copy shall be sent to it.

28.4 The documentary record of the remote transmission by electronic means between entities and authorities constitutes in itself authentic documentation and shall give full faith to all its effects within the file for both parties, as to the existence of the transmitted original and its receipt.

(Text according to article 28 of Law No. 27444)

TITLE II Of the administrative procedure

CHAPTER I General Provisions

Article 29.- Definition of administrative procedure Administrative procedure is understood as the set of acts and proceedings processed in the entities, conducive to the issuance of an administrative act that produces individual or individualizable legal effects on interests, obligations or rights of the administered.

(Text according to article 29 of Law No. 27444)

Article 30.- Electronic Administrative Procedure 30.1 Without prejudice to the use of traditional physical means, the administrative procedure may be carried out totally or partially through technologies and electronic means, and must be recorded in a file, electronic writing, that contains the documents submitted by the administered, by third parties and by other entities, as well as those documents sent to the administered.

30.2 The electronic administrative procedure must respect all the principles, rights and guarantees of due procedure provided in this Law, without affecting the right of defense or the equality of the parties, and must provide for the pertinent measures when the administered does not have access to electronic means.

30.3 Administrative acts made through electronic means possess the same validity and legal effectiveness as acts made through traditional physical means. Digital signatures and documents generated and processed through technologies and electronic means, following the procedures defined by the administrative authority, shall have the same legal validity as handwritten documents.

30.4 By Supreme Decree, endorsed by the Presidency of the Council of Ministers, guidelines are approved to establish the conditions and use of technologies and electronic means in administrative procedures, together with their requirements.

(Article incorporated by article 4 of Legislative Decree No. 1272)

Article 31.- Electronic File 31.1 The electronic file is constituted by the set of electronic documents generated from the initiation of the administrative procedure or service provided exclusively in a determined entity of the Public Administration.

31.2 The electronic file must have a unique and unalterable identification number that allows its unambiguous identification within the entity that originates it. Said number allows, in turn, its identification

for purposes of an exchange of information between entities or by interested parties, as well as for obtaining copies thereof if applicable.

31.3 Each electronic document incorporated into the electronic file must be numbered sequentially, so that a digital index is created which is electronically signed in accordance with law by the personnel responsible for the entity of the Public Administration in order to guarantee its integrity and its retrieval whenever necessary.

(Article incorporated pursuant to article 3 of Legislative Decree No. 1452)

Article 32.- Classification of administrative procedures All administrative procedures that, by legal requirement, must be initiated by administered persons before the entities to satisfy or exercise their interests or rights, are classified in accordance with the provisions of this chapter, into: procedures of automatic approval or prior evaluation by the entity, and the latter in turn subject, in case of lack of timely pronouncement, to positive silence or negative silence. Each entity designates these procedures in its Single Text of Administrative Procedures - TUPA, following the criteria established in this ordinance.

(Text pursuant to article 30 of Law No. 27444, modified pursuant to article 2 of Legislative Decree No. 1272)

Article 33.- Regime of the automatic approval procedure 33.1 In the automatic approval procedure, the request is considered approved from the very moment of its presentation before the competent entity to hear it, provided that it complies with the requirements and delivers the complete documentation, required in the entity's TUPA.

33.2 In this procedure, the entities do not issue any express pronouncement confirming the automatic approval, and must only carry out the subsequent inspection. However, when in automatic approval procedures the issuance of a document without which the user cannot make their right effective is necessarily required, the maximum period for its issuance is five business days, without prejudice to those longer periods established by special laws prior to the validity of this Law.

33.3 As proof of the automatic approval of the administered person's request, a copy of the written document or of the form presented containing the official seal of receipt, without observations and indicating the registration number of the request, date, time and signature of the receiving agent, is sufficient.

33.4 Automatic approval procedures, subject to the presumption of veracity, are those that enable the exercise of pre-existing rights of the administered person, registration in administrative registries, obtaining licenses, authorizations, certificates and certified copies or similar that enable the continued exercise of professional, social, economic or labor activities in the private sphere, provided that they do not affect third-party rights and without prejudice to the subsequent inspection carried out by the administration.

33.5 The Presidency of the Council of Ministers is empowered to determine the procedures subject to automatic approval. Such classification is of mandatory adoption, from the day following its publication in the official gazette, without the need for prior updating of the Single Text of Administrative Procedures by the entities, without prejudice to the provisions of numeral 44.7 of article 44.

(Text pursuant to article 31 of Law No. 27444, modified pursuant to article 2 of Legislative Decree No.

1272)

Article 34.- Subsequent inspection 34.1 Through subsequent inspection, the entity before which an automatic approval procedure is carried out, prior evaluation or has received the documentation referred to in article 49; is obliged to verify ex officio through the sampling system, the authenticity of the declarations, documents, information and translations provided by the administered person.

34.2 In the case of automatic approval procedures and in those of prior evaluation in which positive administrative silence has occurred, the inspection comprises no less than ten percent (10%)

of all files, with a maximum of one hundred fifty (150) files per semester. This quantity may be increased taking into account the impact that the occurrence of fraud or falsity in the information, documentation or declaration presented may entail on the general interest, the economy, security or citizen health. Such inspection must be carried out semi-annually in accordance with the guidelines issued for such purpose by the Presidency of the Council of Ministers.

34.3 In case of verifying fraud or falsity in the declaration, information or documentation presented by the administered person, the entity shall consider the respective requirement as not satisfied for all its effects, proceeding to declare the nullity of the administrative act supported by said declaration, information or document; and impose on whoever has used that declaration, information or document a fine in favor of the entity of between five (5) and ten (10) Tax Units in force at the date of payment; and, furthermore, if the conduct fits the assumptions provided in Title XIX Crimes against Public Trust of the Penal Code, it must be communicated to the Public Ministry so that it may file the corresponding criminal action.

34.4 As a result of the subsequent inspection, the list of administered persons who have presented false or fraudulent declarations, information or documents under automatic approval and prior evaluation procedures, is published quarterly by the Administrative Risk Center, under the Presidency of the Council of Ministers, recording the National Identity Document or the Single Taxpayer Registry and the dependency before which they presented said information. Entities must prepare and submit the indicated list to the Central de Riesgo Administrativo, following the current guidelines on the matter. Entities are obliged to automatically include in their subsequent inspection actions all procedures initiated by administered parties included in the Central de Riesgo Administrativo list.

(Text according to article 32 of Law No. 27444, modified according to article 2 of Legislative Decree No. 1272)

Article 35.- Prior evaluation procedure with positive silence 35.1 Prior evaluation procedures are subject to positive silence, when it concerns any of the following cases:

1.- All procedures at the request of a party not subject to the exhaustive negative administrative silence contemplated in article 38.

2.- Appeals intended to challenge the rejection of a request when the individual has opted for the application of negative administrative silence.

35.2 As proof of the application of positive silence of the administered party's request, a copy of the written document or the form submitted bearing the official reception stamp, without observations and indicating

the registration number of the request, date, time and signature of the receiving agent is sufficient. In the case of electronic administrative procedures, the email that provides proof of the submission of the request is sufficient.

35.3 The Presidency of the Council of Ministers is empowered to determine the procedures subject to positive silence. Such qualification shall be of mandatory adoption, from the day following its publication in the official gazette, without the need for prior updating of the Single Text of Administrative Procedures by the entities, without prejudice to the provisions of numeral 44.7 of article 44.

35.4 Procedures for gracious petitions and consultations are governed by their specific regulation.

(Article incorporated by article 4 of Legislative Decree No. 1272)

Article 36.- Approval of petition through positive silence 36.1 In administrative procedures subject to positive silence, the administered party's petition is considered approved if, upon expiration of the established or maximum period to issue a decision, the entity has not notified the corresponding decision, and no decision or document is necessary for the administered party to enforce their right, under the responsibility of the official or public servant who requires it.

36.2 The provisions of this article do not undermine the entity's obligation to carry out subsequent inspection of the documents, declarations and information submitted by the administered party, in accordance with the provisions of article 34.

(Article incorporated by article 4 of Legislative Decree No. 1272)

Article 37.- Approval of the procedure.

37.1 Notwithstanding the provisions of article 36, upon expiration of the period for positive silence to take effect in prior evaluation procedures regulated in article 35, without the entity having issued a decision on the request, the administered parties, if they consider it pertinent and in a complementary manner, may submit a Sworn Declaration before the same entity that configured said fictitious approval, in order to assert the right conferred before the same or third entities of the administration, with the receipt of said document constituting sufficient proof of the fictitious approving resolution of the request or procedure initiated.

37.2 The provisions of the preceding paragraph are also applicable to the automatic approval procedure, replacing the fictitious approval contained in the Sworn Declaration with the document referred to in numeral 33.2 of article 33.

37.3 In the event that the administrative authority refuses to receive the Sworn Declaration referred to in the preceding paragraph, the administered party may send it through notarial channels, producing the same effects.

(Article incorporated by article 4 of Legislative Decree No. 1272)

Article 38.- Prior evaluation procedures with negative silence.

38.1 Exceptionally, negative silence is applicable in those cases in which the administered party's petition may significantly affect the public interest and impact the following legal goods: health, the environment, natural resources, citizen security, the financial and insurance system, the securities market, commercial defense, national defense and the cultural heritage of the nation, as well as in those procedures for the promotion of private investment, trilateral procedures, registration procedures and those that generate an obligation to give or do on the part of the State and

authorizations to operate casinos and slot machines.

The exceptional qualification of negative silence occurs in the norm of creation or modification of the administrative procedure, and must technically and legally support its qualification in the explanatory memorandum, which must specify the impact on the public interest and the incidence on any of the legal goods provided in the preceding paragraph.

By Supreme Decree, endorsed by the President of the Council of Ministers, the matters in which, due to significantly affecting the public interest, the application of negative administrative silence corresponds, may be expanded.

(Text modified according to article 2 of Legislative Decree No. 1452)

38.2 Likewise, it is applicable to those procedures through which powers of the public administration are transferred.

(Text modified according to article 2 of Legislative Decree No. 1452)

38.3 In tax and customs matters, administrative silence is governed by its special laws and norms.

In the case of administrative procedures that have an impact on the determination of the tax or customs obligation, the Tax Code applies.

38.4 The authorities are empowered to classify the aforementioned administrative procedures differently in their Single Text of Administrative Procedures, with the exception of trilateral procedures and those that generate an obligation for the State to give or do, when they consider that their effects recognize the interest of the applicant, without significantly exposing the general interest.

(Article incorporated by article 4 of Legislative Decree No. 1272)

Article 39.- Maximum term of the prior evaluation administrative procedure The term that elapses from the start of a prior evaluation administrative procedure until the respective resolution is issued cannot exceed thirty (30) business days, unless by law or legislative decree procedures are established whose compliance requires a longer duration.

(Text according to article 35 of Law No. 27444)

Article 40.- Legality of the procedure 40.1 Administrative procedures and requirements must be established in a substantive provision approved by supreme decree or a norm of higher hierarchy, by Regional Ordinance, by Municipal Ordinance, by Resolution of the head of the constitutionally autonomous bodies.

In the case of regulatory bodies, they may establish procedures and requirements in the exercise of their normative function.

The specialized technical bodies of the Executive Branch may establish administrative procedures and requirements by resolution of the governing body or of the head of the entity, as appropriate, for which they must be empowered by law or legislative decree to regulate the granting or recognition of rights of individuals, entry to markets or the development of economic activities. The establishment of procedures and requirements must comply with the provisions of this numeral and be within the framework of the provisions of the policies, plans and guidelines of the corresponding sector .

40.2 The entities carry out the Regulatory Quality Analysis of the administrative procedures under their charge or their proposals, taking into account the scope established in the current regulations on the matter.

40.3 Administrative procedures must be compiled and systematized in the Single Text of Administrative Procedures , approved for each entity, in which procedures cannot be created nor new requirements established, except for what relates to the determination of the processing fees that are applicable in accordance with current regulations.(*)

(*) In accordance with the , published on , the competent Municipalities are authorized to apply and attend to the special administrative procedure established in articles 3, 4 and 5 of the aforementioned Legislative Decree, from the day following its publication, being exempt from the provisions of this numeral.

First Final Complementary Provision of Legislative Decree No. 1477 08 May 2020 40.4 The entities only require from the administered the compliance with procedures , the presentation of documents, the supply of information or the payment of processing fees, provided that they comply with the requirements set forth in the previous numeral. The authority that proceeds differently, making demands on the administered outside these cases, incurs in responsibility.

40.5 The provisions concerning the elimination of procedures or requirements or their simplification may be approved by Ministerial Resolution, by Resolution of the Board of Directors of the Regulatory Bodies, Resolution of the governing body or of the head of the specialized technical bodies , as appropriate, Resolution of the head of the constitutionally autonomous bodies, Regional Decree or Mayoral Decree, depending on whether they are entities dependent on the Executive Branch, Constitutionally Autonomous Bodies, Regional or Local Governments, respectively .

40.6 Administrative procedures , including their requirements, under the charge of legal persons under the private regime that provide public services or exercise administrative function must be duly publicized, for the knowledge of the administered .(*)

(*) In accordance with the , published on 26 May 2023, article 36 of Law 27444, Law of General Administrative Procedure, of Law No. 27444, is modified.

Article 2 of Legislative Decree No. 1561 corresponding to article 40 of the Single Ordered Text (*)

(Text according to article 36 of Law No. 27444, modified according to article 2 of Legislative Decree No. 1452)

Article 41.- Mandatory standardized Administrative Procedures.

41.1 By supreme decree endorsed by the Presidency of the Council of Ministers, standardized administrative procedures and services provided exclusively are approved, of mandatory application by the competent entities to process them, which are not empowered to modify or alter them.

The entities are obliged to incorporate said standardized procedures and services into their respective Single Text of Administrative Procedures without the need for approval by another entity. The entities may only determine: the document processing unit or the one that acts in its place to initiate the administrative procedure or service provided exclusively, the competent authority to resolve the administrative procedure and the organic unit to which it belongs, and the competent authority that resolves the administrative appeals , as pertinent.

(Text modified according to article 2 of Legislative Decree No. 1452)

CONCORDANCES : D.S.N° 045-2019-PCM, Art. 5 (Adequacy of the TUPA of the municipalities )

D.S.N° 018-2021-PCM (Supreme Decree that approves standardized administrative procedures of the Production sector whose processing is within the competence of the Regional Governments)

41.2 The failure by entities to update their respective Single Text of Administrative Procedures within five (5) business days following the entry into force of the administrative procedures standardized by the Presidency of the Council of Ministers results in the application of

article 58.(*)

(*) In accordance with the , published on 26 May 2023, article 36-A of Law 27444, Law of General Administrative Procedure, of Law No. 27444, is amended.

Article 2 of Legislative Decree No. 1561 corresponding to article 41 of the Single Ordered Text (*)

(Article incorporated by article 4 of Legislative Decree No. 1272)

Article 42.- Indefinite validity of enabling titles The enabling titles issued have indefinite validity, unless a determined term of validity is established by law or legislative decree. When the authority verifies a change in the indispensable conditions for obtaining it, after inspection, it may render the enabling title ineffective.

Exceptionally, by supreme decree, the determined validity of enabling titles is established, for which the entity must justify the need, the public interest to be protected and other criteria defined in accordance with regulatory quality regulations.

(Text amended in accordance with article 2 of Legislative Decree No. 1452)

Article 43. Content of the Single Text of Administrative Procedures 43.1 All entities prepare and approve or manage the approval, as the case may be, of their Single Text of Administrative Procedures, which comprises:

1. All procedures initiated by the parties required by the administered to satisfy their interests or rights through the pronouncement of any body of the entity, provided that such requirement has legal backing, which must be expressly stated in the TUPA with an indication of the date of publication in the Official Gazette.

2. The clear and exhaustive description of all the requirements demanded for the complete completion of each procedure, which must be established in accordance with the provisions of the preceding numeral.

3. The classification of each procedure as appropriate between procedures of prior evaluation or automatic approval.

4. In the case of procedures of prior evaluation, whether the applicable administrative silence is negative or positive.

5. The cases in which the payment of processing fees is appropriate, with an indication of their amount and form of payment. The amount of the fees is expressed by publishing it in the entity in legal tender.

6. The appropriate channels of reception to access the procedures contained in the TUPA, in accordance with the provisions of articles 127 and following.

7. The competent authority to decide at each instance of the procedure and the appeals to be filed to access them.

8. The forms that are used during the processing of the respective administrative procedure, and they must not be used to demand additional requirements.

Complementary information such as service locations, schedules, means of payment, contact details, notes to the citizen; its updating is the responsibility of the highest administrative authority of the entity that manages the TUPA, without following the formalities provided in numerals 44.1 or 44.5.

The Presidency of the Council of Ministers, by Resolution of the Secretariat of Public Management, approves the Format of the Single Text of Administrative Procedures applicable to the entities provided in numerals 1 to 7 of article I of the Preliminary Title of this law.

(Text amended in accordance with article 2 of Legislative Decree No. 1452)

43.2 The TUPA also includes the list of services provided exclusively, understood as the services that entities are empowered to provide exclusively within the framework of their competence, and cannot be performed by another entity or third parties. They are included in the TUPA, with the provisions of numerals 2, 5, 6, 7 and 8 of the preceding numeral being applicable, to the extent applicable.

(Text amended in accordance with article 2 of Legislative Decree No. 1452)

43.3 The requirements and conditions for the provision of services provided exclusively by entities are established by supreme decree countersigned by the President of the Council of Ministers.

43.4 For those services that are not provided exclusively, the entities, through a Resolution of the Head of the entity, establish the name, the clear and exhaustive description of the requirements and their respective costs, which must be duly disseminated so that they are of public knowledge, respecting the provisions of article 60 of the Political Constitution of Peru and the rules on repression of unfair competition.(*)

(*) In accordance with the , published on 26 May 2023, numerals 37.3 and 37.4 of article 37 of Law 27444, Law of General Administrative Procedure, of Law No. 27444, are amended.

Article 2 of Legislative Decree No. 1561 corresponding to article 43 of the Single Ordered Text (*)

(Text amended in accordance with article 2 of Legislative Decree No. 1452)

(Text according to article 37 of Law No. 27444, amended in accordance with article 2 of Legislative Decree No. 1272)

Article 44.- Approval and dissemination of the Single Text of Administrative Procedures 44.1 The Single Text of Administrative Procedures (TUPA) is approved by Supreme Decree of the sector, by Regional Ordinance, by Municipal Ordinance, or by Resolution of the Head of a constitutionally autonomous body, according to the respective level of government.

(Text according to numeral 38.1 of article 38 of Law No. 27444, amended in accordance with article 2 of Legislative Decree No. 1452)

44.2. The rule approving the TUPA is published in the official gazette El Peruano.

44.3 The TUPA and the legal provision approving or modifying it are mandatorily published on the portal of the official newspaper El Peruano. Additionally, it is disseminated through the Single Digital Platform for Citizen Orientation of the Peruvian State and on the respective Institutional Portal of the entity. Publication in the media provided for in this numeral is carried out free of charge.

(Text according to numeral 38.3 of article 38 of Law No. 27444, modified according to article 2 of Legislative Decree No. 1452)

44.4 Without prejudice to the indicated publication, each entity disseminates its TUPA by placing it in a visible location within the entity.

44.5 Once the TUPA is approved, any modification that does not imply the creation of new procedures, an increase in processing fees or requirements must be made by Ministerial Resolution of the Sector, or by resolution of the head of the Autonomous Body in accordance with the Political Constitution of Peru, or by Resolution of the Board of Directors of the Regulatory Bodies, Resolution of the governing body or of the head of the specialized technical bodies, as applicable, Regional Decree or Mayoral Decree, according to the respective level of government. Otherwise, its approval is carried out in accordance with the mechanism established in numeral 44.1. In both cases, the modification shall be published as provided in numerals 44.2 and 44.3.

(Text according to numeral 38.5 of article 38 of Law No. 27444, modified according to article 2 of Legislative Decree No. 1452)

44.6 For the preparation of the TUPA, the duplication of administrative procedures in the entities is avoided.

44.7 In cases where by Law, Legislative Decree and other norms of general scope, the requirements, term or administrative silence applicable to administrative procedures are established or modified, the entities of the Public Administration are obliged to make the corresponding modifications in their respective Single Texts of Administrative Procedures within a maximum term of sixty (60) business days, counted from the entry into force of the norm that establishes or modifies the requirements, term or administrative silence applicable to administrative procedures. If upon expiration of said term, the entity has not updated the TUPA incorporating the procedure established or modified in the current regulations, it cannot fail to issue a pronouncement regarding the procedure or provide the service that is in force according to the corresponding legal framework, under responsibility.

(*)

(Text modified according to article 2 of Legislative Decree No. 1452)

(*) In accordance with the , published on , the competent Municipalities are authorized to apply and attend to the special administrative procedure established in articles 3, 4 and 5 of the cited Legislative Decree, from the day following its publication, being exempt from the provisions of this numeral.

First Complementary Final Provision of Legislative Decree No. 1477 08 May 2020 44.8 The official who incurs administrative responsibility is one who:

a) Requests or demands compliance with requirements that are not in the TUPA or that, being in the TUPA, have not been established by current regulations or have been repealed.

b) Applies fees that have not been approved in accordance with the provisions of articles 53 and 54, and by the Single Ordered Text of the Tax Code, when applicable.

c) Applies fees that have not been ratified by the corresponding Provincial Municipality, in accordance with the provisions established in article 40 of Law 27972, Organic Law of Municipalities.

Likewise, the Mayor and the municipal manager, or those who act in their stead, incur administrative responsibility when, after the term of forty-five (45) business days following receipt of the ratification request from the district municipality, they have not complied with attending to the request for ratification of the fees referred to in article 40 of Law 27972, Organic Law of Municipalities, except for fees for municipal services in which case the term shall be sixty (60) business days.(*) RECTIFIED BY ERRATA (Text modified according to article 2 of Legislative Decree No. 1452)

Without prejudice to the foregoing, the requirements established in the preceding letters also constitute an illegal bureaucratic barrier, with the sanctions established in Legislative Decree No. 1256, which approves the Law on Prevention and Elimination of Bureaucratic Barriers or the norm that replaces it, being applicable.

44.9 The Comptroller General of the Republic, within the framework of the Organic Law of the National Control System and of the Comptroller General of the Republic, verifies compliance with the terms indicated in numeral 44.7 of this article.

(*) In accordance with the , published on 26 May 2023, numerals 38.3 and 38.8 of article 38 of Law 27444, Law of General Administrative Procedure, of Law No. 27444, are modified.

Article 2 of Legislative Decree No. 1561 corresponding to article 44 of the Single Ordered Text (*)

(Text modified according to article 2 Legislative Decree No. 1272)

Article 45.- Considerations for structuring the procedure 45.1 Only those requirements that are reasonably indispensable to obtain the corresponding pronouncement, also taking into account their costs and benefits, shall be included as requirements demanded for the performance of each administrative procedure.

45.2 For this purpose, each entity considers as criteria:

45.2.1 The documentation that according to this law may be requested, that which is prohibited from being required and those substitutes established in replacement of original documentation.

45.2.2 Its necessity and relevance in relation to the object of the administrative procedure and to obtain the required pronouncement.

45.2.3 The entity's actual capacity to process the required information, in the prior evaluation or subsequent inspection stage.

(Text according to article 39 of Law No. 27444)

Article 46.- Access to information for consultation by entities 46.1 All entities have the obligation to allow others, free of charge, access to their databases and records to consult information required for compliance with the requirements of administrative procedures or services provided exclusively.

46.2 In these cases, the entity only requests from the administered party the submission of a sworn

statement in which they state that they comply with the requirement provided in the administrative procedure or service provided exclusively.

(Article incorporated by article 4 of Legislative Decree No. 1272)

Article 47.- Intercultural approach Administrative authorities must act by applying an intercultural approach, contributing to the generation of a service with cultural relevance, which implies the adaptation of the processes that are necessary based on the geographical, environmental, socioeconomic, linguistic and cultural characteristics of the administered parties to whom said service is intended.

(Article incorporated according to article 3 of Legislative Decree No. 1452)

Article 48.- Documentation prohibited from being requested 48.1 For the initiation, continuation or conclusion of any procedure, common or special, entities are prohibited from requesting from administered parties the submission of the following information or the documentation containing it:

48.1.1 That which the requesting entity generates or possesses as a product of the exercise of its public functions conferred by Law or which it must possess by virtue of any procedure previously carried out by the administered party in any of its dependencies, or for having been inspected by them, during the previous immediate five (5)

years, provided that the data have not undergone variation. To prove it, it is enough for the administered party to show the copy of the receipt where said submission is recorded, duly sealed and dated by the entity before which it had been supplied.

48.1.2 That which has been issued by the same entity or by other public entities of the sector, in which case it corresponds to the entity itself to collect it directly.

48.1.3 Submission of more than two copies of the same document before the entity, unless it is necessary to notify an equal number of interested parties.

48.1.4 Personal photographs, except to obtain identity documents, passport or licenses or authorizations of a personal nature, for reasons of national security and citizen security. The administered parties shall supply the requested photographs themselves or shall have the freedom to choose the company that produces them, with the exception of cases of image digitization.

48.1.5 Personal identity documents other than the National Identity Document. Likewise, only foreign citizens shall be required to present a foreigner's card or passport as applicable.

48.1.6 Collecting seals of the entity itself, which must be gathered by the authority in charge of the file.

48.1.7 New documents or copies, when others are submitted, despite having been produced for another purpose, unless they are illegible.

48.1.8 Proof of payment made before the entity itself for some procedure, in which case the administered party is only obliged to inform in their writing the day of payment and the number of the payment receipt, with the administration being responsible for immediate verification.

48.1.9 That which, in accordance with applicable regulations, was accredited or should have been accredited in a previous phase or to obtain the completion of a previous procedure already satisfied. In this case, the information or

documentation shall be understood as accredited for all legal purposes.

48.1.10 All that information or documentation that the entities of the Public Administration administer, collect, systematize, create or possess regarding users or administered parties that they are obliged to supply or make available to the other entities that require it for the processing of their administrative procedures and for their internal administration acts, in accordance with the provisions of law, legislative decree or by Supreme Decree endorsed by the President of the Council of Ministers.

The deadlines and other conditions for the application of the provisions of this numeral to entities of the Public Administration other than the Executive Branch are established by Supreme Decree endorsed by the President of the Council of Ministers.

48.2 The provisions contained in this article do not limit the faculty of the administered party to spontaneously submit the aforementioned documentation, if they consider it convenient.

(Text according to article 40 of Law No. 27444, modified according to article 2 of Legislative Decree No. 1272)

Article 49.- Submission of documents substituting originals 49.1 For compliance with the requirements corresponding to all administrative procedures, common or special, entities are obliged to receive the following documents and information instead of the official documentation, which they replace with the same probative merit:

49.1.1 Simple copies replacing original documents or copies notarially legalized of such documents, accompanied by a sworn statement from the administered party about their authenticity. Simple copies shall be accepted, whether or not certified by notaries, officials or public servants in the exercise of their functions and shall have the same value as original documents for compliance with the requirements corresponding to the processing of administrative procedures followed before any entity.

49.1.2 Simple translations with the indication and signature of whoever acts as translator duly identified, instead of official translations.

49.1.3 The written expressions of the administered party contained in sworn declarations by which they affirm their favorable situation or status, as well as the existence, veracity, and validity, in replacement of the information or documentation prohibited from being requested.

49.1.4 Private instruments, notarial certificates, or simple copies of public deeds, instead of public instruments of any nature, or notarial certifications, respectively.

49.1.5 Original certifications signed by duly identified independent professionals in replacement of official certifications regarding the special conditions of the administered party or their interests whose assessment requires special technical or professional skills to recognize them, such as health certificates or architectural plans, among others. It shall be a matter of licensed professionals only when the rule regulating the requirements of the procedure so demands.

49.1.6 Photostatic copies of official formats or a particular reproduction of them prepared by the administrator fully respecting the structure of those defined by the authority, in substitution of the official forms approved by the entity itself for the supply of data.

49.2 The presentation and admission of documentary substitutes is made under the principle of

presumption of veracity and entails the mandatory carrying out of subsequent inspection actions by said entities, with the consequent application of the sanctions provided in numeral 34.3 of article 34 if fraud or falsehood is proven.

49.3 The provisions of this article are applicable even when an express rule provides for the presentation of original documents.

49.4 The provisions contained in this article do not limit the right of the administered party to present documentation prohibited from being required, if deemed convenient for their right.

49.5 By Supreme Decree countersigned by the President of the Council of Ministers and the competent sector, the list of original documents that can be replaced by substitutes may be expanded.

(Text according to article 41 of Law No. 27444, modified according to article 2 of Legislative Decree No. 1272)

Article 50.- Validity of administrative acts of other entities and suspension of the procedure Except for special rule, in the processing of administrative procedures entities cannot question the validity of administrative acts issued by other entities that are presented to comply with the requirements of the administrative procedures under their charge. Nor can they suspend the processing of procedures while awaiting resolutions or information from another entity.

(Article incorporated by article 4 of Legislative Decree No. 1272)

Article 51.- Presumption of veracity 51.1 All sworn declarations, the substitute documents presented and the information included in the writings and forms that the administered parties present for the realization of administrative procedures are presumed verified by the person making use of them, with respect to their own situation, as well as of truthful content for administrative purposes, unless proven otherwise. In the case of documents issued by governmental authorities or by third parties, the administered party may prove their due diligence in carrying out the corresponding and reasonable verifications prior to their presentation.

51.2 In the case of translations made by a party, as well as reports or professional or technical certifications presented as substitutes for official documentation, said responsibility extends jointly and severally to the person presenting them and those who have issued them.

(Text according to article 42 of Law No. 27444, modified according to article 2 of Legislative Decree No. 1272)

Article 52.- Value of public and private documents 52.1 Public documents are considered those validly issued by the organs of the entities.

52.2 The copy of any public document enjoys the same validity and effectiveness as these, provided there is evidence that it is authentic.

52.3 The copy of the private document whose authenticity has been certified by the certifying officer has full validity and effectiveness, exclusively within the scope of activity of the entity that authenticates it.

(Text according to article 43 of Law No. 27444)

Article 53.- Processing fees 53.1 It is appropriate to establish processing fees in administrative procedures when their processing implies for the entity the provision of a specific and individualizable service in favor of the administered party, or based on the cost derived from the activities aimed at analyzing what is requested; except in cases where there are taxes destined to directly finance the activities of the entity. Said cost includes the operating and maintenance expenses of the infrastructure associated with each procedure.

53.2 Conditions for the propriety of this charge are that the processing fees have been determined in accordance with the current methodology, and that they are recorded in its current Single Text of Administrative Procedures. In the case of entities of the Executive Branch, the countersignature of the Ministry of Economy and Finance must also be obtained.

(Text according to numeral 44.2 of article 44 of Law No. 27444, modified according to article 2 of Legislative Decree No. 1452)

53.3 It is not appropriate to establish charges for processing fees for procedures initiated ex officio, nor in those in which the right of gracious petition, regulated in article 123, or that of denunciation before the entity for functional infractions of its own officials or that must be known by the Institutional Control Organs, are exercised, for which each entity must establish the corresponding procedure.

(Text according to numeral 44.3 of article 44 of Law No. 27444, as amended by article 2 of Legislative Decree No. 1272)

53.4 Procedures may not be divided nor may charges be established by stages.

53.5 The entity is obliged to reduce the processing fees in administrative procedures if, as a result of their processing, economic surpluses have been generated in the previous fiscal year.

53.6 By supreme decree endorsed by the President of the Council of Ministers and the Minister of Economy and Finance, the criteria, procedures and methodologies for determining the costs of the procedures and administrative services provided by the administration and for setting the processing fees are specified. The application of said criteria, procedures and methodologies is mandatory for determining the costs of administrative procedures and services provided exclusively for all public entities in the processes of drafting or amending the Single Text of Administrative Procedures of each entity. The entity may approve processing fees lower than those resulting from the application of the criteria, procedures and methodologies approved according to this article.

(Text according to numeral 44.6 of article 44 of Law No. 27444, as amended by article 2 of Legislative Decree No. 1272)

53.7 By Supreme Decree endorsed by the President of the Council of Ministers and the Minister of Economy and Finance, following the provisions of the preceding numeral, the processing fees for standardized procedures may be approved, which are mandatory for the entities from their publication in the Official Gazette, without the need to update the Single Text of Administrative Procedures. Without prejudice to the foregoing, entities are obliged to incorporate the amount of the processing fee in their Single Text of Administrative Procedures within a maximum period of five (5) business days, without requiring a processing fee approval procedure, nor its ratification.(*)

(*) In accordance with the , published on 26 May 2023, numeral 44.7 of article 44 of Law 27444, Law of General Administrative Procedure, of Law No. 27444, is amended.

Article 2 of Legislative Decree No. 1561 corresponding to article 53 of the Single Ordered Text (*)

(Text amended according to article 2 of Legislative Decree No. 1272)

Article 54.- Limit of processing fees 54.1 The amount of the processing fee is determined based on the amount of the cost that its execution generates for the entity for the service provided during its entire processing and, where applicable, for the actual cost of production of documents issued by the entity. Its amount is supported by the server in charge of the administration office of each entity.

For the cost to be greater than one (1) UIT, authorization from the Ministry of Economy and Finance is required in accordance with the guidelines for the preparation and approval of the Single Text of Administrative Procedures approved by Resolution of the Secretariat of Public Management. Said authorization is not applicable in cases where the Presidency of the Council of Ministers has approved processing fees for standardized procedures.

(Text according to numeral 45.1 of article 45 of Law No. 27444, as amended by article 2 of Legislative Decree No. 1452)

54.2 Entities may not establish differentiated payments to give preference or special treatment to a request distinguishing it from others of the same type, nor discriminate based on the type of administered party that follows the procedure.(*)

(Text according to article 45 of Law No. 27444, as amended by article 2 of Legislative Decree No. 1272)

(*) In accordance with the , published on 11 April 2023, paragraph 45.2 of article 45 of Law 27444, Law of General Administrative Procedure, of the Single Ordered Text of Law No. 27444, is amended, being drafted as detailed in the cited provision.

Sole Complementary Amending Provision of Law No. 31724 corresponding to paragraph 54.2

Article 55.- Cancellation of processing fees The form of cancellation of processing fees is established in the institutional TUPA, and must tend to ensure that payment in favor of the entity can be made through any monetary form that allows its verification, including credits to bank accounts or electronic funds transfers.

(Text according to article 46 of Law No. 27444)

Article 56.- Reimbursement of administrative expenses 56.1 Reimbursement of administrative expenses is only applicable when a law expressly authorizes it.

Administrative expenses are those caused by specific actions requested by the administered party within the procedure. It is requested once the administrative procedure has begun and is borne by the administered party that has requested the action or by all administered parties, if the matter is of common interest; having the right to verify and, where applicable, to observe, the basis of the expenses to be reimbursed.

56.2 In the case of trilateral administrative procedures, entities may order in the administrative act

that causes state the condemnation of costs and expenses for the filing of malicious or frivolous administrative appeals. A malicious or frivolous appeal is understood as one lacking any factual and legal basis, such that the ostensible lack of rigor in its foundation evidences the bad faith intention of the administered party. For this, the objective knowledge of the administered party of causing a detriment must be accredited. The guidelines for the application of this numeral shall be approved by Supreme Decree endorsed by the President of the Presidency of the Council of Ministers.

(Text according to article 47 of Law No. 27444, as amended by article 2 of Legislative Decree No. 1272)

Article 57.- Compliance with the rules of this chapter 57.1 The Presidency of the Council of Ministers, as the governing entity, is the highest technical-regulatory authority of the Public Management Modernization System and is responsible for guaranteeing compliance with the rules established in this chapter in all entities of the public administration, without prejudice to the powers attributed to the Commission for the Elimination of Bureaucratic Barriers of the National Institute for the Defense of Competition and the Protection of Intellectual Property to hear and resolve complaints filed by citizens or economic agents on the matter.

57.2 The Presidency of the Council of Ministers has the following powers:

1. Issue Directives, methodologies and technical-regulatory guidelines in matters within its competence, including those referring to the creation of administrative procedures and services provided exclusively.

2. Issue binding opinions on the scope and interpretation of the rules on administrative simplification, including this Law. In the case of the Single Text of Administrative Procedures of the Ministries and Public Bodies, issue a prior favorable opinion for their approval.

3. Advise entities on matters of administrative simplification and permanently evaluate the administrative simplification processes within the entities, for which it may request all the information it requires from them.

4. Supervise and ensure compliance with the rules of this Law, except for matters related to the determination of processing fees.

5. Supervise that entities comply with approving their Single Text of Administrative Procedures in accordance with the applicable regulations.

6. Carry out the necessary steps to make effective the responsibility of officials for non-compliance with the rules of this Chapter, for which it has legitimacy to act before the various entities of the public administration.

7. Establish the mechanisms for receiving complaints and other mechanisms for citizen participation. When such complaints refer to matters within the competence of the Commission for the Elimination of Bureaucratic Barriers, it shall refrain from hearing them and shall refer them directly to it.

8. Detect non-compliance with the rules of this Law and order the pertinent regulatory modifications, granting the entities a peremptory period for correction.

9. In the event that the correction does not occur, the Presidency of the Council of Ministers delivers a report to the Commission for the Elimination of Bureaucratic Barriers of INDECOPI, so that it may initiate ex officio a procedure for the elimination of bureaucratic barriers, without prejudice to the application of the provisions of

article 261.

Likewise, the Commission for the Elimination of Bureaucratic Barriers of INDECOPI has the competence to oversee:

a. That the entities comply with applying the standardized procedures and incorporate them into their Single Texts of Administrative Procedures.

b. That the entities comply with the rules of administrative simplification in the processing of their administrative procedures and services provided exclusively.

10. Request the Technical Secretariat of the Commission for Bureaucratic Barriers to initiate an ex officio procedure regarding the elimination of bureaucratic barriers contained in administrative provisions that regulate the exercise of economic activities significant for the country's development.

11. Others provided for in this Law and those indicated by the corresponding legal provisions.

(Text according to article 48 of Law No. 27444, as amended by article 2 of Legislative Decree No. 1452)

Article 58.- Regime for entities without a current Single Text of Administrative Procedures 58.1 When the entity fails to publish its Single Text of Administrative Procedures, or publishes it omitting procedures, the administered, without prejudice to making effective the responsibility of the offending authority, are subject to the following regime:

1. With respect to administrative procedures that are to be approved automatically or that are subject to positive administrative silence, the administered are released from the requirement to initiate that procedure to obtain prior authorization, to carry out their professional, social, economic or labor activity, without being subject to sanctions for the free development of such activities. The suspension of this prerogative of the authority concludes as of the day following the publication of the TUPA, without retroactive effect.

Administrative procedures subject to negative administrative silence follow the regime provided in the rule of creation or modification of the respective administrative procedure.

(Text according to article 49 of Law No. 27444, as amended by article 2 of Legislative Decree No. 1452)

2. With respect to the other matters subject to prior evaluation procedure, the regime provided in each case by this Chapter is followed.

58.2 Non-compliance with the obligations to approve and publish the Single Texts of Procedures generates the following consequences:

1. For the entity, the suspension of its powers to require the administered to process the administrative procedure, the submission of requirements or the payment of the processing fee, for the development of its activities.

2. For the officials responsible for the application of the provisions of this Law and the respective regulatory rules, it constitutes a serious disciplinary offense.

(Text according to article 49 of Law No. 27444, as amended by article 2 of Legislative Decree No. 1272)

Article 59.- Outsourcing of activities All activities linked to oversight functions, administrative procedures and services provided exclusively other than the issuance of administrative acts or any resolution may be outsourced unless otherwise provided by law. By Supreme Decree endorsed by the Presidency of the Council of Ministers, the necessary provisions for the application of this modality are established.

(Text amended in accordance with article 2 of Legislative Decree No. 1452)

Article 60.- Role of the Comptroller General and of the internal control bodies 60.1 It corresponds to the Comptroller General of the Republic and to the internal control bodies of the entities, within the framework of Law No. 27785, Organic Law of the National Control System and of the Comptroller General of the Republic, to verify ex officio that the entities and their officials and public servants comply with the obligations established in Chapter I, General Provisions, of Title II, Administrative Procedure, of Law No. 27444, General Administrative Procedure Law.

60.2 Administrative subjects may file complaints before the internal control bodies of the entities, which form part of the National Control System, or directly before the Comptroller General of the Republic, against officials or public servants who fail to comply with any of the obligations referred to in the preceding paragraph.

60.3 It is the obligation of the internal control bodies of the entities or of the Comptroller General of the Republic that receive the complaints to inform the complainants about the processing thereof and about the actions carried out, or the decisions adopted, as a result of the complaints in relation to the irregularities or non-compliances that are the object of the complaint.

60.4 The head or person responsible for the internal control body has the obligation to prepare a quarterly report, which must be sent to the head of the entity so that, within a period no greater than 5 business days, it be published on the respective institutional transparency web portal, in which it shall report the actions carried out, or the decisions adopted, in relation to the complaints it receives against officials or public servants who fail to comply with the obligations referred to in the first paragraph of this provision.

(Article incorporated by article 4 of Legislative Decree No. 1272)

CHAPTER II On the subjects of the procedure

Article 61.- Subjects of the procedure For the purposes of compliance with the provisions of Administrative Law, the subjects of the procedure are understood to be:

1. Administrative subjects: the natural or legal person who, whatever their qualification or procedural situation, participates in the administrative procedure. When an entity intervenes in a procedure as an administrative subject, it submits to the rules that govern it under equal powers and duties as the other administrative subjects.

2. Administrative authority: the agent of the entities who under any legal regime, and exercising public powers, leads the initiation, instruction, processing, resolution, execution, or who

otherwise participates in the management of administrative procedures.

(Text in accordance with article 50 of Law No. 27444)

Subchapter I On administrative subjects

Article 62.- Content of the concept of administrative subject The following are considered administrative subjects with respect to a specific administrative procedure:

1. Those who promote it as holders of individual or collective rights or legitimate interests.

2. Those who, without having initiated the procedure, hold rights or legitimate interests that may be affected by the decision to be adopted.

(Text in accordance with article 51 of Law No. 27444)

Article 63.- Procedural capacity Persons who enjoy legal capacity in accordance with the laws have procedural capacity before the entities.

(Text in accordance with article 52 of Law No. 27444)

Article 64.- Representation of legal persons Legal persons may intervene in the procedure through their legal representatives, who act vested with the respective powers.

(Text in accordance with article 53 of Law No. 27444)

Article 65.- Freedom of procedural action 63.1 The administrative subject is empowered, in its relations with the entities, to carry out any action that is not expressly prohibited by any legal provision.

63.2 For the purposes of the preceding numeral, everything that prevents or disturbs the rights of other administrative subjects, or the fulfillment of their duties with respect to the administrative procedure, is understood to be prohibited.

(Text in accordance with article 54 of Law No. 27444)

Article 66.- Rights of administrative subjects The rights of administrative subjects with respect to the administrative procedure are the following:

1. Precedence in the attention of the requested public service, keeping strict order of entry.

2. To be treated with respect and consideration by the personnel of the entities, under conditions of equality with the other administrative subjects.

3. To access, at any time, directly and without any limitation, the information contained in the files of the administrative procedures in which they are parties and to obtain copies of the

documents contained therein, paying the cost entailed by their request, except for the exceptions expressly provided by law.

CONCORDANCES: R. No. 000188-2020-SUNAT (Approve provisions relating to the service of issuance of copies of administrative, customs and/or tax documents corresponding to the administrative subjects themselves)

4. To access the free information that State entities must provide about their activities aimed at the community, including their purposes, competences, functions, organization charts, location of offices, service hours, procedures and characteristics.

5. To be informed in ex officio procedures about their nature, scope and, where foreseeable, the estimated duration thereof, as well as about their rights and obligations in the course of such action.

6. To participate responsibly and progressively in the provision and control of public services, ensuring their efficiency and timeliness.

7. To compliance with the deadlines determined for each service or action and to require it thus of the authorities.

8. To be assisted by the entities for the fulfillment of their obligations.

9. To know the identity of the authorities and personnel in the service of the entity under whose responsibility the procedures of their interest are processed.

10. To have the actions of the entities that affect them carried out in the least burdensome way possible.

11. To the responsible exercise of the right to formulate analyses, criticisms or to question the decisions and actions of the entities.

12. Not to present documents that entities are prohibited from requesting, to use documentary substitutes and not to pay fees other than those due according to the rules of this Law.

13. That in the case of renewals of authorizations, licenses, permits and similar, they are understood to be automatically extended as long as they have been requested during the original validity, and while the authority conducts the renewal procedure and notifies the final decision on this file.

14. To demand the responsibility of the entities and of the personnel in their service, when legally appropriate, and

15. The other rights recognized by the Political Constitution of Peru or the laws.

(Text according to article 55 of Law No. 27444, modified according to article 2 of Legislative Decree No. 1272)

Article 67.- General duties of the administered in the procedure The administered with respect to the administrative procedure, as well as those who participate in it, have the following general duties:

1. To refrain from formulating illegal claims or articulations, from declaring facts contrary to the truth or unconfirmed as if they were reliable, from requesting merely dilatory actions, or in any other way affecting the principle of procedural conduct

2. To provide their collaboration for the pertinent clarification of the facts.

3. To provide the authority with any information aimed at identifying other non-appearing administered with legitimate interest in the procedure.

4. To verify previously to their presentation before the entity, the authenticity of the substitute documentation and of any other information that is covered by the presumption of veracity.

(Text according to article 56 of Law No. 27444)

Article 68.- Supply of information to the entities 68.1 The administered are empowered to provide the entities with the information and documents linked to their requests or claims that they deem necessary to obtain the pronouncement.

68.2 In investigative procedures, the administered are obliged to provide the information and documents that they knew and were reasonably adequate to the objectives of the action to reach the material truth, in accordance with the provisions of the chapter on instruction.

(Text according to article 57 of Law No. 27444)

Article 69.- Personal appearance 69.1 The entities may summon the personal appearance at their headquarters of the administered only when they have been expressly empowered by law.

69.2 The administered may appear assisted by advisors when necessary for the best exposition of the truth of the facts.

69.3 At the verbal request of the administered, the entity delivers at the end of the act, proof of their appearance and a copy of the minutes prepared.

(Text according to article 58 of Law No. 27444)

Article 70.- Formalities of the appearance 70.1 The summons is governed by the common regime of notification, stating in it the following:

70.1.1 The name and address of the summoning body, with identification of the requesting authority;

70.1.2 The object and subject of the appearance;

70.1.3 The names and surnames of the summoned;

70.1.4 The day and time at which the summoned must appear, which cannot be before the third day of receiving the summons, and, if foreseeable, the maximum duration that their presence demands. Conventionally, the day and time of appearance may be set;

70.1.5 The legal provision that empowers the body to make this summons; and, 70.1.6 The warning, in case of non-attendance to the requirement.

70.2 The appearance must be carried out, as far as possible, in a manner compatible with the labor or professional obligations of the summoned.

70.3 The summons that infringes any of the indicated requirements does not take effect, nor obliges the administered to attend.

(Text according to article 59 of Law No. 27444)

Article 71.- Third-party administered 71.1 If during the processing of a procedure the existence of determined non-appearing third parties is noticed whose rights or legitimate interests may be affected by the resolution that is issued, said processing and what has been done must be communicated to them by summons to the known domicile, without interrupting the procedure.

71.2 With respect to non-determined third-party administered, the summons is made by publication or, when appropriate, by carrying out the public information or public hearing procedure, in accordance with this Law.

71.3 Third parties may appear at any stage of the procedure, having the same rights and obligations of the participants in it.

(Text according to article 60 of Law No. 27444)

Subchapter II Of the administrative authority: General principles and competence

Article 72.- Source of administrative competence 72.1 The competence of the entities has its source in the Constitution and in the law, and is regulated by the administrative norms that derive from them.

72.2 Every entity is competent to carry out the internal material tasks necessary for the efficient fulfillment of its mission and objectives, as well as for the distribution of the attributions that are included within its competence.

(Text according to article 61 of Law No. 27444)

Article 73.- Presumption of deconcentrated competence 73.1 When a norm attributes to an entity some competence or faculty without specifying which organ within it must exercise it, it must be understood that it corresponds to the organ of lower hierarchy with the most similar function linked to it by reason of subject matter and territory, and, if there are several possible organs, to the common hierarchical superior.

73.2 It is particularly incumbent on these organs to resolve matters consisting of the simple confrontation of facts with express norms or matters such as: certifications, registrations, referrals to the archive, notifications, issuance of certified copies of documents, communications or the return of documents.

73.3 Each entity is competent to carry out internal material tasks necessary for the efficient fulfillment of its mission and objectives.

(Text according to article 62 of Law No. 27444)

Article 74.- Inalienable character of administrative competence 74.1 Any administrative act or contract that contemplates the renunciation of the title, or the abstention from the exercise of the attributions conferred on any administrative organ, is null.

74.2 Only by law or by express judicial mandate, in a specific case, may an authority be required not to exercise some administrative attribution of its competence.

74.3 The delay or negligence in the exercise of competence or its non-exercise when it corresponds, constitutes a disciplinary fault attributable to the respective authority.

74.4 Entities or their officials cannot fail to comply with the processing of administrative procedures, in accordance with the provisions of this Law. Any act to the contrary is null by full right.

(Text according to article 63 of Law No. 27444, modified according to article 2 Legislative Decree No. 1272)

Article 75.- Conflict with the jurisdictional function 75.1 When, during the processing of a procedure, the administrative authority acquires knowledge that a litigious question is being processed in a jurisdictional seat between two administered parties over certain private law relationships that need to be clarified prior to the administrative pronouncement, it will request from the jurisdictional organ communication on the actions carried out.

75.2 Once the communication is received, and only if it considers that there is strict identity of subjects, facts and foundations, the competent authority for the resolution of the procedure may determine its inhibition until the jurisdictional organ resolves the litigation.

The inhibitory resolution is elevated in consultation to the hierarchical superior, if there is one, even if there is no appeal. If the inhibitory resolution is confirmed, it is communicated to the corresponding Public Prosecutor so that, if appropriate and convenient to the interests of the State, it may appear in the process.

(Text according to article 64 of Law No. 27444)

Article 76.- Exercise of competence 76.1 The exercise of competence is a direct obligation of the administrative organ that has it attributed as its own, except for the change of competence for reasons of delegation or evocation, as provided in this Law.

76.2 The management assignment, the delegation of signature and the substitution do not imply alteration of the title of the competence.

76.3 The competence of the entities enshrined in the Constitution cannot be changed, altered or modified.

(Text according to article 65 of Law No. 27444)

Article 77.- Changes of competence for organizational reasons If during the processing of an administrative procedure, the competence to know it is transferred to another organ or administrative entity for organizational reasons, the procedure will continue in this one without retroacting stages or suspending deadlines.

(Text according to article 66 of Law No. 27444)

Article 78.- Delegation of competence 78.1 Entities may delegate the exercise of competence conferred on their organs to other entities when there are circumstances of a technical, economic, social or territorial nature that make it convenient. The delegation of competence from one organ to another within the same entity is also appropriate.

78.2 The essential attributions of the organ that justify its existence, the attributions to issue general norms, to resolve administrative appeals in the organs that have issued the acts object of appeal, and the attributions in turn received in delegation, are non-delegable.

78.3 While the delegation lasts, the delegator may not exercise the competence that it had delegated, except in the cases in which the law allows avocation.

78.4 The administrative acts issued by delegation expressly indicate this circumstance and are considered issued by the delegating entity.

78.5 The delegation is extinguished:

a) By revocation or avocation.

b) By the fulfillment of the term or condition provided in the act of delegation.

(Text according to article 67 of Law No. 27444, modified according to article 2 Legislative Decree No. 1272)

Article 79.- Duty of vigilance of the delegator The delegator will always have the obligation to monitor the management of the delegate, and may be responsible with the latter for fault in vigilance.

(Text according to article 68 of Law No. 27444)

Article 80.- Avocation of competence 80.1 In general, the law may consider exceptional cases of avocation of knowledge, on the part of superiors, by reason of the subject matter, or of the particular structure of each entity.

80.2 The delegating entity may avoke to the knowledge and decision of any specific matter that corresponds to decide another, by virtue of delegation.

(Text according to article 69 of Law No. 27444)

Article 81.- Common provision for the delegation and avocation of competence Any change of competence must be temporary, motivated, and its content must refer to a series of acts or procedures indicated in the act that originates it. The decision that is issued must be notified to the administered parties involved in the ongoing procedure prior to the resolution that is issued.

(Text according to article 70 of Law No. 27444)

Article 82.- Assignment of management 82.1 The performance of activities of a material, technical or service nature within the competence of one body may be assigned to other bodies or entities for reasons of effectiveness, or when the assignee possesses the suitable means to perform them by itself.

82.2 The assignment is formalized by means of an agreement, which must expressly state the activity or activities affected, the term of validity, the nature and its scope.

82.3 The assigning body retains ownership of the competence and responsibility for it, and must supervise the activity.

82.4 By means of a norm with the rank of law, entities may be empowered to make management assignments to non-state legal persons, when technical and budgetary reasons make it advisable under the same terms provided in this article; such assignment must be carried out subject to Administrative Law.

(Text according to article 71 of Law No. 27444)

Article 83.- Delegation of signature 83.1 The heads of administrative bodies may delegate by written communication the signing of acts and decisions within their competence to their immediate subordinates, or to the heads of the bodies or administrative units dependent on them, except in the case of resolutions of sanctioning procedures, or those that exhaust the administrative route.

83.2 In the case of delegation of signature, the delegator is the only responsible party and the delegate is limited to signing what the former has resolved.

83.3 The delegate signs the acts with the annotation “for”, followed by the name and position of the delegator.

(Text according to article 72 of Law No. 27444)

Article 84.- Substitution 84.1 The performance of the positions of the heads of administrative bodies may be temporarily substituted in the event of vacancy or justified absence, by the person designated by the competent authority to make their appointment.

84.2 The substitute replaces the holder for all legal purposes, exercising the functions of the body with the full powers and duties they contain.

84.3 If no holder or substitute is designated, the position is assumed temporarily by the person next in hierarchy in that unit; and if there is more than one with equal level, by the person who performs the position with greater connection to the management of the area being substituted; and, if equivalence persists, the one with greater seniority;

in all cases on an interim basis.

(Text according to article 73 of Law No. 27444)

Article 85.- Deconcentration 85.1 The ownership and exercise of competence assigned to administrative bodies are deconcentrated in other bodies of the entity, following the criteria established in this Law.

The deconcentration of competence may be vertical or horizontal. The first is an organizational form of deconcentration of competence that is established with attention to the rank and line of the body that performs the functions, without taking into account the geographic aspect. The second is an organizational form of deconcentration of competence that is used for the purpose of expanding the coverage of the administrative functions or services of an entity.

85.2 The directing bodies of the entities are freed from any execution routine, from issuing ordinary communications and from the tasks of formalizing administrative acts, so that they can concentrate on planning, supervision, coordination, internal control of their level and evaluation of results.

85.3 Competence to issue resolutions is transferred to hierarchically dependent bodies, in order to bring the administrative powers concerning their interests closer to the administered parties.

85.4 When an appeal against administrative acts issued in the exercise of deconcentrated competence is appropriate, the person who transferred them shall be competent to resolve it, unless otherwise provided by law.

(Text according to article 74 of Law No. 27444, modified according to article 2 of Legislative Decree No. 1272)

Article 86.- Duties of the authorities in procedures The following are duties of the authorities with respect to the administrative procedure and its participants:

1. Act within the scope of their competence and in accordance with the purposes for which their attributions were conferred.

2. Perform their functions following the principles of the administrative procedure provided in the

Preliminary Title of this Law.

3. Channel the procedure ex officio, when they notice any error or omission of the administered parties, without prejudice to the action that corresponds to them.

4. Refrain from requiring the administered parties to comply with requirements, carry out procedures, provide information or make payments not legally provided for.

5. Carry out the actions under their charge in a timely manner, to facilitate the administered parties' timely exercise of the procedural acts under their charge.

6. Explicitly resolve all requests submitted, except in those procedures of automatic approval.

7. Ensure the effectiveness of procedural actions, seeking simplification in their procedures, with no more formalities than those essential to guarantee respect for the rights of the administered parties or to promote certainty in the actions.

8. Interpret administrative norms in the way that best serves the public purpose to which they are directed, reasonably preserving the rights of the administered parties.

9. The others provided for in this Law or derived from the duty to protect, preserve and provide assistance to the rights of the administered, in order to preserve their effectiveness.

10. Enable suitable spaces for the consultation of files and documents, as well as for the

comfortable and orderly attention of the public, without prejudice to the use of means with the application of information technology or other similar ones.

(Text according to article 75 of Law No. 27444, modified according to article 2 of Legislative Decree No. 1272)

Subchapter III Collaboration between entities

Article 87.- Collaboration between entities 87.1 Relations between entities are governed by the criterion of collaboration, without this implying a waiver of their own competence indicated by law.

87.2 In attention to the criterion of collaboration, entities must:

87.2.1 Respect the exercise of competence of other entities, without questioning outside institutional levels.

87.2.2 Provide directly the data and information they possess, whatever its legal nature or institutional position, through any means, with no limitation other than that established by the Constitution or the law, for which the interconnection of electronic information processing equipment, or other similar means, shall be promoted.

87.2.3 Provide in their own scope the cooperation and active assistance that other entities may need for the fulfillment of their own functions, unless it causes them high expenses or endangers the fulfillment of their own functions.

87.2.4 Facilitate to the entities the means of proof that are in their possession, when requested for the better fulfillment of their duties, unless legal provision to the contrary.

87.2.5 Provide a response free of charge and in a timely manner to requests for information made by another public entity in the exercise of its functions.

87.3 In procedures subject to positive administrative silence, the term to resolve shall be suspended when an entity requires the collaboration of another to provide the information provided in numerals 87.2.3 and 87.2.4, provided that it is indispensable for the resolution of the administrative procedure. The suspension term may not exceed the term provided in numeral 3 of

article 143.

87.4 When an entity requests the collaboration of another entity, it must notify the administered within 3 days following the request for information.

(Text according to article 76 of Law No. 27444, modified according to article 2 of Legislative Decree No. 1272)

Article 88.- Means of interinstitutional collaboration 88.1 Entities are empowered to give stability to interinstitutional collaboration through conferences between linked entities, collaboration agreements or other legally admissible means.

88.2 Conferences between linked entities allow those entities that correspond to the same administrative problem to meet to exchange solution mechanisms, promote institutional collaboration in specific common aspects and constitute instances of bilateral cooperation.

The agreements shall be formalized when warranted, through agreements signed by the authorized representatives.

88.3. Through collaboration agreements, the entities, through their authorized representatives, enter into within the law agreements in the scope of their respective competence, of a binding nature for the parties and with an express clause of free adhesion and separation.

88.4 Entities may enter into agreements with private sector institutions, provided that this achieves the fulfillment of their purpose and does not violate public order norms.

(Text according to article 77 of Law No. 27444, modified according to article 2 of Legislative Decree No. 1272)

Article 89.- Execution of collaboration between authorities 89.1 The admissibility of the requested collaboration is regulated in accordance with the norms of the requesting authority, but its fulfillment is governed by the norms of the requested authority.

89.2 The authority requesting the collaboration is responsible exclusively for the legality of what is requested and for the use of its results. The requested authority is responsible for the execution of the collaboration carried out.

(Text according to article 78 of Law No. 27444)

Article 90.- Costs of collaboration 90.1 The request for collaboration does not generate the payment of fees, administrative rights or any other concept that implies any payment, between entities of the public administration 90.2 At the request of the requested authority, the requesting authority of another entity must pay to it the actual expenses incurred when the actions are outside the scope of ordinary activity of the entity.

(Text according to article 79 of Law No. 27444)

Subchapter IV Conflicts of competence and abstention

Article 91.- Control of competence Upon receipt of the request or the disposition of a superior authority, as the case may be, to initiate a procedure, the authorities must on their own initiative ensure their own competence to proceed with the normal development of the procedure, following the criteria applicable to the case of the matter, territory, time, degree or amount.

(Text according to article 80 of Law No. 27444)

Article 92.- Conflicts of competence 92.1 Incompetence may be declared ex officio, once appreciated in accordance with the previous article or at the request of the administered, by the body hearing the matter or by the hierarchical superior.

92.2 In no case may lower levels hold competence with a superior, and must, in

case, expose the reasons for their discrepancy.

(Text according to article 81 of Law No. 27444)

Article 93.- Declination of competence 93.1 The administrative body that considers itself incompetent for the processing or resolution of a matter directly sends the proceedings to the body it considers competent, with knowledge of the administered.

93.2 The body that declines its competence, at the request of a party and up until another assumes it, may adopt the necessary precautionary measures to avoid serious or irreparable damages to the entity or to the administered, communicating it to the competent body.

(Text according to article 82 of Law No. 27444)

Article 94.- Negative conflict of competence In the event of a negative conflict of competence arising, the file is elevated to the immediate superior body so that it resolves the conflict.

(Text according to article 83 of Law No. 27444)

Article 95.- Positive conflict of competence 95.1 The body that considers itself competent requests inhibition from the one that is hearing the matter, which if it agrees, sends the proceedings to the requesting authority so that it continues the procedure.

95.2 In the event of maintaining its competence, the requested authority sends the proceedings to the immediate superior so that it settles the conflict.

(Text according to article 84 of Law No. 27444)

CONCORDANCES : R.N° 010-2020-SERVIR-TSC (Administrative precedent on the procedure for the determination of the authority that must intervene as instructing body in case of discrepancy with the proposal contained in the Pre-qualification Report)

Article 96.- Resolution of conflict of competence In every conflict of competence, the body to which the file is sent issues an unappealable resolution within a period of four days.

(Text according to article 85 of Law No. 27444)

Article 97.- Competence to resolve conflicts 97.1 It is incumbent upon the common hierarchical superior, and, if there is none, the head of the entity, to resolve positive or negative conflicts of competence of the same entity.

97.2 Conflicts of competence between authorities of the same Sector are resolved by the person responsible for it, and conflicts between other authorities of the Executive Branch are resolved by the Presidency of the Council of Ministers, by means of an unmotivated decision; without being brought by the authorities in any case to the courts.

97.3 Conflicts of competence between other entities are resolved in accordance with the provisions of the

Constitution and the laws.

(Text according to article 86 of Law No. 27444)

Article 98.- Continuation of the procedure After the conflict of competence is resolved, the body that is competent to hear the matter continues the procedure according to its state and preserves all proceedings, except that which is not legally possible.

(Text according to article 87 of Law No. 27444)

Article 99.- Grounds for abstention The authority that has resolutive power or whose opinions on the merits of the procedure may influence the direction of the resolution must abstain from participating in the matters whose competence is attributed to it, in the following cases:

1. If it is a spouse, cohabitant, relative within the fourth degree of consanguinity or second of affinity, with any of the administered or with their representatives, agents, with the administrators of their companies, or with those who provide services to them.

2. If it has had intervention as an advisor, expert or witness in the same procedure, or if as an authority it had previously expressed its opinion on the same, so that it could be understood that it has ruled on the matter, except for the rectification of errors or the decision of the reconsideration appeal .

3. If it personally, or its spouse, cohabitant or any relative within the fourth degree of consanguinity or second of affinity, has an interest in the matter in question or in another similar one, whose resolution may influence the situation of the former.

4. When it has an intimate friendship, manifest enmity or objective conflict of interest with any of the administered parties involved in the procedure, which are made evident through attitudes or evident facts in the procedure.

5. When it has or has had in the last twelve (12) months, a service or subordination relationship with any of the administered or third parties directly interested in the matter, or if it has in project a business arrangement with any of the parties, even if it is not later concretized .

The provisions established in this numeral do not apply in the cases of contracts for the provision of public services or, which deal with operations that the administered-legal person normally carries out with third parties and, provided that they are agreed under the conditions offered to other consumers or users.

6. When reasons arise that disturb the function of the authority, it, for decorum, may abstain by means of a duly reasoned resolution. For this, the following rules must be taken into consideration:

a) In the event that the authority is part of a collegiate body, the latter must accept or deny the request.

b) In the event that the authority is a unipersonal body, its hierarchical superior must issue a resolution accepting or denying the request.

(Text according to article 88 of Law No. 27444, modified according to article 2 of Legislative Decree No. 1272)

Article 100.- Promotion of abstention 100.1 The authority that finds itself in any of the circumstances indicated in the previous article, within the two (2) business days following that on which it began to hear the matter, or on which it learned of the supervening ground, raises its abstention in a reasoned writing, and sends the proceedings to the immediate hierarchical superior, to the president of the collegiate body or to the plenary, as the case may be, so that without further procedure, it rules on the abstention within the third day.

100.2 When the authority does not abstain despite the existence of any of the grounds expressed, the administered party may make said situation known to the head of the entity, or to the plenary, if it is a collegiate body, at any time.

(Text according to article 89 of Law No. 27444)

Article 101.- Superior order of abstention 101.1 The immediate hierarchical superior orders, ex officio, or at the request of the administered parties, the abstention of the agent involved in any of the grounds referred to in article 100.

101.2 In the same act, he designates who will continue to hear the matter, preferably among authorities of equal hierarchy, and shall forward the file to him.

101.3 When there is no other public authority suitable to hear the matter, the superior shall choose to enable an ad hoc authority, or order that the one involved in a ground for abstention process and resolve the matter, under his direct supervision.

(Text according to article 90 of Law No. 27444)

Article 102.- Consequences of non-abstention 102.1 The participation of the authority in whom any of the grounds for abstention concurs does not necessarily imply the invalidity of the administrative acts in which he has intervened, except in the case where manifest impartiality or arbitrariness is evident or where it has caused defenselessness to the administered party.

102.2 Without prejudice to this, the hierarchical superior shall order the initiation of administrative, civil or criminal liability actions against the authority that has not abstained from intervening, knowing of the existence of the ground.

(Text according to article 91 of Law No. 27444)

Article 103.- Abstention procedure The processing of an abstention shall be carried out as an incidental matter, without suspending the deadlines for resolving or for administrative silence to take effect.

(Text according to article 92 of Law No. 27444)

Article 104.- Challenge of the decision The resolution of this matter is not challengeable at the administrative level, except for the possibility of alleging non-abstention as a basis for the administrative appeal against the final resolution.

(Text according to article 93 of Law No. 27444)

Article 105.- Removal of the abstained authority The authority that, as a result of the abstention, is removed from the procedure, shall cooperate to contribute to the celerity of the processing of the procedure, without participating in subsequent meetings or in the deliberation of the decision.

(Text according to article 94 of Law No. 27444)

Subchapter V Collegiate bodies

Article 106.- Regime of collegiate bodies The internal functioning of the collegiate bodies, permanent or temporary, of the entities, including those in which representatives of non-state guild, social or economic organizations participate, are subject to the provisions of this section.

(Text according to article 95 of Law No. 27444)

Article 107.- Authorities of collegiate bodies 107.1 Each collegiate body of the entities is represented by a President, in charge of ensuring the regularity of the deliberations and executing its agreements, and has a Secretary, in charge of preparing the agenda, keeping, updating and preserving the minutes of the sessions, communicating the agreements, granting copies and other acts proper to the nature of the position.

107.2 In the absence of express nomination in the manner prescribed by the legal system, the indicated positions are elected by the collegiate body itself from among its members, by absolute majority of votes.

107.3 In case of justified absence, they may be replaced on a provisional basis by the alternates or, failing that, by whomever the collegiate body elects from among its members.

(Text according to article 96 of Law No. 27444)

Article 108.- Attributions of the members It corresponds to the members of the collegiate bodies:

1. To receive, with reasonable advance notice, the call to the sessions, with the agenda containing the order of the day and sufficient information on each topic, so that they may know the issues that must be debated.

2. To participate in the debates of the sessions.

3. To exercise their right to vote and to formulate, when they consider it necessary, their singular vote, as well as to express the reasons that justify it. The foundation of a singular vote may be made at the same moment or submitted in writing until the following day.

4. To formulate requests of any kind, in particular to include topics in the agenda, and to formulate questions during the debates.

5. To receive and obtain a copy of any document or minutes of the sessions of the collegiate body.

(Text according to article 97 of Law No. 27444)

Article 109.- Regime of the sessions 109.1 Every collegiate body meets ordinarily with the frequency and on the day indicated by its regulations;

and, in the absence of both, when it so agrees.

109.2 The convocation of the collegiate bodies corresponds to the President and must be notified together with the agenda of the order of the day with reasonable advance notice, except for urgent sessions or periodic sessions on a fixed date, in which the convocation may be omitted.

109.3 Nevertheless, it is validly constituted without complying with the requirements of convocation or order of the day, when all its members meet and unanimously agree to begin the session.

109.4 Once the session has begun, no matter outside the order of the day may be the subject of an agreement, unless all the members of the collegiate body are present and approve by unanimous vote the inclusion, due to the urgency of adopting an agreement on it.

(Text according to article 98 of Law No. 27444)

Article 110.- Quorum for sessions 110.1 The quorum for the installation and valid session of the collegiate body is the absolute majority of its components.

110.2 If there is no quorum for the first session, the body is constituted on second call the day following that designated for the first, with a quorum of one third of the legal number of its members, and in any case, in a number not less than three.

110.3 Once a session has been installed, it may be suspended only by force majeure, subject to continuing it on the date and place indicated at the time of its suspension. If it is not possible to indicate this at the same session, the Presidency shall convene the restart date, notifying all members with reasonable advance notice.

(Text according to article 99 of Law No. 27444)

Article 111.- Quorum for voting 111.1 Agreements are adopted by the votes of the majority of those present at the time of the vote in the respective session, unless the law expressly establishes a different rule; the Presidency shall have a casting vote in the event of a tie.

111.2 Members of the collegiate body who express a vote different from the majority must record in the minutes their position and the reasons justifying it. The Secretary shall record this vote in the minutes together with the decision adopted.

111.3 In the case of consultative or reporting collegiate bodies, the majority agreement shall be accompanied by any dissenting vote.

(Text according to article 100 of Law No. 27444)

Article 112.- Obligation to vote

112.1 Unless otherwise provided by law, the members of collegiate bodies attending the session and not legally prevented from participating must state their position on the proposal under debate, and abstaining from voting is prohibited.

112.2 When abstention from voting is permitted by law, such position must be justified in writing.

(Text according to article 101 of Law No. 27444)

Article 113.- Session minutes 113.1 Minutes shall be drawn up for each session, containing the indication of those present, as well as the place and time at which it was held, the points of deliberation, each agreement separately, with an indication of the form and direction of the votes of all participants. The agreement clearly expresses the meaning of the decision adopted and its basis.

113.2 The minutes are read and submitted for approval by the members of the collegiate body at the end of the same session or at the beginning of the following one; however, the Secretary may certify the specific agreements already approved, as well as the plenary may authorize the immediate execution of what has been agreed.

113.3 Each set of minutes, once approved, is signed by the Secretary, the President, by those who have voted dissenting, and by those who so request.

(Text according to article 102 of Law No. 27444)

CHAPTER III Initiation of the procedure

Article 114.- Forms of initiation of the procedure The administrative procedure is initiated ex officio by the competent body or at the request of the administered party, unless by legal provision or by its purpose it must be initiated exclusively ex officio or at the request of the interested party.

(Text according to article 103 of Law No. 27444)

Article 115.- Initiation ex officio 115.1 For the ex officio initiation of a procedure, there must be a decision of a higher authority providing grounds to that effect, a motivation based on compliance with a legal duty, or the merits of a complaint.

115.2 The ex officio initiation of the procedure is notified to the determined administered parties whose protected interests or rights may be affected by the acts to be executed, except in the case of subsequent inspection of applications or their documentation, covered by the presumption of truthfulness. The notification includes information on the nature, scope and, if foreseeable, the estimated duration, as well as their rights and obligations in the course of such action.

115.3 The notification is made immediately after the decision is issued, unless the regulations authorize it to be deferred due to its confidential nature based on public interest.

(Text according to article 104 of Law No. 27444)

Article 116.- Right to file complaints 116.1 Every administered party is entitled to communicate to the competent authority those facts of which they are aware that are contrary to the legal order, without the need to substantiate the immediate affectation of any right or legitimate interest, nor to be considered a party to the procedure by this action.

116.2 The communication must clearly set out the relation of the facts, the circumstances of time, place and manner that allow their verification, the indication of their presumed authors, participants and injured parties, the contribution of evidence or its description so that the administration proceeds to locate it, as well as any other element that allows its verification.

116.3 Its submission obliges the necessary preliminary steps to be carried out and, once its plausibility has been verified, the respective inspection to be initiated ex officio. The rejection of a complaint must be reasoned and communicated to the complainant, if identified.

116.4 The entity receiving the complaint may grant protection measures to the complainant, guaranteeing their safety and preventing them from being affected in any way.

(Text according to article 105 of Law No. 27444, amended according to article 2 of Legislative Decree No. 1272)

Article 117.- Right of administrative petition 117.1 Any administered party, individually or collectively, may in writing promote the initiation of an administrative procedure before each and every one of the entities, exercising the right of petition recognized in article 2, paragraph 20) of the Political Constitution of the State.

117.2 The right of administrative petition includes the powers to submit requests in the particular interest of the administered party, to make requests in the general interest of the community, to contest administrative acts, the powers to request information, to formulate queries and to submit petitions for grace.

117.3 This right implies the obligation to give the interested party a written response within the legal period.

(Text according to article 106 of Law No. 27444)

Article 118.- Request in the particular interest of the administered party Any administered party with legal capacity has the right to appear personally or be represented before the administrative authority, to request in writing the satisfaction of their legitimate interest, to obtain the declaration, recognition or granting of a right, the certification of a fact, to exercise a power or to formulate legitimate opposition.

(Text according to article 107 of Law No. 27444)

Article 119.- Request in the general interest of the community 119.1 Natural or legal persons may submit a petition or contradict acts before the competent administrative authority, alleging the diffuse interest of society.

119.2 This power includes the possibility of communicating and obtaining a response on the existence of problems, obstacles or normative obstacles or those arising from administrative practices that affect access

to the entities, the relationship with administered parties or compliance with procedural principles, as well as presenting any suggestion or initiative aimed at improving the quality of services, increasing performance or any other measure that entails a better level of satisfaction of society with respect to public services.

(Text according to article 108 of Law No. 27444)

Article 120.- Power of administrative contradiction 120.1 Faced with an act that is supposed to violate, affect, disregard or harm a right or a legitimate interest, its contradiction proceeds in the administrative channel in the manner provided in this Law, so that it be revoked, modified, annulled or its effects suspended.

120.2 For the interest to justify the administered party's title, it must be legitimate, personal, current and proven. The interest may be material or moral.

120.3 The receipt or attention of a contradiction cannot be conditioned on prior compliance with the respective act.

(Text according to article 109 of Law No. 27444)

Article 121.- Power to request information 121.1 The right of petition includes that of requesting information held by the entities, following the regime provided in the Constitution and the Law.

121.2 The entities establish mechanisms for attending requests for specific information and provide for the ex officio supply to interested parties, including by telephone or electronic means, of general information on topics of recurring interest to citizens.

121.3 The entities are obliged to respond to the request for information within the legal term.

(Text according to article 110 of Law No. 27444, modified according to article 2 Legislative Decree No. 1272)

Article 122.- Power to formulate queries 122.1 The right of petition includes written queries to administrative authorities, on matters under their charge and the meaning of the current regulations comprising their actions, particularly that issued by the entity itself. This right implies the obligation to give the interested party a written response within the legal term.

122.2 Each entity assigns to one or more of its units the competence to answer queries based on the interpretation precedents followed therein.

(Text according to article 111 of Law No. 27444, modified according to article 2 Legislative Decree No. 1272)

Article 123.- Power to formulate petitions of grace 123.1 Through the power to formulate petitions of grace, the administered party may request from the head of the competent entity the issuance of an act subject to their discretion or free appreciation, or provision of a service when there is no other specific legal title that allows demanding it as a petition in

particular interest.

123.2 Faced with this petition, the authority communicates to the administered party the discretionary nature of what is requested and it is attended directly through the effective provision of what is requested, unless express provision of the law provides for a formal decision for its acceptance.

123.3 This right is exhausted with its exercise in the administrative channel, without prejudice to the exercise of other rights recognized by the Constitution.

(Text according to article 112 of Law No. 27444)

Article 124.- Requirements of writings Every writing presented before any entity must contain the following:

1. Full names and surnames, domicile and number of National Identity Document or foreigner's card of the administered party, and where applicable, the capacity of representative and of the person represented.

2. The concrete expression of what is requested, the factual grounds supporting it and, when possible, the legal ones.

3. Place, date, signature or digital fingerprint, in case of not knowing how to sign or being impeded.

4. The indication of the organ, entity or authority to which it is addressed, understanding as such, as far as possible, the authority of the grade closest to the user, according to the hierarchy, with competence to hear and resolve it.

5. The address of the place where notifications of the procedure are to be received, when different from the real domicile stated by virtue of numeral 1. This designation of domicile takes effect from its indication and is presumed subsistent, as long as its change is not expressly communicated.(*)

(*) In accordance with the , published on 04 May 2022, the modification of numeral 5 of article 113 of Law No. 27444 was provided, corresponding to the present numeral, as detailed in the cited article.

Sole Article of Law No. 31465

6. The list of documents and annexes accompanying it, indicated in the TUPA.

7. The identification of the file of the matter, in the case of procedures already initiated. (*)

(Text according to article 113 of Law No. 27444)

(*) In accordance with the , published on 11 March 2022, it is established that the submission of documents by the administered parties within an administrative procedure before OSIPTEL is carried out only through the Virtual Filing Desk or the In-Person Filing Desk of OSIPTEL, alternatively, and said documents must contain, in addition to the requirements established in this article, the information detailed in the cited article.

Article 2 of Resolution No. 041-2022-CD/OSIPTEL

Article 125.- Copies of documents 125.1 The document is submitted on plain paper accompanied by a conforming and legible copy, unless a greater number is necessary to notify third parties. The copy is returned to the administered party with the signature of the authority and the reception stamp indicating the date, time and place of submission. (*)

(*) In accordance with the , published on 04 May 2022, the modification of paragraph 114.1 of article 114 of Law No. 27444 was ordered, corresponding to this numeral, as detailed in the cited article.

Sole Article of Law No. 31465 125.2 The receipt thus issued has the same legal value as the original.

(Text according to article 114 of Law No. 27444)

Article 126.- Representation of the administered party 126.1 For the processing of procedures , a simple power of attorney with the signature of the administered party is sufficient, unless special laws require an additional formality.

126.2 For the withdrawal of the claim or of the procedure, to avail oneself of the forms of conventional termination of the procedure or, for the collection of money, a special power of attorney is required expressly indicating the act or acts for which it was granted. The special power of attorney is formalized at the choice of the administered party, by means of a private document with signatures legalized before a notary or public official authorized for that purpose, as well as by means of a declaration in personal appearance of the administered party and representative before the authority.

126.3 The use of representation does not prevent the intervention of the administered party itself when it considers it pertinent, nor the fulfillment by the latter of the obligations that require its personal appearance according to the rules of this Law.

(Text according to article 115 of Law No. 27444, modified according to article 2 of Legislative Decree No. 1272)

Article 127.- Accumulation of requests 127.1 In the case of several administered parties interested in obtaining the same administrative act without incompatible interests , they may appear jointly by means of a single document, forming a single file.

127.2 More than one request may be accumulated in a single document as long as they are related matters that allow them to be processed and resolved jointly , but not subsidiary or alternative claims, except as established in numeral 217.4 of article 217.

127.3 If, in the opinion of the administrative authority, there is no connection or there is incompatibility between the requests raised in a document, they will be summoned to present requests separately, under warning of proceeding ex officio to process them individually if they are separable, or otherwise ordering the abandonment of the procedure.

(Text according to article 116 of Law No. 27444, modified according to article 2 of Legislative Decree No. 1272)

Article 128.- Documentary reception 128.1 Each entity has its general documentary reception unit, documented processing or filing desk, except when the entity provides services in several buildings located in different zones, in which case auxiliary registries must be opened in each premises to the main one, to which they report all registrations they make. (*)

(*) In accordance with the , published on 04 May 2022, the modification of paragraph 117.1 of article 117 of Law No. 27444 was ordered, corresponding to this numeral, as detailed in the cited article.

Sole Article of Law No. 31465 128.2 Such units are in charge of keeping a record of the entry of the documents that are submitted and the exit of those documents issued by the entity addressed to other bodies or administered parties . For this purpose, they issue the receipt, make the respective entries respecting their order of entry or exit, indicating their entry number, nature, date, sender and addressee. Once the registration is completed, the documents or resolutions must be sent the same day to their addressees.

128.3 Such units shall tend to manage their information in computer support, safeguarding their integration into a single documented processing system.

128.4 Also through such units the administered parties carry out all the procedures pertinent to their procedures and obtain the information they require for that purpose.

(Text according to article 117 of Law No. 27444)

Article 129.- Rules for celerity in reception Entities adopt the following actions to facilitate the personal reception of documents from administered parties and avoid their agglomeration:

1. The implementation of programs for the rationalization of attention time per user and the greater simultaneous provision of servers dedicated exclusively to user attention.

2. The advisory service for users to complete forms or document templates.

3. Adapt their regime of business hours for public attention, in order to adapt it to the forms provided in article 149.

4. Study the seasonality of the demand for their services and issue preventive measures to avoid it.

5. Install self-service mechanisms that allow users to directly supply their information, tending to the use of advanced levels of digitalization.

(Text according to article 118 of Law No. 27444)

Article 130.- General rules for documentary reception The documents that administered parties address to entities may be presented in person or through third parties, before the reception units of:

1. The administrative bodies to which they are addressed.

2. The decentralized bodies of the entity.

3. The political authorities of the Ministry of the Interior in the corresponding circumscription.

4. At post offices, in the manner expressly provided for in this Law.

5. At diplomatic representations or consular offices abroad, in the case of administered persons residing abroad, who forward the writings to the competent entity, indicating the date of their submission.

(Text according to article 119 of Law No. 27444)

Article 131.- Submission by certified mail 131.1 Administered persons may send their writings, with complete supporting documents, by certified mail with acknowledgment of receipt to the competent entity, which records in its registry the certificate number and the date of receipt.

131.2 The administered person exhibits at the time of dispatch the writing in an open envelope and ensures that the postal agent stamps its date stamp both on the writing and on the envelope.

131.3 In case of doubt, the date of the stamp on the writing must be relied upon, and, failing that, the date of receipt by the entity.

131.4 This modality is not applicable for the submission of administrative appeals or in trilateral procedures.

(Text according to article 120 of Law No. 27444)

Article 132.- Receipt by alternative means 132.1 Administered persons residing outside the province where the receiving unit of the competent entity is located may submit writings addressed to other dependencies of the entity through the decentralized body located in their place of domicile.

132.2 When the entities do not have decentralized services in the area of residence of the administered person, the writings may be submitted at the offices of the political authorities of the Ministry of the Interior of the place of their domicile.

132.3 Within the immediately following twenty-four hours, said units forward what is received to the addressee authority by any expeditious means at their disposal, indicating the date of its submission.

(Text according to article 121 of Law No. 27444)

Article 133.- Common presumption to alternative means of receipt For the purposes of expiration of deadlines, it is presumed that writings and communications submitted through certified mail, decentralized bodies, and authorities of the Ministry of the Interior have entered the addressee entity on the date and time they were delivered to any of the indicated dependencies. In the case of applications subject to positive administrative silence, the deadline available to the addressee entity to resolve shall be counted from the date of receipt by it.

In the event that the entity receiving is not competent to resolve, it shall forward the writings and communications to the destination entity within the term of the distance, which shall inform the administered person of the date on which it receives them.

(Text according to article 122 of Law No. 27444)

Article 134.- Receipt by remote data transmission 134.1 Administered persons may request that the sending of information or documentation that it

corresponds to receive within a procedure be carried out by means of remote transmission, such as electronic mail or facsimile.

134.2 Provided they have remote data transmission systems, the entities facilitate their use for the receipt of documents or applications and remission of their decisions to the administered persons. (*)

(*) In accordance with the , published on 04 May 2022, the modification of paragraph 123.2 of article 123 of Law No. 27444 was ordered, corresponding to this numeral, as detailed in the cited article.

Sole Article of Law No. 31465 134.3 When remote data transmission means are used, the respective writing or resolution must be physically submitted within the third day, with whose compliance it shall be understood as received on the date of sending of the electronic mail or facsimile.(*)(**)

(Text according to article 123 of Law No. 27444)

(*) In accordance with the , published on , in case the Municipalities competent to process the Single Application for Installation of Telecommunications Infrastructure - SUIIT digital, have remote data transmission systems, the application of numeral 3 of this article is suspended, until 31 December 2020, or for the period that the National Health Emergency declared by Supreme Decree No. 008-2020-SA and/or extensions lasts, in case it exceeds the indicated date.

Second Complementary Transitory Provision of Legislative Decree No. 1477 08 May 2020 (*) In accordance with the , published on 10 May 2020, the suspension until 31 December 2020 of the application of numeral 123.3 of article 123 of Law No. 27444, General Administrative Procedure Law (Numeral 134.3 of Article 134 of the TUO approved by this Supreme Decree), is ordered, regarding the obligation of physical submission of the writing or documentation by the administered persons. When the administered person uses remote transmission means, the date of receipt is considered to be the date on which the documentation is registered through the digital means used by the entity. Said suspension may be extended by Supreme Decree endorsed by the President of the Council of Ministers for purposes of administrative simplification, digital government or digital transformation of the State. Subsequently, through the , published on 30 December 2020, the suspension period established in the first paragraph of the Fourth Complementary Transitory Provision of Legislative Decree No. 1497 is extended, from 01 January to 31 December 2021, regarding the obligation of physical submission of the writing or documentation by the administered persons.

Fourth Complementary Transitory Provision of Legislative Decree No. 1497

Article 2 of Supreme Decree No. 205-2020-PCM (**) In accordance with the , published on 04 May 2022, the modification of paragraph 123.3 of article 123 of Law No. 27444 was ordered, corresponding to this numeral, as detailed in the cited article.

Sole Article of Law No. 31465

Article 135.- Obligations of reception units 135.1 Documentary reception units guide the administrated party in the submission of their applications and forms, being obliged to receive them and enter them in order to initiate or advance the procedures , without in any case being able to qualify, deny or defer their admission.

135.2 Whoever receives the applications or forms must note under their signature on the document itself, the time, date and place of receipt, the number of pages it contains, the mention of the documents

accompanying it and of the copy submitted. As proof of receipt, the submitted copy is delivered, processed with the respective annotations and registered, without prejudice to other additional modalities that may be convenient to extend due to the nature of the procedure.

(Text according to article 124 of Law No. 27444)

Article 136.- Observations to documentation submitted 136.1 All forms or writings submitted must be received, even if they fail to meet the requirements established in this Law, are not accompanied by the corresponding documents or are affected by another formal defect or omission provided for in the TUPA, which merits correction. In a single act and only once, the reception unit at the time of submission makes the observations for non-compliance with requirements that cannot be remedied ex officio, inviting the administrated party to rectify them within a maximum period of two business days.

136.2 The observation must be noted under the signature of the receiver on the application and on the copy that the administrated party will keep, with the respective allegations if any, indicating that, if not done so, their request will be deemed not submitted.

136.3 While the rectification is pending, the following rules apply:

136.3.1 The computation of deadlines for administrative silence to take effect, or for the submission of the application or appeal, does not proceed.

136.3.2 The automatic approval of the administrative procedure does not proceed, if applicable.

136.3.3 The unit does not forward the application or form to the competent dependency for its actions in the procedure.

136.4 Once the deadline has passed without the rectification occurring, the entity considers the application or form as not submitted and returns it with its documents when the interested party appears to claim them, reimbursing the amount of the processing fees that had been paid.

136.5 If the documentation submitted does not conform to what is required, preventing the continuation of the procedure, which by its nature could not have been noticed by the reception unit at the time of submission, as well as if an action by the administrated party is necessary to continue with the procedure, the Administration , only once, must immediately summon the administrated party, so that they carry out the corresponding rectification . While said rectification is pending, the rules established in numerals 136.3.1 and 136.3.2 apply. If the required rectification is not made in a timely manner, the provisions of numeral 136.4 apply.

In this case, the complaint referred to in numeral 137.2 of article 137 is not applicable, unless the Administration again summons the administrated party to make additional rectifications.

(Text according to article 125 of Law No. 27444, modified according to article 2 of Legislative Decree No. 1272)

136.6 In the case of administrative procedures initiated through electronic means, which do not include the corresponding documents or suffer from another formal defect or omission provided for in the TUPA that cannot be remedied ex officio, the competent authority requires rectification through the same means, in a single act and only once within a maximum period of two (2) business days.

It corresponds to the administrated party to present the information to rectify the defect or omission within a period

maximum of two (2) business days following the request by the competent authority.

While said rectification is pending, the rules established in numerals 136.3.1 and 136.3.2 apply. If the required rectification is not made in a timely manner, the provisions of numeral 136.4 apply.

(Numeral incorporated according to article 3 of Legislative Decree No. 1452)

Article 137.- Documentary rectification 137.1 Once the writing is submitted or the rectification is duly made, it is considered received from the initial document, unless the procedure confers registry priority or it is a trilateral procedure, in which case the submission operates from the rectification.

137.2 The entities of the Public Administration are obliged to carry out a comprehensive review of compliance with all the requirements of the applications submitted by the administrated parties and, in a single opportunity and in a single document, formulate all the observations and requirements that correspond.

Without prejudice to the provisions of the preceding paragraph, the entity retains the power to require solely and exclusively the rectification of those requirements that have not been rectified by the administrated party or whose rectification is not satisfactory, in accordance with the provisions of the corresponding norm . In no case may the entity make new observations invoking the power indicated in this paragraph.

137.3 Non-compliance with this obligation constitutes an administrative offense punishable in accordance with the provisions of article 261.

137.4 Without prejudice to the foregoing, the breach of this obligation also constitutes an illegal bureaucratic barrier, and the sanctions established in the regulations on the prevention and elimination of bureaucratic barriers shall be applicable. This is without prejudice to the obligation of the administered party to remedy the observations made.

(Text according to article 126 of Law No. 27444, amended according to article 2 of Legislative Decree No. 1272)

Article 138.- Regime of certifying officers When document authentication requirements are established, the administered party may resort to the regime of certifying officers described below:

1. Each entity designates institutional certifying officers assigned to its document reception units, in a number proportional to its service needs, who, without exclusion from their ordinary duties, provide their services free of charge to the administered parties.

2. The certifying officer has as a highly personal task to verify and authenticate, after comparison between the original exhibited by the administered party and the copy presented, the fidelity of the content of the latter for its use in the entity's procedures, when in the administrative proceeding the attachment of documents is required or the administered party wishes to attach them as evidence. They may also, at the request of the administered parties, certify signatures after verifying the identity of the signer, for the specific administrative actions in which it is necessary.

3. In case of complexity arising from the accumulation or the nature of the documents to be authenticated, the

documentary processing unit consults the administered party on the possibility of retaining the originals, for which a certificate of retention of the documents shall be issued to the administered party, for a maximum term of two business days, in order to certify the corresponding reproductions. Once this is completed, it returns the aforementioned originals to the administered party.

4. The entity may require at any stage of the procedure the exhibition of the original presented for authentication by the certifying officer.

(Text according to article 127 of Law No. 27444)

Article 139.- Administrative power to authenticate own acts The power to perform authentications attributed to certifying officers does not affect the administrative power of the authorities to attest to the authenticity of the documents they themselves have issued.

(Text according to article 128 of Law No. 27444)

Article 140.- Ratification of signature and content of the writing 140.1 In case of doubt about the authenticity of the administered party's signature or lack of clarity about the points of their request, as a first action, the authority may notify them so that within a reasonable period they ratify the signature or clarify the content of the writing, without prejudice to the continuation of the procedure.

140.2 The ratification may be made by the administered party in writing or by appearing at the entity, in which case the respective record shall be drawn up, which is added to the file.

140.3 The improvement of the request by the administered party is appropriate, in the cases referred to in this

article.

(Text according to article 129 of Law No. 27444)

Article 141.- Presentation of writings before incompetent bodies 141.1 When a request is filed that is considered to be within the competence of another entity, the receiving entity must forward it, within the term of the distance, to the one it considers competent, communicating said decision to the administered party. In this case, the computation of the period to resolve shall begin on the date the competent entity receives the request.

141.2 If the entity perceives its incompetence but is not certain about the competent entity, it shall notify said situation to the administered party so that they adopt the decision most convenient to their right.

CHAPTER IV Periods and Terms (Text according to article 130 of Law No. 27444)

Article 142.- Mandatory nature of periods and terms 142.1 The periods and terms are understood as maximums, are computed independently of any formality, and bind the administration and the administered parties equally, without need for compulsion, in what respectively concerns them. The periods for the pronouncement of the entities, in the administrative procedures, are counted from the day following the date on which the administered party

presented their request, unless a remedy has been required, in which case they are counted once this has been made.

142.2 Every authority must comply with the terms and periods under its charge, as well as supervise that subordinates comply with those of their own level.

142.3 It is the right of the administered parties to demand compliance with the periods and terms established for each action or service.

(Text according to article 131 of Law No. 27444, amended according to article 2 of Legislative Decree No. 1272)

Article 143.- Maximum periods to carry out procedural acts In the absence of a period established by express law, the actions must occur within the following:

1. For receipt and referral of a writing to the competent unit: within the same day of its presentation.

2. For mere procedural acts and deciding requests of that nature: within three days.

3. For issuance of opinions, expert reports, reports and similar: within seven days after being requested; it may be extended to three more days if the proceeding requires travel outside its headquarters or the assistance of third parties.

4. For acts charged to the administered party required by the authority, such as delivery of information, response to questions on which they must pronounce: within ten days of being requested.

(Text according to article 132 of Law No. 27444)

Article 144.- Start of computation 144.1 The period expressed in days is counted from the business day following that on which the notification or publication of the act is made, unless it indicates a later date, or unless successive publications are necessary, in which case the computation begins from the last one.

144.2 The period expressed in months or years is counted from the notification or publication of the respective act, unless the latter provides for a later date.

(Text according to article 133 of Law No. 27444)

Article 145.- Passage of the period 145.1 When the period is indicated in days, it shall be understood as consecutive working days, excluding from the count those non-working days of the service, and non-working holidays of national or regional order.

145.2 When the last day of the period or the determined date is a non-working day or for any other circumstance the attention to the public that day does not function during normal hours, they are understood to be extended to the first following working day.

145.3 When the period is set in months or years, it is counted from date to date, concluding on the same day of the month or year in which it began, completing the number of months or years set for the lapse. If in the month of expiration there is no day equal to the one on which the count began, it is understood that the period expires on the

first working day of the following calendar month.

(Text according to article 134 of Law No. 27444)

Article 146.- Distance term 146.1 To the computation of the periods established in the administrative procedure, the distance term provided between the place of domicile of the administered within the national territory and the place of the reception unit closest to it empowered to carry out the respective action is added.

146.2 The table of distance terms is approved by the competent authority.

In the event that the head of the entity has not approved the corresponding table of distance terms, it must apply the regime established in the General Table of Distance Terms approved by the Judicial Power.

(Text according to article 135 of Law No. 27444, modified according to article 2 of Legislative Decree No. 1272)

Article 147. Non-extendable periods 147.1 The periods set by express norm are non-extendable, except for an enabling provision to the contrary.

147.2 The competent authority may grant an extension to the periods established for the taking of evidence or for the issuance of reports or opinions, when the administered or the officials, respectively, so request before their expiration.

147.3 The extension is granted only once by express decision, provided that the period has not been harmed by a cause attributable to the applicant and provided that it does not affect the rights of third parties.

147.4 In the case of procedures initiated at the request of a party with application of positive administrative silence, in the event that the administered must carry out a procedural step under its responsibility necessary to adopt a substantive decision, it may request the suspension of the computation of the procedure's period for a period of up to thirty (30) working days.

(Text according to article 136 of Law No. 27444, modified according to article 2 of Legislative Decree No. 1272)

Article 148.- Regime for non-working days 148.1 The Executive Power sets by supreme decree, within the national geographic scope or any particular one, the non-working days, for the purpose of computing administrative periods.

148.2 This norm must be previously published and permanently disseminated in the premises of the entities, in order to allow its knowledge to the administered.

148.3 The entities cannot unilaterally disable days, and, even in case of force majeure that prevents the normal functioning of their services, they must guarantee the maintenance of the service of their documentary reception unit.

(Text according to article 137 of Law No. 27444)

Article 149. Regime of working hours

The attention schedule of the entities for the performance of any action is governed by the following rules:

1. Working hours are those corresponding to the schedule set for the functioning of the entity, without in any case the attention to users being less than eight consecutive hours per day.

2. The daily attention schedule is established by each entity complying with a period not coinciding with the ordinary workday, to favor the fulfillment of the obligations and actions of the citizenry. For this purpose, it distributes its personnel in shifts, complying with workdays no greater than eight hours per day.

3. The attention schedule is continuous to provide its services to all matters within its competence, without dividing it to attend some on certain days or hours, nor affecting its development for personal reasons.

4. The attention schedule concludes with the provision of service to the last person appearing within the working hours.

5. Acts of a continuous nature initiated during working hours are concluded without affecting their validity after the attention schedule, unless the administered consents to defer them. Such consent must be recorded in an indubitable manner.

6. In each service, the time followed by the entity governs; in case of doubt or in the absence thereof, the official time must be verified at the act, if possible, which shall prevail.

(Text according to article 138 of Law No. 27444, modified according to article 2 of Legislative Decree No. 1272)

Article 150.- Computation of calendar days 150.1 In the case of the period for the fulfillment of internal procedural acts under the responsibility of the entities, the legal norm may establish that its computation be in calendar days, or that the term expires with the conclusion of the last day even if it is a non-working day.

150.2 When a law indicates that the computation of the period for a procedural act under the responsibility of the administered be in calendar days, this circumstance is expressly advised in the notification.

(Text according to article 139 of Law No. 27444)

Article 151.- Effects of the expiration of the period 151.1 The period expires at the last moment of the set working day, or early, if before that date the actions for which it was established are fulfilled.

151.2 Upon the expiration of a non-extendable period to carry out an action or exercise a procedural right, after prior warning, the entity declares the right to the corresponding act forfeited, notifying the decision.

151.3 The expiration of the period to fulfill an act incumbent upon the Administration does not exempt it from its obligations established in accordance with public order. Administrative action taken after the deadline is not affected by nullity, unless the law expressly provides otherwise due to the peremptory nature of the period.

151.4 Preclusion due to the expiration of administrative periods operates in trilateral, competitive procedures, and in those where, because there are two or more administered parties with divergent interests, equal treatment must be ensured.

(Text according to article 140 of Law No. 27444)

Article 152.- Acceleration of periods The authority in charge of the instruction of the procedure, by means of an non-appealable decision, may reduce the periods or advance the terms, directed at the administration, attending to reasons of opportunity or convenience of the case.

(Text according to article 141 of Law No. 27444)

Article 153.- Maximum period of the administrative procedure The period that elapses from the initiation of an administrative procedure of prior evaluation until the respective resolution is issued may not exceed thirty days, unless the law establishes procedures whose fulfillment requires a longer duration.

(Text according to article 142 of Law No. 27444)

Article 154.- Responsibility for non-compliance with periods 154.1 The unjustified non-compliance with the periods provided for the actions of the entities generates disciplinary responsibility for the obligated authority, without prejudice to civil responsibility for the damages and losses that may have been caused.

154.2 Responsibility also jointly reaches the hierarchical superior, for omission in supervision, if the non-compliance were repetitive or systematic.

(Text according to article 143 of Law No. 27444)

CHAPTER V Ordering of the Procedure

Article 155.- Unity of view Administrative procedures are developed ex officio, in a simple and effective manner without recognizing determined forms, procedural phases, rigid procedural moments to carry out certain actions or respond to precedence among them, unless expressly provided otherwise by law in special procedures.

(Text according to article 144 of Law No. 27444)

Article 156.- Impulse of the procedure The competent authority, even without a request from a party, must promote any action that is necessary for its processing, overcome any obstacle that opposes the regular processing of the procedure;

determine the applicable norm to the case even if it has not been invoked or the legal citation were erroneous; as well as avoid obstruction or delay due to unnecessary or merely formal steps, adopting the opportune measures to eliminate any irregularity produced.

(Text according to article 145 of Law No. 27444)

Article 157.- Precautionary measures 157.1 Once the procedure is initiated, the competent authority, by means of a reasoned decision and with sufficient elements of judgment, may adopt, provisionally under its responsibility, the precautionary measures established in this Law or other applicable legal provisions, by means of a reasoned decision, if there were a possibility that without their adoption the effectiveness of the resolution to be issued is at risk.

157.2 The precautionary measures may be modified or lifted during the course of the procedure, ex officio or at the request of a party, by virtue of supervening circumstances or that could not have been considered at the time of their adoption.

157.3 The measures expire by operation of law when the resolution that ends the procedure is issued, when the period fixed for their execution has elapsed, or for the issuance of the resolution that ends the procedure.

157.4 Measures that may cause harm of impossible reparation to the administered parties may not be issued.

(Text according to article 146 of Law No. 27444)

Article 158.- Questions distinct from the main matter 158.1 The questions raised by the administered parties during the processing of the procedure on extremes distinct from the main matter do not suspend its progress, and must be resolved in the final resolution of the instance, unless expressly provided otherwise by law.

158.2 Such questions, in order to be substantiated jointly with the main one, may be raised and argued before the allegation. After this moment, they may be asserted exclusively in the appeal.

158.3 When the law provides for an anticipated decision on the questions, for purposes of their challenge, the resolution issued under these conditions is considered provisional in relation to the final act.

158.4 The approaches distinct from the substantive matter that in the opinion of the instructor are not linked to the validity of procedural acts, to due process or that are not connected to the claim, shall be rejected outright, without prejudice to the administered party being able to raise the question when appealing against the resolution that concludes the instance.

(Text according to article 147 of Law No. 27444)

Article 159.- Rules for celerity To ensure compliance with the principle of celerity of procedures, the following rules are observed:

1. In the impulse and processing of cases of the same nature, the order of entry is rigorously followed, and they are resolved as their state permits, informing the superior of the reasons for delay in compliance with the legal periods, which cannot be removed ex officio.

2. In a single decision, compliance with all necessary procedures that by their nature correspond shall be ordered, as long as they are not successively subordinated to each other in their

compliance, and all possible evidentiary steps and actions shall be concentrated in a single act, endeavoring to carry out the procedure in the fewest possible procedural acts.

3. When requesting procedures to be carried out by other authorities or by the administered parties, the final deadline for their compliance must be recorded with a certain date, as well as the warning, if provided for in the regulations.

4. In no case may the processing of files or the provision of the service be affected by the absence, occasional or not, of any authority. Authorities who, for reasons of leave, vacations or other temporary or permanent reasons, are absent from their workplace, shall hand over to their replacement or to their hierarchical superior the documents and files under their charge, with the knowledge of the administered parties.

5. When the motivation of several resolutions is identical, mass-production means may be used, provided that it does not impair the legal guarantees of the administered parties; however, each one shall be considered an independent act.

6. The competent authority, in order to advance the procedure, may entrust to an immediate subordinate the performance of specific procedural steps, or request the collaboration of another authority for their performance. In collegiate bodies, such action must fall to one of its members.

7. In no case may the authority allege deficiencies of the administered party not noticed at the time of filing the application, as grounds for denying their claim.

(Text according to article 148 of Law No. 27444)

Article 160.- Joinder of procedures The authority responsible for the instruction, on its own initiative or at the request of the administered parties, shall order by non-appealable resolution the joinder of pending procedures that are connected.

(Text according to article 149 of Law No. 27444)

Article 161.- Single file rule 161.1 Only one file may be organized for the resolution of the same case, in order to keep together all actions for resolution.

161.2 When the application refers to a single claim, a single file shall be processed and one authority shall intervene and resolve, which shall request from the bodies or other authorities the reports, authorizations and agreements that are necessary, without prejudice to the right of the administered parties to initiate the pertinent procedures themselves and to submit the pertinent documents.

(Text according to article 150 of Law No. 27444)

Article 162.- Documentary information Documents, minutes, forms and administrative files shall be standardized in their presentation so that each kind or type thereof has equal characteristics.

(Text according to article 151 of Law No. 27444)

Article 163.- External presentation of files

163.1 Files are collated following the regular order of the documents that comprise them, forming consecutive bodies that do not exceed two hundred folios, except when such limit would require dividing writings or documents that constitute a single text, in which case their unity shall be maintained.

163.2 All actions must be foliated, and this shall be maintained during their processing. Files that are incorporated into others do not continue their foliation, leaving a record of their aggregation and their number of sheets.

(Text according to article 152 of Law No. 27444)

Article 164.- Intangibility of the file 164.1 The content of the file is intangible, and no amendments, alterations, interlineations or additions may be introduced into the documents once they have been signed by the competent authority. If necessary, an express and detailed record of the modifications introduced must be left.

164.2 Removals may be requested verbally and are granted with a record by the instructor and the applicant, indicating date and folios, leaving a certified copy in the corresponding place, with the respective foliation.

164.3 Entities may use microform technology and computer means for the archiving and processing of files, providing for the security, inalterability and integrity of their content, in accordance with the regulations on the matter.

164.4 If a file is lost, the administration has the obligation, under responsibility, to reconstruct it, regardless of the request of the interested party; for this purpose, the rules contained in article 140 of the Civil Procedure Code shall apply, to the extent applicable.

(Text according to article 153 of Law No. 27444)

Article 165.- Use of forms 165.1 Entities shall provide for the use of forms that may be freely reproduced and distributed free of charge, by means of which the administered parties, or a servant at their request, by completing data or marking the alternatives presented, provide the usual information deemed sufficient, without the need for another presentation document. They are particularly used when the administered parties must provide information to comply with legal requirements and in automatic approval procedures.

165.2 They are also used when authorities must resolve a large number of homogeneous files, as well as for recurring actions and resolutions, which are previously authorized.

(Text according to article 154 of Law No. 27444)

Article 166.- Models of recurring writings 166.1 For informational purposes, entities shall make available to the administered parties models of the most frequently used writings in their services.

166.2 In no case shall adherence to these models be considered mandatory, nor may their use cause adverse consequences for the user.

(Text according to article 155 of Law No. 27444)

Article 167. Preparation of minutes 167.1 The statements of the administered parties, witnesses and experts shall be documented in minutes, the preparation of which follows the following rules:

1. The minutes indicate the place, date, names of the participants, purpose of the proceeding and other relevant circumstances, and must be drawn up, read and signed immediately after the proceeding, by the declarants, the administrative authority and by the participants who wish to record their statement.

2. When the statements or proceedings are recorded, by consensus between the authority and the administered parties, the minutes may be concluded within the fifth day of the act, or, as the case may be, before the final decision.

3. The administered parties may record in the minutes the observations they deem necessary regarding what occurred during the corresponding proceeding.

167.2 In administrative inspection and supervision procedures, the administered parties may also offer evidence regarding the facts documented in the minutes.

(Text according to article 156 of Law No. 27444, modified according to article 2 of Legislative Decree No. 1272)

Article 168.- Documentary security measures The entities shall apply the following documentary security measures:

1. Establish a single system for identifying all writings and documents filed with it, comprising progressive numbering and the date, and it shall keep an invariable numbering for each file, which shall be maintained through all successive actions, whatever the organs or authorities of the body involved.

2. Keep the records of notification, publication or delivery of information on the acts, acknowledgments of receipt and all documents necessary to prove the completion of the proceedings, with the certification of the instructor as to their due compliance.

3. On the cover page, the organ and the name of the authority must be recorded, with the responsibility in charge of the procedure and the final deadline for handling the file.

4. Under no circumstances shall a double or false file be created.

(Text according to article 157 of Law No. 27444)

Article 169.- Complaint for procedural defects 169.1 At any time, the administered parties may file a complaint against procedural defects and, in particular, those involving paralysis, infringement of legally established deadlines, breach of functional duties or omission of procedures that must be remedied before the final resolution of the matter at the respective instance.

169.2 The complaint is filed before the hierarchical superior of the authority handling the procedure, citing the duty infringed and the rule requiring it. The superior authority resolves the complaint within the following three days, after transferring it to the complained party, so that they may submit the report they deem

appropriate on the day following the request.

169.3 Under no circumstances shall the processing of the procedure in which a complaint has been filed be suspended, and the resolution shall be non-appealable.

169.4 The authority hearing the complaint may, with reasons, order that another official of similar hierarchy to the complained party take over knowledge of the matter.

169.5 If the complaint is declared founded, the pertinent corrective measures shall be issued regarding the procedure, and in the same resolution the initiation of the necessary actions to sanction the responsible party shall be ordered.

(Text according to article 158 of Law No. 27444)

CHAPTER VI Instruction of the Procedure

Article 170.- Instruction acts 170.1 The instruction acts necessary for the determination, knowledge and verification of the data on the basis of which the resolution must be issued shall be carried out ex officio by the authority in charge of processing the prior evaluation procedure, without prejudice to the right of the administered parties to propose evidentiary actions.

170.2 It is prohibited to carry out as instruction acts the routine request for prior reports, requirements for approvals or any other act that does not provide objective value to what has been done in the specific case, according to its nature.

(Text according to article 159 of Law No. 27444)

Article 171.- Access to the file 171.1 The administered parties, their representatives or their lawyer have the right of access to the file at any time during its processing, as well as to its documents, background, studies, reports and opinions, to obtain certifications of its status and to obtain copies of the pieces it contains, upon payment of their cost. Only those actions, proceedings, reports or opinions that contain information whose knowledge may affect their right to personal or family privacy and those expressly excluded by law or for reasons of national security in accordance with the provisions of paragraph 5) of article 2 of the Political Constitution are excepted. Additionally, matters protected by banking, tax, commercial and industrial secrecy are excepted, as well as all those documents that imply a prior pronouncement by the competent authority.

171.2 The request for access to the file may be made verbally, without the need to request it through the transparency and access to public information procedure, being granted immediately, without the need for an express resolution, in the office where the file is located, even if it is not the document reception unit.

(Text according to article 160 of Law No. 27444, modified according to article 2 of Legislative Decree No. 1272)

Article 172.- Allegations

administered parties may at any time during the procedure submit allegations, provide documents or other elements of judgment, which shall be analyzed by the authority when resolving.

172.2 In administrative sanctioning procedures, or in the case of acts imposing a burden on the administered party, a resolution shall be issued only after granting a peremptory period of no less than five days to present their arguments or the corresponding exculpatory evidence.

(Text according to article 161 of Law No. 27444)

Article 173.- Burden of proof 173.1 The burden of proof is governed by the principle of ex officio impetus established in this Law.

173.2 It is incumbent upon the administered to provide evidence through the submission of documents and reports, propose expert evidence, testimonies, inspections and other permitted proceedings, or adduce allegations.

(Text according to article 162 of Law No. 27444)

Article 174.- Evidentiary action 174.1 When the administration does not consider the facts alleged by the administered to be certain or the nature of the procedure so requires, the entity orders the taking of evidence, following the criterion of procedural concentration, setting a period that for this purpose shall be no less than three days nor more than fifteen, counted from its proposal. It may only reject with reasons the means of proof proposed by the administered, when they are not related to the substance of the matter, are inadmissible or unnecessary.

174.2 The administrative authority notifies the administered, with no less than three days' advance notice, of the evidentiary action, indicating the place, date and time.

174.3 Supervening evidence may be presented provided that no final resolution has been issued.(*)

(Text according to article 163 of Law No. 27444)

(*) In accordance with the , published on , once the four (04) year period for the execution of the project has concluded, PEJEZA, through its Private Investment Promotion Management, carries out the inspection of the property, with the participation of the awardee, who must be previously notified of the carrying out of said activity, in accordance with the provisions of numeral 174.2 of this

article. The notification must be made at the domicile of the awardee indicated in the application for acceptance of the provisions of Supreme Decree No. 013-2018-MINAGRI.

Numeral 17.1 of Article 17 of Ministerial Resolution No. 0018-2020-MINAGRI 18 January 2020

Article 175.- Omission of evidentiary action Entities may dispense with the taking of evidence when they decide exclusively based on the facts raised by the parties, if they consider them certain and congruent for their resolution.

(Text according to article 164 of Law No. 27444)

Article 176.- Facts not subject to evidentiary action No evidence shall be taken regarding public or notorious facts, regarding facts alleged by the parties whose proof is in the entity's archives, regarding those that have been verified on the occasion of the

exercise of its functions, or subject to the presumption of veracity, without prejudice to its subsequent oversight.

(Text according to article 165 of Law No. 27444)

Article 177.- Means of proof The facts invoked or that are conducive to deciding a procedure may be the subject of all necessary means of proof, except those prohibited by express provision. In particular, in the administrative procedure the following are appropriate:

1. Gather background information and documents.

2. Request reports and opinions of any type.

3. Grant a hearing to the administered parties, examine witnesses and experts, or obtain written statements from them.

4. Consult documents and records.

5. Conduct on-site inspections.

(Text according to article 166 of Law No. 27444)

Article 178.- Request for documents from other authorities 178.1 The administrative authority responsible for processing the matter shall request from the directly competent authorities the pre-existing documents or background information it deems appropriate for the resolution of the matter, without suspending the processing of the file.

178.2 When the request is made by the administered party to the instructor, they must indicate the entity where the documentation is held and, if it belongs to an administrative file held by another entity, they must undeniably prove its existence.

(Text according to article 167 of Law No. 27444)

Article 179.- Submission of documents between authorities 179.1 The documents and background information referred to in the previous article must be sent directly by the person requested within a maximum period of three days, if requested within the same entity, and five days in all other cases.

179.2 If the requested authority considers a longer period necessary, it shall immediately inform the requesting party, indicating the period it deems necessary, which may not exceed ten days.

(Text according to article 168 of Law No. 27444)

Article 180.- Request for evidence from administered parties 180.1 The authority may require administered parties to communicate information, present documents or goods, submit to inspections of their goods, as well as their collaboration for the practice of other means of evidence. For this purpose, the request is sent mentioning the date, period, form and conditions for its compliance.

180.2 The rejection of the requirement provided in the previous paragraph shall be legitimate when the subjection implies:

the violation of professional secrecy, a disclosure prohibited by law, directly supposes the disclosure of prosecutable facts carried out by the administered party, or affects constitutional rights. In no case does this exception cover the falsification of facts or reality.

180.3 The acceptance of this exception shall be freely assessed by the authority according to the circumstances of the case, without this exempting the administrative body from the search for the facts or from issuing the corresponding resolution.

(Text according to article 169 of Law No. 27444)

Article 181.- Supplementary regulations In matters not provided for in this section, documentary evidence shall be governed by articles 46 and 47.

(Text according to article 170 of Law No. 27444)

Article 182.- Presumption of the quality of reports 182.1 Administrative reports may be mandatory or optional and binding or non-binding.

182.2 Opinions and reports shall be presumed optional and non-binding, with the exceptions of law.

(Text according to article 171 of Law No. 27444)

Article 183.- Request for reports 183.1 Entities only request reports that are mandatory in the legislation or those that they judge absolutely indispensable for the clarification of the matter to be resolved. The request must indicate with precision and clarity the issues on which its pronouncement is deemed necessary.

183.2 The request for legal reports or opinions is reserved exclusively for matters in which the legal basis of the claim is reasonably debatable, or the facts are legally controverted, and such situation cannot be elucidated by the instructor himself.

183.3 The informant, within two days of receipt, may return without a report any file in which the request fails to comply with the preceding paragraphs, or when it is deemed that only confirmation of other reports or decisions already adopted is required.

(Text according to article 172 of Law No. 27444)

Article 184.- Submission of reports 184.1 Every authority, when formulating reports or draft resolutions, bases its opinion succinctly and establishes express and clear conclusions on all issues raised in the request, and concretely recommends the courses of action to be followed, when these correspond, signing them with its usual signature, stating its name, surname and position.

184.2 The report or opinion does not incorporate into its text the extract of previous proceedings nor reiterates data that appear in the file, but shall refer by its folio every antecedent that allows illustrating for its better resolution.

(Text according to article 173 of Law No. 27444)

Article 185.- Omission of report

185.1 If the report is not received within the indicated term, the authority may alternatively, according to the circumstances of the case and administrative relationship with the informant: dispense with the report or summon the informant so that on a single date and in a session, to which the administered party may attend, he presents his opinion verbally, of which minutes shall be drawn up and attached to the file, without prejudice to the responsibility incurred by the official guilty of the delay.

185.2 The Law may expressly establish in procedures initiated by the administered parties that if binding reports are not received within the legal term, it shall be understood that there is no technical or legal objection to the approach submitted for its opinion.

185.3 The report submitted extemporaneously may be considered in the corresponding resolution.

(Text according to article 174 of Law No. 27444)

Article 186.- Witnesses 186.1 The proponent of the witness evidence has the burden of the appearance of the same at the place, date and time set. If the witness does not attend without just cause, his testimony shall be dispensed with.

186.2 The administration may freely interrogate the witnesses and, in case of contradictory statements, may order confrontations, even with the administered parties.

(Text according to article 175 of Law No. 27444)

Article 187.- Expert appraisal 187.1 The administered parties may propose the appointment of experts at their own cost, and must at the same time indicate the technical aspects on which they must pronounce.

187.2 The administration shall refrain from contracting experts on its part, and must request technical reports of any type from its personnel or from technical entities suitable for said purpose, preferably among the faculties of public universities.

(Text according to article 176 of Law No. 27444)

Article 188.- Evidentiary action of public authorities The authorities of entities do not provide confession, except in internal procedures of the administration; without prejudice to being susceptible to providing evidentiary elements as witnesses, informants or experts, if applicable.

(Text according to article 177 of Law No. 27444)

Article 189.- Expenses of evidentiary proceedings In the case that the performance of evidence proposed by the administered party entails the realization of expenses that the entity should not rationally bear, it may require the anticipated deposit of such costs, chargeable to the final settlement that the instructor shall make documented to the administered party, once the evidence has been produced.

(Text according to article 178 of Law No. 27444)

Article 190.- Evidentiary proceedings that affect third parties Third parties have the duty to collaborate for the proof of the facts with respect for their constitutional rights.

(Text according to article 179 of Law No. 27444)

Article 191.- Draft resolution When the instructing authority is different from the one competent to resolve, the instructing authority prepares a final report in which it shall gather the most relevant aspects of the act that promoted it, as well as a summary of the content of the instruction, analysis of the evidence instructed, and shall formulate in its concordance a draft resolution.

(Text according to article 180 of Law No. 27444)

CHAPTER VII Participation of the administered parties

Article 192.- Open administration In addition to the means of access to participation in public affairs established by other norms, in the instruction of administrative procedures the entities are governed by the provisions of this Chapter on the hearing of the administered parties and the period of public information.

(Text according to article 181 of Law No. 27444)

Article 193.- Public hearing 193.1 Administrative rules provide for the convening of a public hearing, as an essential formality for the effective participation of third parties, when the act to which the administrative procedure leads is likely to affect rights or interests held by indeterminate persons, such as in environmental matters, public savings, cultural and historical values, consumer rights, urban planning and zoning; or when the decision on authorizations, licenses or permits that the act enables directly affects public services.

193.2 In the public hearing any third party, without the need to prove special standing, is entitled to present verified information, to request the analysis of new evidence, as well as to express their opinion on the issues that constitute the object of the procedure or on the evidence produced. It is not appropriate to address questions to the authority at the hearing.

193.3 The omission of holding the public hearing entails the nullity of the final administrative act issued.

193.4 The expiration of the period provided in Article 153, without the public hearing having been held, determines the operation of the negative administrative silence, without prejudice to the responsibility of the authorities obliged to convene it.

(Text according to Article 182 of Law No. 27444)

Article 194.- Convening of the public hearing

The convening of the public hearing must be published in the Official Gazette or in one of the media with the greatest local circulation, according to the nature of the matter, with a notice of not less than three

(3) days prior to its holding, and must indicate: the convening authority, its object, the day, place and time of holding, the deadlines for registration of participants, the address and telephone number of the convening entity, where registration can be made, where further information on the matter can be accessed, or where arguments, challenges and opinions can be submitted.

(Text according to Article 183 of Law No. 27444)

Article 195.- Development and effects of the public hearing 195.1 Attendance at the hearing does not, by itself, grant the status of participant in the procedure.

195.2 Non-attendance at the hearing does not prevent those with standing in the procedure as interested parties from submitting arguments or appeals against the resolution.

195.3 The information and opinions expressed during the public hearing are recorded without generating debate, and are advisory and non-binding for the entity.

195.4 The instructing authority must state explicitly, in the grounds of its decision, how it has taken into account the opinions of the public and, where applicable, the reasons for rejecting them.

(Text according to Article 184 of Law No. 27444)

Article 196.- Public information period 196.1 When any aspect of general interest other than those provided in the preceding article is subject to decision by the authority, where it is objectively appreciated that the participation of unspecified third parties may assist in verifying any state, information or any legal requirement not evidenced in the file by the authority, the instructor shall open a period of not less than three nor more than five business days to receive—by the broadest possible means—their statements on the matter, before resolving the procedure.

196.2 The public information period should be convened particularly before approving administrative rules that affect citizens' rights and interests, or to decide on the granting of licenses or authorizations to carry out activities of general interest, and to appoint officials to principal positions in the entities, or even in the case of any position when it is required as an express condition to have an unblemished conduct or any analogous circumstance.

196.3 The convening, development and consequences of the public information period shall follow, in matters not provided in this Chapter, as applicable, the rules of the public hearing.

(Text according to Article 185 of Law No. 27444)

CHAPTER VIII End of the Procedure

Article 197.- End of the procedure 197.1 The procedure shall be ended by resolutions that rule on the merits of the matter, positive administrative silence, negative administrative silence in the case referred to in paragraph 199.4

of Article 199, withdrawal, declaration of abandonment, agreements adopted as a consequence of conciliation or extrajudicial settlement intended to end the procedure, and the effective provision of what was requested in accordance with the administered party in the case of a discretionary petition.

197.2 The procedure shall also be ended by the resolution that so declares for supervening causes that determine the impossibility of continuing it.

(Text according to Article 186 of Law No. 27444)

Article 198.- Content of the resolution 198.1 The resolution that ends the procedure shall comply with the requirements of the administrative act indicated in Chapter One of Title One of this Law.

198.2 In procedures initiated at the request of the interested party, the resolution shall be consistent with the requests made by the latter, without in any case aggravating their initial situation and without prejudice to the administration's power to initiate a new procedure ex officio, if appropriate.

(Text according to Article 187 of Law No. 27444)

Article 199.- Effects of administrative silence 199.1. Administrative procedures subject to positive administrative silence shall be automatically approved in the terms in which they were requested if, after the established or maximum period, to which the maximum period indicated in numeral 24.1 of Article 24 shall be added, the entity has not notified the respective decision. The sworn declaration referred to in article 37 is not necessary to exercise the right resulting from positive administrative silence before the same entity.

199.2 Positive silence has, for all purposes, the character of a resolution that ends the procedure, without prejudice to the power of ex officio nullity provided for in article 213.

199.3 Negative administrative silence has the effect of enabling the administered party to file the pertinent administrative appeals and judicial actions.

199.4 Even when negative administrative silence occurs, the administration maintains the obligation to resolve, under liability, until it is notified that the matter has been submitted to the knowledge of a jurisdictional authority or the administered party has made use of the respective administrative appeals.

199.5 Negative administrative silence does not initiate the computation of periods or terms for its challenge.

199.6. In sanctioning procedures, the administrative appeals intended to challenge the imposition of a sanction shall be subject to negative administrative silence. When the administered party has opted for the application of negative administrative silence, positive administrative silence shall apply in the following resolutive instances.

(Text according to article 188 of Law No. 27444, modified according to article 2 of Legislative Decree No. 1272)

Article 200.- Withdrawal of the procedure or of the claim 200.1 The withdrawal of the procedure shall entail its conclusion, but shall not prevent the same claim from being subsequently filed again in another procedure.

200.2 The withdrawal of the claim shall prevent promoting another procedure for the same object and cause.

200.3 The withdrawal shall only affect those who have formulated it.

200.4 The withdrawal may be made by any means that allows its record and stating its content and scope. It must be expressly stated whether it is a withdrawal of the claim or of the procedure. If it is not specified, it shall be considered a withdrawal of the procedure.

200.5 The withdrawal may be made at any time before the final resolution that exhausts the administrative route is notified.

200.6 The authority shall accept the withdrawal outright and declare the procedure concluded, unless, having appeared in it interested third parties, they request its continuation within ten days from when they were notified of the withdrawal.

200.7 The authority may continue the procedure ex officio if, from the analysis of the facts, it considers that the interests of third parties could be affected or the action raised by the initiation of the procedure lacks general interest. In that case, the authority may limit the effects of the withdrawal to the interested party and shall continue the procedure.

(Text according to article 189 of Law No. 27444, modified according to article 2 of Legislative Decree No. 1272)

Article 201.- Withdrawal of administrative acts and appeals 201.1 The withdrawal of any act carried out in the procedure may be made before it has produced effects.

201.2 An administrative appeal may be withdrawn before the final resolution is notified in the instance, determining that the challenged resolution becomes final, unless other administered parties have adhered to the appeal, in which case it shall only have effect for the one who formulated it.

(Text according to article 190 of Law No. 27444)

Article 202.- Abandonment in procedures initiated at the request of the administered party In procedures initiated at the request of a party, when the administered party fails to comply with any procedure that had been required of it that produces its paralysis for thirty days, the authority, ex officio or at the request of the administered party, shall declare the abandonment of the procedure. Such resolution must be notified and the pertinent administrative appeals shall proceed against it.

(Text according to article 191 of Law No. 27444)

CHAPTER IX Execution of resolutions

Article 203.- Enforceability of the administrative act Administrative acts shall have an enforceable character, unless there is an express legal provision to the contrary, a judicial mandate, or they are subject to a condition or term according to law.

(Text according to article 192 of Law No. 27444)

Article 204.- Loss of enforceability of the administrative act 204.1 Unless there is an express norm to the contrary, administrative acts lose effectiveness and enforceability in the following cases:

204.1.1 Due to provisional suspension according to law.

204.1.2 When two (2) years have elapsed since becoming final, and the administration has not initiated the acts within its competence to execute them.

204.1.3 When the resolutory condition to which they were subject according to law is fulfilled.

204.2 When the administered party opposes the loss of enforceability at the start of the execution of the administrative act, the question is resolved without appeal in the administrative seat by the immediately superior authority, if any, prior legal report on the matter.

(Text according to article 193 of Law No. 27444, modified according to article 2 of Legislative Decree No. 1272)

Article 205.- Forced execution To proceed with the forced execution of administrative acts through its own competent bodies, or the National Police of Peru, the authority complies with the following requirements:

1. That it is an obligation to give, do or not do, established in favor of the entity.

2. That the prestation is determined in writing in a clear and complete manner.

3. That such obligation derives from the exercise of an attribute of imperium of the entity or comes from a public law relationship maintained with the entity.

4. That the administered party has been required to spontaneously comply with the prestation, under warning of initiating the specifically applicable coercive means.

5. That it is not an administrative act for whose execution the Constitution or the law requires the intervention of the Judicial Power.

6. In the case of trilateral proceedings, final resolutions ordering corrective measures constitute enforceable titles in accordance with the provisions of article 713 subsection 4) of the Civil Procedure Code, as amended by Law No. 28494, once the act becomes final or the administrative remedy has been exhausted.

In the case of final resolutions ordering corrective measures, the legitimacy to act in civil enforcement proceedings corresponds to the parties involved.

(Text according to article 194 of Law No. 27444)

Article 206.- Notification of the act initiating execution 206.1 The decision authorizing administrative execution shall be notified to its addressee before it begins.

206.2 The authority may notify the initiation of execution subsequent to the notification of the executed act, provided that the administered party is given the opportunity to voluntarily comply with the obligation incumbent upon them.

(Text according to article 195 of Law No. 27444)

Article 207.- Means of forced execution 207.1 Forced execution by the entity shall always be carried out respecting the principle of reasonableness, by the following means:

a) Coercive execution

b) Subsidiary execution

c) Coercive fine

d) Compulsion upon persons 207.2 If several means of execution are applicable, the least restrictive of individual freedom shall be chosen.

207.3 If it is necessary to enter the domicile or property of the affected party, the provisions of subsection 9) of article 20 of the Political Constitution of Peru must be followed.

(Text according to article 196 of Law No. 27444)

Article 208.- Coercive execution If the entity has to procure the execution of an obligation to give, do or not do, the procedure provided in the relevant laws shall be followed.

(Text according to article 197 of Law No. 27444)

Article 209.- Subsidiary execution Subsidiary execution shall take place when it concerns acts that, not being personalísimos, can be performed by a person other than the obligated party:

1. In this case, the entity shall perform the act, by itself or through the persons it determines, at the expense of the obligated party.

2. The amount of the expenses, damages and losses shall be demanded in accordance with the provisions of the preceding article.

3. Said amount may be settled provisionally and paid before execution, or reserved for final settlement.

(Text according to article 198 of Law No. 27444)

Article 210.- Coercive fine 210.1 When the laws so authorize, and in the form and amount they determine, the entity may, for the execution of certain acts, impose coercive fines, repeated for periods sufficient to comply with the order, in the following cases:

a) Personalísimos acts in which compulsion upon the person of the obligated party is not appropriate.

b) Acts in which, although compulsion is appropriate, the administration does not deem it convenient.

c) Acts whose execution the obligated party may entrust to another person.

210.2 The coercive fine is independent of the sanctions that may be imposed as such and compatible with them.

(Text according to article 199 of Law No. 27444)

Article 211.- Compulsion upon persons Administrative acts that impose a personalísima obligation not to do or to tolerate may be executed by compulsion upon persons in cases where the law expressly authorizes it, and always with due respect for their dignity and the rights recognized in the Political Constitution.

If the acts are of personal compliance, and are not executed, they shall give rise to the payment of damages and losses caused, which must be determined judicially.

(Text according to article 200 of Law No. 27444)

TITLE III On the Review of Acts in the Administrative Way

CHAPTER I Ex Officio Review

Article 212.- Rectification of errors 212.1 Material or arithmetic errors in administrative acts may be rectified with retroactive effect, at any time, ex officio or at the request of the administered parties, provided that the substance of their content or the sense of the decision is not altered.

212.2 The rectification adopts the forms and modalities of communication or publication that correspond to the original act.

(Text according to article 201 of Law No. 27444)

Article 213.- Ex officio nullity 213.1 In any of the cases listed in article 10, the nullity of administrative acts may be declared ex officio, even if they have become final, provided that they harm the public interest or violate fundamental rights.

213.2 Ex officio nullity may only be declared by the official hierarchically superior to the one who issued the act being invalidated. If it concerns an act issued by an authority that is not subject to hierarchical subordination, the nullity is declared by resolution of the same official.

In addition to declaring the nullity, the authority may rule on the merits of the matter if it has sufficient elements to do so. In this case, this aspect may only be subject to reconsideration.

When it is not possible to rule on the merits of the matter, the procedure is reinstated to the moment when the defect occurred.

In the case of a declaration of ex officio nullity of an administrative act favorable to the administered party, the

authority, prior to the ruling, shall give them a hearing, granting them a period of no less than five (5) days to exercise their right of defense.

213.3. The power to declare the ex officio nullity of administrative acts prescribes within a period of two (2) years, counted from the date on which they became final, or counted from the notification to the administrative authority of the final criminal conviction, in regard to the nullity of the acts provided in numeral 4 of article 10.

(Text according to numeral 202.3 of article 202 of Law No. 27444, as amended by article 2 of Legislative Decree No. 1452)

213.4 If the period provided in the preceding numeral has expired, a claim for nullity may only be brought before the Judiciary through the contentious-administrative proceeding, provided that the claim is filed within three (3) years following the date on which the power to declare nullity at the administrative level expired.

213.5. Administrative acts issued by councils or tribunals governed by special laws, competent to resolve disputes at the last administrative instance, may only be subject to a declaration of nullity ex officio at the administrative level by the council or tribunal itself with the unanimous agreement of its members. This power may only be exercised within a period of two (2) years counted from the date on which the act became final. It is also appropriate for the head of the Entity to seek its nullity through the contentious-administrative proceeding, provided that the claim is filed within three years following notification of the resolution issued by the council or tribunal.

(Text according to numeral 202.5 of article 202 of Law No. 27444, as amended by article 2 of Legislative Decree No. 1452)

Article 214.- Revocation 214.1 Revocation of administrative acts, with future effects, is appropriate in any of the following cases:

214.1.1 When the revocatory power has been expressly established by a norm with the rank of law and provided that the requirements set forth in said norm are met.

214.1.2 When the conditions legally required for the issuance of the administrative act, whose permanence is indispensable for the existence of the legal relationship created, cease to exist.

214.1.3 When, considering supervening elements of judgment, the addressees of the act are legally favored and provided that no harm is caused to third parties.

214.1.4 When it concerns an act contrary to the legal system that causes grievance or harms the legal situation of the administered party, provided that it does not infringe the rights of third parties or affect the public interest.

The revocation provided for in this numeral may only be declared by the highest authority of the competent entity, after giving the possible affected parties an opportunity, granting them a period of no less than five (5) days to present their arguments and evidence in their favor.

214.2 Administrative acts declaratory or constitutive of rights or legitimate interests may not be revoked, modified or replaced ex officio for reasons of opportunity, merit or convenience.(*)

(Text according to article 203 of Law No. 27444, as amended by article 2 of Legislative Decree No. 1272)

(*) In accordance with the , published on , the requests for revocation referred to in this article are sent to the Chamber that issued the resolution sought to be revoked, for its corresponding pronouncement .

Numeral 1 of Agreement of the Full Chamber No. 004-2021-TCE 03 April 2021

Article 215.- Irrevocability of judicially confirmed acts Acts that have been the subject of confirmation by a final judicial judgment shall in no case be reviewable at the administrative level.

(Text according to article 204 of Law No. 27444)

Article 216.- Compensation for revocation 216.1 When the revocation causes economic harm to the administered party, the resolution deciding it must provide what is appropriate to effect the corresponding compensation at the administrative level.

216.2 Acts that fall under a ground for their revocation or nullity ex officio, but whose effects have expired or been exhausted, shall be subject to compensation at the judicial level, ordered once their revocation or annulment becomes administratively final.

(Text according to article 205 of Law No. 27444)

CHAPTER II Administrative Appeals

Article 217. Power of contradiction 217.1 In accordance with the provisions of article 120, against an administrative act that is presumed to violate, disregard or infringe a right or legitimate interest, its contradiction is appropriate at the administrative level through the administrative appeals indicated in the following article, initiating the corresponding appeal proceeding.

217.2 Only definitive acts that end the instance and procedural acts that determine the impossibility of continuing the proceeding or produce defenselessness are challengeable. The contradiction to the remaining procedural acts must be alleged by the interested parties for consideration in the act that ends the proceeding and may be challenged with the administrative appeal that, as the case may be, is filed against the definitive act.

217.3 The challenge of acts that are a reproduction of previous ones that have become final is not appropriate, nor is that of acts confirming consented acts for not having been appealed in time and form.

217.4 The accumulation of challenge claims in a subsidiary manner is appropriate, when in the previous instances the facts and/or grounds on which the aforementioned subsidiary claim is based have been analyzed.

(Text according to article 206 of Law No. 27444, as amended by article 2 of Legislative Decree No. 1272)

Article 218. Administrative appeals 218.1 The administrative appeals are:

a) Reconsideration appeal

b) Appeal appeal Only in the case that it is expressly established by law or legislative decree, is the filing of the administrative appeal for review appropriate.

218.2 The term for filing appeals is fifteen (15) peremptory days, and they must be resolved within thirty (30) days.(*)

(Text according to article 207 of Law No. 27444, as amended by article 2 of Legislative Decree No. 1272)

(*) In accordance with the Sole Article of Law No. 31603, published on 05 November 2022, the modification of article 207 of Law 27444, General Administrative Procedure Law, was ordered, corresponding to this article, as detailed in the cited article.

Article 219.- Reconsideration appeal The reconsideration appeal shall be filed before the same body that issued the first act that is the subject of the challenge and must be supported by new evidence. In the case of administrative acts issued by bodies that constitute a single instance, new evidence is not required. This appeal is optional and its non-filing does not prevent the exercise of the appeal.

(Text according to article 208 of Law No. 27444)

Article 220.- Appeal The appeal shall be filed when the challenge is based on a different interpretation of the evidence produced or when it involves issues of pure law, and must be addressed to the same authority that issued the challenged act so that it may forward the proceedings to the hierarchical superior.

(Text according to Article 209 of Law No. 27444)

Article 221.- Requirements of the appeal The written appeal shall indicate the act being appealed and shall meet the other requirements provided for in Article 124.

(Text according to Article 211 of Law No. 27444, amended according to Article 2 of Legislative Decree No. 1272)

Article 222.- Final act Once the deadlines for filing administrative appeals have expired, the right to file them shall be lost and the act shall become final.

(Text according to Article 212 of Law No. 27444)

Article 223.- Error in classification The error in the classification of the appeal by the appellant shall not be an obstacle to its processing, provided that its true nature can be deduced from the written submission.

(Text according to Article 213 of Law No. 27444)

Article 224.- Scope of appeals Administrative appeals shall be exercised only once in each administrative proceeding and never simultaneously.

(Text according to Article 214 of Law No. 27444)

Article 225.- Administrative silence in matters of appeals Administrative silence in matters of appeals shall be governed by the provisions of Article 38 and item

2) of paragraph 35.1 of Article 35.

(Text according to Article 215 of Law No. 27444)

Article 226.- Suspension of execution 226.1 The filing of any appeal, except in cases where a legal provision establishes otherwise, shall not suspend the execution of the challenged act.

226.2 Notwithstanding the provision of the preceding item, the authority competent to resolve the appeal shall suspend, ex officio or upon request of a party, the execution of the appealed act when any of the following circumstances occur:

a) That execution could cause harm that is impossible or difficult to repair.

b) That the existence of a nullity defect of substantial effect is objectively assessed.

226.3 The decision on suspension shall be adopted after a sufficiently reasoned weighing of the harm that suspension would cause to the public interest or to third parties and the harm that the immediate effectiveness of the appealed act causes to the appellant.

226.4 When suspension is ordered, the measures necessary to ensure the protection of the public interest or the rights of third parties and the effectiveness of the challenged resolution may be adopted.

226.5 The suspension shall remain in effect during the processing of the administrative appeal or the corresponding contentious-administrative proceeding, unless the administrative or judicial authority orders otherwise if the conditions under which it was decided are modified.

(Text according to Article 216 of Law No. 27444, amended according to Article 2 of Legislative Decree No. 1272)

Article 227.- Resolution 227.1 The resolution of the appeal shall grant in whole or in part or dismiss the claims made therein, or shall declare its inadmissibility.

227.2 Once the existence of a ground for nullity has been verified, the authority, in addition to the declaration of nullity, shall rule on the merits of the matter, provided there are sufficient elements to do so. When it is not possible to rule on the merits of the matter, the reinstatement of the proceeding to the moment when the defect occurred shall be ordered.

(Text according to Article 217 of Law No. 27444)

Article 228.- Exhaustion of the administrative remedy 228.1 Administrative acts that exhaust the administrative remedy may be challenged before the Judiciary through the contentious-administrative proceeding referred to in Article 148 of the Political Constitution of the State.

228.2 The following are acts that exhaust the administrative remedy:

a) The act for which it is not legally possible to challenge before a hierarchically superior authority or body in the administrative remedy, or when administrative silence in the negative occurs, unless the interested party opts to file a motion for reconsideration, in which case the resolution issued or the administrative silence produced as a result of said challenging appeal exhausts the administrative remedy; or

b) The act issued or the administrative silence produced as a result of the filing of an appeal in those cases where the act of an authority or body subject to hierarchical subordination is challenged; or

c) The act issued or the administrative silence produced as a result of the filing of a motion for review, only in the cases referred to in Article 218; or

d) The act that declares ex officio the nullity or revokes other administrative acts in the cases referred to in Articles 213 and 214; or

e) The administrative acts of Courts or Administrative Councils governed by special laws.

(Text according to Article 218 of Law No. 27444, amended according to Article 2 of Legislative Decree No. 1272)

TITLE IV On the trilateral proceeding, the sanctioning proceeding and the administrative oversight activity (Designation amended by Article 3 of Legislative Decree No. 1272)

CHAPTER I Trilateral proceeding

Article 229.- Trilateral proceeding 229.1 The trilateral proceeding is the contentious administrative proceeding conducted between two or more administered parties before entities of the administration and for those described in subsection 8) of Article I of the

Preliminary Title of this Law.

229.2 The party that initiates the proceeding by filing a complaint shall be designated as the "claimant" and any of the summoned parties shall be designated as the "claimed party".

(Text according to Article 219 of Law No. 27444)

Article 230.- Legal framework

The trilateral procedure is governed by the provisions of this Chapter and, in all other respects, by the provisions of this Law. With respect to trilateral administrative procedures governed by special laws, this

Chapter shall be purely supplementary.

(Text according to Article 220 of Law No. 27444)

Article 231.- Commencement of the procedure 231.1 The trilateral procedure is commenced by the filing of a complaint or ex officio.

231.2 During the course of the trilateral procedure, the administration must favor and facilitate the conciliated resolution of the dispute.

231.3 Once the complaint has been admitted for processing, it shall be brought to the attention of the respondent so that the latter may file its defense.

(Text according to Article 221 of Law No. 27444)

Article 232.- Content of the complaint 232.1 The complaint shall contain the requirements for filings provided for in Article 124, as well as the name and address of each respondent, the grounds of the complaint, and the request for sanctions or other type of affirmative action.

232.2 The complaint shall offer evidence and shall attach as annexes the evidence in its possession.

232.3 The authority may request clarification of the complaint before admitting it, where there are doubts as to the statement of the respective facts or legal grounds.

(Text according to Article 222 of Law No. 27444)

Article 233.- Answer to the complaint 233.1 The respondent shall file the answer to the complaint within fifteen (15) days following notification thereof; upon expiry of this time limit, the Administration shall declare the respondent who has not filed it to be in default. The answer shall contain the requirements for filings provided for in the

Article 124, as well as the response to all matters of fact and law in dispute. The allegations and relevant facts of the complaint shall be deemed accepted or assessed as true, unless they have been specifically denied in the answer.

233.2 The issues are raised jointly and solely upon answering the complaint or the reply and are resolved by the final decision.

233.3 In the event that the respondent fails to file the answer within the established time limit, the administration may permit, if it considers it appropriate and reasonable, the submission of the answer after the expiry of the time limit.

233.4 In addition to the answer, the respondent may file a reply alleging violations of the respective legislation, within the competence of the corresponding body of the entity. The filing of replies and responses to such replies is governed by the rules for the filing and answering of complaints, excluding matters relating to administrative procedural rights.

(Text according to Article 223 of Law No. 27444)

Article 234.- Prohibition of replying to answers A reply to the answers to complaints is not permitted. New issues included in the answer of the respondent shall be considered as matters in dispute.

(Text according to Article 224 of Law No. 27444)

Article 235.- Evidence Without prejudice to the provisions of articles 173 to 191, the administration may only dispense with the taking of evidence offered by any of the parties by unanimous agreement of the latter.

(Text according to article 225 of Law No. 27444)

Article 236.- Precautionary measures 236.1 At any stage of the trilateral procedure, ex officio or at the request of a party, precautionary measures may be issued in accordance with article 146.

236.2 If the obligated party fails to comply with a precautionary measure ordered by the administration, the rules on forced execution provided in articles 203 to 211 shall apply.

236.3 Appeal is possible against the resolution that issues a precautionary measure requested by any of the parties within the term of three (3) days counted from the notification of the resolution that issues the measure. Unless legal provision or decision of the authority to the contrary, the appeal does not suspend the execution of the precautionary measure.

The appeal must be elevated to the hierarchical superior within a maximum term of (1) day, counted from the date of the granting of the respective remedy and shall be resolved within a term of five (5) days.

(Text according to article 226 of Law No. 27444)

Article 237.- Challenge 237.1 Against the final resolution issued in a trilateral procedure by an authority or body subject to hierarchical subordination, only the filing of the appeal remedy is appropriate. If there is no hierarchical superior, only a reconsideration remedy may be filed.

237.2 The appeal must be filed before the body that issued the appealed resolution within fifteen (15) days of the respective notification. The respective file must be elevated to the hierarchical superior within a maximum term of two (2) days counted from the date of the granting of the respective remedy.

237.3 Within fifteen (15) days of receipt of the file by the hierarchical superior, transfer shall be made to the other party and a term of fifteen (15) days shall be granted for the rebuttal of the appeal.

237.4 Upon the response of the other party or the expiration of the term referred to in the preceding article, the authority hearing the appeal may set a day and time for the hearing of the case, which may not take place later than ten (10) days counted from the date on which the response to the appeal is notified to the appellant.

237.5 The administration must issue a resolution within thirty (30) days following the date of

holding of the hearing.

(Text according to article 227 of Law No. 27444)

Article 238.- Conciliation, extrajudicial transaction and withdrawal 238.1 In cases where the Law permits it and before the final resolution is notified, the authority may approve agreements, pacts, covenants or contracts with the administered parties that entail an extrajudicial transaction or conciliation, with the scope, requirements, effects and specific legal regime that in each case the provision regulating it provides for, and such acts may put an end to the administrative procedure and render ineffective the resolutions that may have been issued in the procedure. The agreement may be recorded in an administrative resolution.

238.2 The aforementioned instruments must be in writing and establish as minimum content the identification of the intervening parties and the term of validity.

238.3 When approving the agreements referred to in numeral 238.1, the authority may continue the procedure ex officio if, from the analysis of the facts, it considers that the interests of third parties could be affected or the action arising from the initiation of the procedure entails a general interest.

238.4 Withdrawal is appropriate in accordance with the provisions of articles 200 and 201.

(Text according to article 228 of Law No. 27444, as amended by article 2 of Legislative Decree No. 1272)

CHAPTER II THE ADMINISTRATIVE ACTIVITY OF INSPECTION (Chapter I-A incorporated by article 5 of Legislative Decree No. 1272)

Article 239.- Definition of the inspection activity 239.1 The inspection activity constitutes the set of acts and proceedings of investigation, supervision, control or inspection regarding compliance with the obligations, prohibitions and other limitations enforceable on the administered parties, derived from a legal or regulatory norm, contracts with the State or another legal source, under an approach of regulatory compliance, risk prevention, risk management and protection of protected legal assets.

Only by Law or Legislative Decree may the inspection activity be attributed to the entities.

For reasons of effectiveness and economy, the authorities may coordinate to carry out joint inspection actions or make management commissions to each other.

239.2 Regardless of their denomination, the special norms that regulate this function are interpreted and applied within the framework of the common norms of this chapter, even when under the legal framework they are exercised by natural or legal persons in the private sector.

Article 240.- Powers of the entities that carry out inspection activity 240.1 The acts and proceedings of inspection are always initiated ex officio, either on their own initiative or as a consequence of a superior order, a reasoned request or a complaint.

240.2 The Public Administration, in the exercise of the inspection activity, is empowered to do the following:

1. Require the administered party subject to the inspection to exhibit or present all types of documentation, files, archives or other necessary information, respecting the principle of legality.

Access to information that may affect personal or family privacy, as well as matters protected by banking, tax, commercial and industrial secrecy and the protection of personal data, is governed by the provisions of the Political Constitution of Peru and special laws.

2. Interrogate the persons subject to inspection or their representatives, employees, officials, advisors and third parties, using the technical means it considers necessary to generate a complete and reliable record of their statements.

The summons or personal appearance at the headquarters of the administrative entities is regulated by articles 69 and 70.

3. Carry out inspections, with or without prior notification, at the premises and/or assets of the natural or legal persons subject to the inspection actions, respecting the fundamental right to the inviolability of the home when applicable.

4. Take copies of physical, optical, electronic or other files, as well as take photographs, make printouts, audio or video recordings with prior knowledge of the administered party and, in general, use the means necessary to generate a complete and reliable record of its inspection action.

5. Carry out expert examinations on the documentation and other technical aspects related to the inspection.

6. Use in the inspection actions and proceedings the equipment it considers necessary. The administered parties must allow access to such equipment, as well as allow the use of their own equipment, when it is indispensable for the inspection work.

7. Expand or vary the object of the inspection action in the event that, as a result of the actions and proceedings carried out, additional non-compliances to those initially expressed in the referred object are detected.

8. The others established by special laws.

Article 241.- Duties of the entities that carry out inspection activity 241.1 The Public Administration exercises its inspection activity with diligence, responsibility and respect for the rights of the administered parties, adopting the necessary measures to obtain the suitable evidentiary means that support the verified facts, if applicable.

241.2 The competent authorities have, among others, the following duties in the exercise of the inspection activity:

1. Prior to the inspection actions and proceedings, carry out the review and/or evaluation of the documentation containing information related to the specific case subject to inspection.

2. Identify themselves upon request of the administered parties, presenting the credential issued by their entity, as well as their national identity document.

3. Cite the legal basis that supports their inspection competence, their powers and obligations, to the administered party who requests it.

4. Deliver a copy of the Inspection Record or document that serves as such to the administered party at the end of the inspection proceeding, clearly and precisely recording the observations made by the administered party.

5. Keep confidential the information obtained in the inspection.

6. Duty of impartiality and prohibition of maintaining conflicts of interest.

Article 242.- Rights of the inspected administered parties The rights of the inspected administered parties are:

1. To be informed of the purpose and legal basis of the supervision action and, if foreseeable, of the estimated duration thereof, as well as of their rights and obligations in the course of such action.

2. To request the credentials and national identity document of the officials, servants or third parties in charge of the inspection.

3. To be able to make audio or video recordings of the proceedings in which they participate.

4. Their observations shall be included in the corresponding records.

5. To submit documents, evidence or additional arguments after receiving the inspection record.

6. To have professional advice at the proceedings if the administered party deems it appropriate.

Article 243.- Duties of the inspected administered parties The duties of the inspected administered parties are:

1. To carry out or provide all facilities to execute the powers listed in article 240.

2. To allow access of the officials, servants and third-party inspectors to their premises, installations, goods and/or equipment, whether under direct administration or not, without prejudice to their fundamental right to the inviolability of the home when applicable.

3. To sign the inspection record.

4. The others established by special laws.

Article 244.- Minimum content of the Inspection Record 244.1 The Inspection Record or document that serves as such is the document that records the verifications of the facts objectively verified and contains at minimum the following data:

1. Name of the natural person or corporate name of the inspected legal person.

2. Place, date and time of opening and closing of the proceeding.

3. Name and identification of the inspectors.

4. Names and identification of the legal representative of the inspected legal person or of its designated representative for such purpose.

5. The facts subject to verification and/or occurrences of the inspection.

6. The statements or observations of the representatives of the inspected parties and of the inspectors.

7. The signature and identity document of the participating persons. If any of them refuses to sign, the refusal shall be recorded in the record, without this affecting its validity.

8. The refusal of the administered party to identify themselves and sign the record.

244.2 The inspection records attest to the facts verified during the proceeding, unless proven otherwise.

Article 245.- Conclusion of the inspection activity 245.1 The inspection actions may conclude in:

1. The certification or record of conformity of the activity carried out by the administered party.

2. The recommendation of improvements or corrections to the activity carried out by the administered party.

3. The warning of the existence of non-compliances not susceptible of warranting the determination of administrative responsibilities.

4. The recommendation to initiate a procedure in order to determine the corresponding administrative responsibilities.

5. The adoption of corrective measures.

6. Other forms as established by special laws.

245.2. The entities shall endeavor to carry out some inspections solely for guidance purposes, that is, identification of risks and notification of alerts to the administered parties in order for them to improve their management.

CONCORDANCES: R.SMV Nº 002-2023-SMV/01 (They provide that the SMV shall apply only guidance inspection regarding the obligations contained in article 5° and in the second paragraph of article 10° of Res. SMV Nº 019-2021-SMV/01, during fiscal year 2023)

Article 246.- Precautionary and corrective measures The entities may only issue precautionary and corrective measures provided they are empowered by Law or Legislative Decree and through a duly reasoned decision and observing the Principle of Proportionality.

CHAPTER III Sanctioning Procedure

Article 247.- Scope of application of this chapter 247.1 The provisions of this Chapter govern the power attributed to any of the

entities to establish administrative infractions and the consequent sanctions on the administered parties.

247.2 The provisions contained in this Chapter apply on a supplementary basis to all procedures established in special laws, including tax procedures, which must necessarily observe the principles of the administrative sanctioning power referred to in article 248, as well as the structure and guarantees provided for the administrative sanctioning procedure.

Special procedures may not impose conditions less favorable to the administered parties than those provided in this Chapter.

247.3 The disciplinary sanctioning power over the personnel of the entities is governed by the regulations on the matter.

(Text according to article 229 of Law Nº 27444, modified according to article 2 of Legislative Decree Nº 1272)

Article 248.- Principles of the administrative sanctioning power The sanctioning power of all entities is additionally governed by the following special principles:

1. Legality.- Only by a norm with the rank of law may entities be attributed the sanctioning power and the consequent provision of the administrative consequences that by way of sanction are possible to apply to an administered person, which in no case will enable ordering the deprivation of liberty.

2. Due process.- Sanctions may not be imposed without the respective procedure having been processed, respecting the guarantees of due process. The procedures that regulate the exercise of the sanctioning power must establish the proper separation between the investigative and sanctioning phases, entrusting them to different authorities.

3. Reasonableness.- The authorities must foresee that the commission of the sanctionable conduct does not prove more advantageous for the offender than complying with the infringed norms or assuming the sanction. However, the sanctions to be applied must be proportional to the non-compliance qualified as an infraction, observing the following criteria indicated for the purposes of their graduation:

a) The illicit benefit resulting from the commission of the infraction;

b) The probability of detection of the infraction;

c) The seriousness of the damage to the public interest and/or protected legal right;

d) The economic harm caused;

e) Recidivism, for the commission of the same infraction within the term of one (1) year from when the resolution that sanctioned the first infraction became final.

f) The circumstances of the commission of the infraction; and

g) The existence or not of intent in the conduct of the offender.

4. Typicality.- Only infractions expressly provided for in norms with the rank of law by their typification as such constitute administratively sanctionable conduct, without admitting extensive interpretation or analogy. The regulatory provisions of development may specify or graduate those

aimed at identifying the conduct or determining sanctions, without constituting new sanctionable conduct beyond those legally provided, except in cases where the law or Legislative Decree permits typifying infractions by regulatory norm.

Through the typification of infractions, the administered persons cannot be imposed the compliance with obligations that are not previously provided for in a legal or regulatory norm, as applicable.

In the configuration of the sanctioning regimes, the typification of infractions with identical factual assumption and identical foundation with respect to those crimes or offenses already established in the criminal laws or with respect to those infractions already typified in other administrative sanctioning norms is avoided .

5.- Irretroactivity .- The sanctioning provisions in force at the moment the administered person incurs the conduct to be sanctioned are applicable, unless the later ones are more favorable to them.

The sanctioning provisions produce retroactive effect insofar as they favor the presumed offender or the offender, both in what refers to the typification of the infraction and to the sanction and its prescription periods, even with respect to the sanctions in execution when the new provision enters into force.

6. Concurrence of Infractions.- When the same conduct qualifies as more than one infraction, the sanction provided for the most serious infraction shall be applied, without prejudice to the other responsibilities that the laws establish being able to be demanded.

7. Continuation of infractions.- To determine the propriety of the imposition of sanctions for infractions in which the administered person incurs continuously, it is required that at least thirty (30) business days have elapsed from the date of the imposition of the last sanction and that it be accredited that the administered person has been requested to demonstrate having ceased the infraction within said term.

The entities, under penalty of nullity, may not attribute the assumption of continuity and/or the imposition of the respective sanction, in the following cases:

a) When an administrative appeal filed within the term against the administrative act by which the last administrative sanction was imposed is pending.

b) When the administrative appeal filed has not resulted in a final administrative act.

c) When the conduct that determined the imposition of the original administrative sanction has lost the character of administrative infraction by modification in the legal system, without prejudice to the application of the principle of irretroactivity referred to in paragraph 5.

8. Causality.- Responsibility must fall on whoever performs the omissive or active conduct constituting a sanctionable infraction.

9. Presumption of lawfulness.- The entities must presume that the administered persons have acted in accordance with their duties as long as they do not have evidence to the contrary.

10. Culpability.- Administrative responsibility is subjective, except in cases where by law or legislative decree objective administrative responsibility is provided.

11. Non bis in idem.- A penalty and an administrative sanction may not be imposed successively or simultaneously for the same fact in cases where the identity of the subject, fact and foundation is appreciated.

Said prohibition also extends to administrative sanctions , except for the concurrence of the assumption

of continuation of infractions referred to in paragraph 7.

(Text according to article 230 of Law No. 27444, modified according to article 2 Legislative Decree No. 1272)

Article 249.- Stability of competence for the sanctioning power The exercise of the sanctioning power corresponds to the administrative authorities to whom it has been expressly attributed by legal or regulatory provision, without it being able to be assumed or delegated to a different organ.

(Text according to article 231 of Law No. 27444)

Article 250.- Rules on the exercise of the sanctioning power.

By virtue of the principle of reasonableness in the field of administrative sanctioning procedures, the following rules must be observed:

a) In the case of administrative infractions punishable by fines based on the failure to carry out procedures, obtain licenses, permits and authorizations or other similar procedures before competent authorities for the installation of network infrastructure for public services or public infrastructure works, exclusively in cases where this is required by the current legal system, the amount of the sanction to be imposed may not exceed:

• One percent (1%) of the value of the work or project, as the case may be.

• One hundred percent (100%) of the amount for the applicable fee for the procedure right, according to the Single Text of Administrative Procedures (TUPA) in force at the time of the occurrence of the facts, in cases where the valuation indicated above is not applicable.

Cases of imposition of administrative fines for amounts exceeding the limits indicated above shall be heard by the Commission for Access to the Market of the National Institute for the Defense of Competition and the Protection of Intellectual Property,(2) in order to determine whether in such cases illegal bureaucratic barriers to market access have been constituted, in accordance with the administrative procedure contemplated in Decreto Ley Nº 25868 and Decreto Legislativo Nº 807, and their amending and complementary norms.

b) When the sanctioning procedure concerns the lack of authorization or license for the performance of several individual conducts that, based on the nature of the facts, amount to the commission of an activity and/or project that encompasses them in a general manner, whose existence has been previously communicated to the competent entity, the sanction may not be imposed individually, but applied as a whole, taking into account the criteria set forth in subsection 3 of article 248.

(Text according to article 231-A of Ley Nº 27444)

Article 251. -Determination of responsibility 251.1 The administrative sanctions imposed on the administered are compatible with the issuance of corrective measures aimed at ordering the restoration or reparation of the situation altered by the infraction to its previous state, including that of the affected goods, as well as with compensation for the damages and losses caused, which are determined in the corresponding judicial process. Corrective measures must be previously typified, be reasonable and adjust to the intensity, proportionality and needs of the protected legal interests that are intended to be guaranteed in each

specific case.

251.2 When compliance with the obligations provided in a legal provision corresponds to several persons jointly, they shall be jointly and severally liable for the infractions that, as the case may be, are committed, and for the sanctions imposed.

(Text according to article 232 of Ley Nº 27444, modified according to article 2 Decreto Legislativo Nº 1272)

Article 252.- Prescription 252.1 The authority's power to determine the existence of administrative infractions prescribes within the period established by special laws, without prejudice to the computation of the prescription periods with respect to the other obligations derived from the effects of the commission of the infraction. If this has not been determined, said authority's power shall prescribe after four (4) years.

252.2 The computation of the prescription period of the power to determine the existence of infractions shall begin from the day on which the infraction was committed in the case of instantaneous infractions or instantaneous infractions with permanent effects, from the day on which the last action constituting the infraction was carried out in the case of continuing infractions, or from the day on which the action ceased in the case of permanent infractions.

The computation of the prescription period is only suspended with the initiation of the sanctioning procedure through notification to the administered of the facts constituting the infraction imputed to them as

a charge, in accordance with the provisions of article 255, subsection 3. Said computation must be resumed immediately if the processing of the sanctioning procedure remains paralyzed for more than twenty-five

(25) business days, for a cause not attributable to the administered.

252.3 The authority declares prescription ex officio and considers the procedure concluded when it notices that the period to determine the existence of infractions has been fulfilled. Likewise, the administered may raise prescription as a defense and the authority must resolve it without further procedure than the verification of the periods.

If prescription is declared, the authority may initiate the necessary actions to determine the causes and responsibilities of the administrative inaction, only when it is noticed that situations of negligence have occurred.

(Text according to article 233 of Ley Nº 27444, modified according to article 2 Decreto Legislativo Nº 1272)

Article 253.- Prescription of the enforceability of imposed fines

1. The authority's power to demand by way of forced execution the payment of fines imposed for the commission of an administrative infraction prescribes within the period established by special laws.

If not determined, prescription occurs at the end of two (2) years computed from the date on which any of the following circumstances occurs:

a) That the administrative act by which the fine was imposed, or the one that ended the administrative route, became final.

b) That the contentious-administrative process aimed at challenging the act by which the fine was imposed has concluded with the force of res judicata in a manner unfavorable to the administered party.

2. The computation of the prescription period is suspended in the following cases:

a) With the initiation of the forced execution procedure, in accordance with the mechanisms contemplated in article 207, as applicable. Said computation must be resumed immediately in the event that any of the cases of suspension of the forced execution procedure contemplated by the current legal system occurs and/or any cause that determines the paralysis of the procedure for more than twenty-five (25) business days occurs.

b) With the filing of the demand for judicial review of the forced execution procedure or any other judicial disposition that suspends the forced execution, in accordance with the current legal system. The suspension of the computation operates until the notification of the resolution that declares the process concluded with the quality of res judicata in a manner unfavorable to the administered party.

(Text modified according to article 2 of Legislative Decree No. 1452)

3. The administered parties may raise the prescription as part of the application of the defense mechanisms provided within the forced execution procedure. The competent authority must resolve it without further procedure than the verification of the deadlines, and may, in cases where it deems it founded, order the initiation of liability actions to elucidate the causes of administrative inaction, only when it is noticed that situations of negligence have occurred.

In the event that the prescription is raised in the administrative seat, the maximum period to resolve on the request for suspension of the forced execution due to prescription is eight (8) business days counted from the presentation of said request by the administered party. Once said period has expired without an express pronouncement, the request is understood to be granted, by application of the positive administrative silence.

(Article incorporated by article 4 of Legislative Decree No. 1272)

Article 254.- Characteristics of the sanctioning procedure 254.1 For the exercise of the sanctioning power, it is obligatory to have followed the legally or regulatory established procedure characterized by:

1. Differentiating in its structure between the authority that conducts the instructing phase and the one that decides the application of the sanction.

2. Considering that the facts proven by final judicial resolutions bind the entities in their sanctioning procedures .

3. Notifying the administered parties of the facts imputed to them as charges, the qualification of the infractions that such facts may constitute and the expression of the sanctions that, if applicable, could be imposed, as well as the competent authority to impose the sanction and the norm that attributes such competence.

4. Granting the administered party a period of five days to formulate its allegations and use the means of defense admitted by the legal system in accordance with numeral 173.2 of article 173, without the abstention from the exercise of this right being considered an element of judgment contrary to its situation.

254.2 The Administration reviews ex officio the administrative resolutions based on facts contradictory to those proven in judicial resolutions with the quality of res judicata, in accordance with the norms that regulate the procedures of ex officio review.

(Text according to article 234 of Law No. 27444, modified according to article 2 Legislative Decree No.

1272)

Article 255.- Sanctioning procedure The entities in the exercise of their sanctioning power adhere to the following provisions :

1. The sanctioning procedure is always initiated ex officio, either by own initiative or as a consequence of a superior order, motivated petition of other organs or entities or by complaint.

2. Prior to the formal initiation of the procedure, preliminary investigation, inquiry and inspection actions may be carried out with the object of determining on a preliminary basis whether circumstances concur that justify its initiation.

3. Once the initiation of the sanctioning procedure is decided, the instructing authority of the procedure formulates the respective notification of charge to the possible sanctioned party, which must contain the data referred to in numeral 3 of the preceding article so that it presents its discharges in writing within a period that may not be less than five business days counted from the date of notification.

4. Once said period has expired and with the respective discharge or without it, the authority that instructs the procedure will carry out ex officio all the necessary actions for the examination of the facts, gathering the data and information that are relevant to determine, if applicable, the existence of liability susceptible to sanction.

5. Once the collection of evidence is concluded, if applicable, the instructing authority of the procedure concludes by determining the existence of an infraction and, therefore, the imposition of a sanction; or the non-existence of infraction. The instructing authority formulates a final instruction report in which it determines, in a motivated manner, the conducts that are considered proven constituting infraction, the norm that provides for the imposition of sanction; and, the proposed sanction or the declaration of non-existence of infraction, as applicable.

Once the final report is received, the competent organ to decide the application of the sanction may order the realization of complementary actions , provided that it considers them indispensable to resolve the procedure. The final instruction report must be notified to the administered party so that it formulates its discharges within a period no less than five (5) business days.

6. The resolution that applies the sanction or the decision to archive the procedure shall be notified both to the administered party and to the body or entity that filed the request or to whoever reported the infraction, if applicable.

(Text according to article 235 of Law No. 27444, modified according to article 2 of Legislative Decree No. 1272)

Article 256.- Provisional measures 256.1 The authority processing the procedure may order, at any time, the adoption of provisional measures that ensure the effectiveness of the final resolution that may be issued, subject to the provisions of article 157.

256.2 The measures adopted must adjust to the intensity, proportionality and necessity of the objectives intended to be guaranteed in each specific case.

256.3 No provisional measures may be issued that could cause damage of difficult or

impossible reparation to the interested parties or that imply a violation of their rights.

256.4 Provisional measures cannot extend beyond what is indispensable to fulfill the precautionary objectives concurrent in the specific case.

256.5 During the processing, the competent authority that had ordered the provisional measures shall revoke them, ex officio or at the request of a party, when it verifies that they are no longer indispensable to fulfill the precautionary objectives concurrent in the specific case.

256.6 When the authority verifies, ex officio or at the request of a party, that a change has occurred in the situation that was taken into account when making the provisional decision, it must be changed, modifying the provisional measures agreed upon or substituting them with others, as the new measure requires.

256.7 Compliance with or execution of the provisional measures that may be adopted shall be compensated, as far as possible, with the sanction imposed.

256.8 Provisional measures are extinguished for the following causes:

1. By the resolution that ends the procedure in which they had been ordered. The competent authority to resolve the administrative appeal in question may, with reasons, maintain the measures agreed upon or adopt others until it issues the resolution act of the appeal.

2. By the expiration of the sanctioning procedure.

(Text according to article 236 of Law No. 27444, modified according to article 2 of Legislative Decree No. 1272)

Article 257.- Exemptions and mitigating circumstances of liability for infractions 1.- The following constitute conditions exempting liability for infractions:

a) Fortuitous event or force majeure duly proven.

b) Acting in compliance with a legal duty or the legitimate exercise of the right of defense.

c) Mental incapacity duly proven by the competent authority, provided that it affects the aptitude to understand the infraction.

d) The mandatory order of a competent authority, issued in the exercise of its functions.

e) The error induced by the Administration or by a confusing or illegal administrative provision.

f) The voluntary correction by the possible sanctioned party of the act or omission imputed as constituting an administrative infraction, prior to the notification of the imputation of charges referred to in subsection 3) of article 255.

2.- The following constitute conditions mitigating liability for infractions:

a) If, once an administrative sanctioning procedure has been initiated, the infractor acknowledges their responsibility expressly and in writing.

In cases where the applicable sanction is a fine, it shall be reduced to an amount no less than half of its amount.

b) Others established by special norm.(*)

(Text according to article 236-A of Law No. 27444, modified according to article 2 of Legislative Decree No. 1272)

(*) In accordance with the , published on , it is established as a general interpretive criterion that the mitigating condition of administrative liability stipulated in literal a) of numeral 2 of this article shall apply, reducing the fine to be imposed by fifty percent (50%), in those cases where the administered party, through an unequivocal, indubitable and express manifestation that must comply with the assumptions of willingness, timeliness and unconditionality, established in the cited resolution, acknowledges it in the written defense to the administrative act that initiates the sole administrative procedure and within the period granted to present them, as long as it also does not question the determination of administrative liability. Likewise, the aforementioned mitigating circumstance does not apply to the acknowledgment made in the filing of administrative appeals, unless the non-application thereof is argued.

Article 1 of Resolution No. 064-2019-OSINFOR-TFFS-I 06 December 2019

Article 258.- Resolution 258.1 In the resolution that ends the procedure, facts different from those determined in the course of the procedure may not be accepted, regardless of their different legal assessment.

258.2 The resolution shall be enforceable when it ends the administrative route. The administration may adopt the precise precautionary measures to guarantee its effectiveness, as long as it is not enforceable.

258.3 When the sanctioned infractor appeals or challenges the resolution adopted, the resolution of the appeals filed may not determine the imposition of more severe sanctions for the sanctioned party.

(Text according to article 237 of Law No. 27444)

Article 259.- Administrative expiration of the sanctioning procedure

1. The period to resolve sanctioning procedures initiated ex officio is nine (9) months counted from the date of notification of the imputation of charges. This period may be extended exceptionally, at most by three (3) months, and the competent body must issue a duly supported resolution, justifying the extension of the period, prior to its expiration. Administrative expiration does not apply to the appeal procedure.

When, in accordance with law, entities have a longer period to resolve, the expiration shall take effect upon the expiration of that period.

2. Once the maximum period to resolve has elapsed without the respective resolution being notified, the procedure is automatically understood to have administratively expired and shall be filed.

3. Administrative expiration is declared ex officio by the competent body. The administered party is empowered to request the administrative expiration of the procedure if the competent body has not declared it ex officio.

4. In the event that the infraction has not prescribed, the competent body shall evaluate the initiation of a new sanctioning procedure. The administratively expired procedure does not interrupt the prescription.

5. The declaration of administrative expiration does not render ineffective the inspection actions, as

well as the evidence that cannot or need not be produced again. Likewise, the preventive, corrective and precautionary measures issued remain in force during the period of three (3)

additional months while the initiation of the new sanctioning procedure is arranged, after which they expire, and new measures of the same nature may be ordered if the sanctioning procedure is initiated.

(Article incorporated by article 4 of Legislative Decree No. 1272, modified according to article 2 of Legislative Decree No. 1452)

TITLE V On the responsibility of the public administration and of the personnel in its service

CHAPTER I Responsibility of the public administration

Article 260.- General Provisions 260.1 Without prejudice to the responsibilities provided for in common law and special laws, entities are patrimonially liable to administered parties for direct and immediate damages caused by acts of the administration or public services directly provided by them.

260.2 In the cases of the preceding numeral, there is no ground for reparation by the Administration when the damage is a consequence of fortuitous event or force majeure, of a determining act of the injured administered party or of a third party.

There is also no ground for reparation when the entity has acted reasonably and proportionally in defense of the life, integrity or property of persons or in safeguarding public property, or when it involves damages that the administered party has the legal duty to bear in accordance with the legal system and the circumstances.

260.3 The declaration of nullity of an administrative act at the administrative level or by judicial resolution does not necessarily presuppose a right to compensation.

260.4 The alleged damage must be effective, economically valuable and individualized in relation to an administered party or group thereof.

260.5 Compensation includes direct and immediate damage and the other consequences arising from the action or omission generating the damage, including loss of profit, damage to the person and moral damage.

260.6 When the entity compensates administered parties, it may judicially seek reimbursement from authorities and other personnel in its service for the responsibility they have incurred, taking into account the existence or not of intent, the professional responsibility of the personnel involved and its relation to the production of the harm. However, the entity may agree with the responsible party on the reimbursement of what has been compensated, approving said agreement by resolution.

(Text according to article 238 of Law No. 27444)

CHAPTER II Responsibility of the authorities and personnel in the service of the public administration

Article 261.- Administrative offenses 261.1 The authorities and personnel in the service of the entities, regardless of their labor or contractual regime, incur an administrative offense in the processing of the administrative procedures under their charge and, therefore, are liable to be administratively sanctioned with suspension, cessation or dismissal according to the seriousness of the offense, recidivism, the damage caused and the intent with which they have acted, in case of:

1. Unjustifiably refusing to receive requests, appeals, declarations, information or issue certificates about them.

2. Not delivering, within the legal term, the documents received to the authority that must decide or opine on them.

3. Unjustifiably delaying the remission of data, proceedings or files requested to resolve a procedure or the production of a procedural act subject to a determined period within the administrative procedure.

4. Resolving without motivation any matter submitted to its competence.

5. Executing an act that is not ready for it.

6. Not communicating within the legal term the ground for abstention in which it is incurred.

7. Delaying compliance with superior or administrative mandates or contradicting their decisions.

8. Intimidating in any way anyone who wishes to file an administrative complaint or contradict their decisions.

9. Incurring in manifest illegality.

10. Disseminating in any way or allowing access to confidential information referred to in numeral 171.1 of this TUO(*) RECTIFIED BY ERRATA

11. Not resolving within the period established for each administrative procedure negligently or unjustifiably.

12. Disregarding in any way the application of automatic approval or positive silence obtained by the administered party before the same or another administrative entity.

13. Failing to comply with the criteria, procedures and methodologies for determining the costs of administrative procedures and services.

14. Charging processing fee amounts above one (1) UIT, without prior authorization.

15. Not applying the approved standardized procedure.

16. Charging processing fee amounts higher than those established for standardized procedures.

17. Propose, approve or demand procedures, requirements or fees in contravention of those provided in this law and other simplification rules, even if they appear in the internal rules of the entities or the Single Text of Administrative Procedures.

18. Require from the administered parties the presentation of documents prohibited to request or not accept the documentary substitutes considered in this law, even when their requirement is based on some internal rule of the entity or its Single Text of Administrative Procedures.

19. Suspend the admission for processing of requests from administered parties for any reason.

20. Refuse to receive the writings, declarations or forms presented by the administered parties, or to issue proof of their receipt, which does not prevent observations from being made in the terms referred to in article 136.

21. Require the personal presentation of petitions, appeals or documents when the regulations do not require it.

22. Other non-compliances that are typified by Supreme Decree endorsed by the Presidency of the Council of Ministers.

261.2 The corresponding sanctions must be imposed prior to an administrative disciplinary process that shall adhere to the legal provisions in force on the matter, and for other cases the procedure established in article 255 must be applied, insofar as pertinent.

(Text according to article 239 of Law No. 27444, modified according to article 2 of Legislative Decree No. 1272)

Article 262.- Restrictions on former authorities of the entities 262.1 No former authority of the entities may, during the year following their cessation, carry out any of the following actions with respect to the entity to which they belonged:

262.1.1 Represent or assist an administered party in any procedure in which they had some degree of participation during their activity in the entity.

262.1.2 Advise any administered party in any matter that was pending decision during their relationship with the entity.

262.1.3 Enter into any contract, directly or indirectly, with any administered party appearing in a procedure resolved with their participation.

262.2 The transgression of these restrictions shall be subject to an investigative procedure and, if verified, the responsible party shall be sanctioned with the prohibition of entering any entity for five years, and registered in the respective Registry.

(Text according to article 241 of Law No. 27444)

Article 263.- National Registry of Sanctions against Civil Servants The National Registry of Sanctions against Civil Servants consolidates all information related to the exercise of the disciplinary and functional sanctioning administrative power exercised by the entities of the Public Administration, as well as those criminal sanctions imposed in accordance with articles 296, 296-A first, second and fourth paragraph; 296-B, 297, 382, 383, 384, 387, 388, 389, 393, 393-A, 394, 395, 396, 397, 397-A, 398, 399, 400 and 401 of the Penal Code, as well as article 4-A of Legislative Decree 25475 and the crimes provided in articles 1, 2 and 3 of Legislative Decree 1106.

(Article modified by article 2 of Legislative Decree No. 1367)

Article 264.- Autonomy of responsibilities 264.1 The civil, administrative or criminal consequences of the responsibility of the authorities are independent and are demanded in accordance with the provisions of their respective legislation.

264.2 The procedures for demanding criminal or civil responsibility do not affect the power of the entities to instruct and decide on administrative responsibility, except for an express judicial provision to the contrary.

(Text according to article 243 of Law No. 27444)

Article 265.- Denunciation for crime of omission or delay of function The Public Ministry, in order to decide the exercise of criminal action in cases referred to crimes of omission or delay of function, must determine the presence of the following situations:

a) If the period provided by law for the official to act or pronounce expressly has not been exceeded.

b) If the administered party has expressly consented to what was resolved by the public official.

(Text according to article 244 of Law No. 27444)

FINAL COMPLEMENTARY PROVISIONS First.- References to this Law References to the norms of this Law shall be made by indicating the number of the article followed by the mention “of the Law of General Administrative Procedure”.

(Text according to the section of the Complementary and Final Provisions of Law No. 27444)

Second.- Prohibition of reiterating normative contents Subsequent legal provisions may not reiterate the content of the norms of this Law, and must only refer to the respective article or be limited to regulating what is not provided.

(Text according to the section of the Complementary and Final Provisions of Law No. 27444)

Third.- Validity of this Law

1. This Law shall enter into force six months after its publication in the Official Gazette El Peruano.(*) SPIJ NOTE

2. The lack of regulation of any of the provisions of this Law shall not be an impediment to its validity and enforceability.

(Text according to the section of the Complementary and Final Provisions of Law No. 27444)

Fourth.- The ordinances issued by the District Municipalities that approve the amount of the processing fees of the procedures contained in their Single Text of Administrative Procedures that must be subject to ratification by the Provincial Municipalities of their circumscription according to the provisions of article 40 of Law No. 27972 - Organic Law of Municipalities, must be ratified within a maximum period of forty-five (45) business days, except for the fees for municipal taxes

in which case the period is sixty (60) business days.

(Text modified according to the Sole Complementary Modifying Provision of Legislative Decree No. 1452)

The ordinance is considered ratified if, once the maximum period established for the Provincial Municipality to issue its decision has expired, it has not issued the corresponding ratification, and no additional express decision is necessary.

The validity of the ordinance thus ratified requires its publication in the official newspaper El Peruano or in the newspaper responsible for judicial notices in the capital of the department or province, by the respective district municipality.

The ratification referred to in this provision does not apply to the processing fees of the mandatory standardized administrative procedures approved by the Presidency of the Council of Ministers.

(Text according to the section of the Final Complementary Provisions of Legislative Decree No. 1272)

Fifth.- The powers granted to the Presidency of the Council of Ministers through article 48 of Law No. 27444, Law of General Administrative Procedure, are also applicable to the Single System of Procedures (SUT) for the simplification of procedures and services provided exclusively, created by Legislative Decree No. 1203.

(Text according to the section of the Final Complementary Provisions of Legislative Decree No. 1272)

Sixth.- Approval of Ordered Single Texts The entities of the Executive Branch are empowered to compile in the respective Ordered Single Text the modifications made to legal or regulatory provisions of general scope corresponding to the sector to which they belong, with the purpose of compiling all regulations in a single text.

Its approval is made by supreme decree of the corresponding sector, and must have the prior favorable opinion of the Ministry of Justice and Human Rights.

(Text according to the section of the Final Complementary Provisions of Legislative Decree No. 1452)

Seventh.- Preparation of Guide for the preparation of draft regulatory norms The Ministry of Justice and Human Rights, within a period no greater than 120 (one hundred twenty) business days from the publication of this Legislative Decree, issues a Guide for the preparation of draft regulatory norms, of mandatory compliance for all entities of the Public Administration.

(Text according to the section of the Final Complementary Provisions of Legislative Decree No. 1452)

Eighth.- Adaptation of the Ordered Single Text of Law No. 27444, Law of General Administrative Procedure The Ministry of Justice and Human Rights, within a period no greater than 60 (sixty) business days from the publication of this Legislative Decree, incorporates the modifications contained in this norm into the Ordered Single Text of the Law of General Administrative Procedure, approved by Supreme Decree No. 006-2017-JUS.

(Text according to the section of the Final Complementary Provisions of Legislative Decree No. 1452)

Ninth.- Grounds for negative administrative silence The obligation to base on a substantive provision the qualification of negative administrative silence in an administrative procedure provided in numeral 34.1 of Law No. 27444, Law of General Administrative Procedure, is applicable to regulations approved after the entry into force of this Legislative Decree.

(Text according to the section of the Final Complementary Provisions of Legislative Decree No. 1452)

Tenth.- Transition process By 31 December 2018, the transfer from the Presidency of the Council of Ministers to the competent entity of the documentary collection and instruments related to the Methodology for determining the processing fees of administrative procedures and services provided exclusively is completed.

(Text according to the section of the Final Complementary Provisions of Legislative Decree No. 1452)

TRANSITORY COMPLEMENTARY PROVISIONS First.- Transitory regulation

1. Administrative procedures initiated before the entry into force of this Law shall be governed by the previous regulations until their conclusion.

2. However, the provisions of this Law that recognize rights or powers of the administered before the administration, as well as its Preliminary Title, are applicable to procedures in progress.

3. Special procedures initiated during the adaptation period contemplated in the third transitory provision shall be governed by the provisions of the previous regulations applicable to them, until the approval of the corresponding modification, in which case the procedures initiated after its entry into force are governed by the aforementioned adaptation regulations.

(Text according to the section of the Transitory Complementary Provisions of Law No. 27444)

Second.- Deadline for the adaptation of special procedures By regulation, within a period of six months from the publication of this Law, the adaptation of the norms of the regulatory entities of the different administrative procedures, whatever their rank, shall be carried out, in order to achieve an integration of the general norms applicable supplementarily.

(Text according to the section of the Transitory Complementary Provisions of Law No. 27444)

Third.- Deadline for the approval of the TUPA The entities must approve their TUPA in accordance with the norms of this Law, within a maximum period of four months counted from its entry into force.

(Text according to the section of the Transitory Complementary Provisions of Law No. 27444)

Fourth.- Regime of certifying officers For the purposes of the provisions of article 138 of this Ordered Single Text of Law No. 27444, each entity may prepare an internal regulation in which the requirements, attributions and other norms related to the performance of the functions of certifying officer shall be established.

(Text according to the section of the Complementary Transitory Provisions of Law No. 27444)

Fifth.- Dissemination of this Law The entities, under the responsibility of their head, must carry out actions for the dissemination, information and training of the content and scope of this Law in favor of their personnel and the user public. Such actions may be executed through the Internet, printed materials, talks, posters or other means that ensure the adequate dissemination thereof. The cost of the information, dissemination and training actions must not be passed on to the user public.

The entities, within a period no greater than 6 (six) months from the publication of this Law, must inform the Presidency of the Council of Ministers about the actions carried out to comply with the provisions of the preceding paragraph.

(Text according to the section of the Complementary Transitory Provisions of Law No. 27444)

Sixth.- The entities shall have a period of sixty (60) days, counted from the entry into force of this Legislative Decree, to adapt their special procedures as provided in numeral 2 of the

article II of the Preliminary Title of this Single Ordered Text of Law No. 27444.

(Text according to the section of the Complementary Transitory Provisions of Legislative Decree No. 1272)

Seventh.- Within a period of one hundred twenty (120) days, counted from the entry into force of this Legislative Decree, the entities must justify before the Presidency of the Council of Ministers the procedures that require the application of negative silence, provided in article 38 of this Single Ordered Text of Law No. 27444.

(Text according to the section of the Complementary Transitory Provisions of Legislative Decree No. 1272)

Eighth.- Within a period of one hundred twenty (120) days, counted from the entry into force of this Legislative Decree, the entities must adapt the costs of their administrative procedures and services provided exclusively, in accordance with the provisions of numeral 53.6 of article 53 of this Single Ordered Text of Law No. 27444.

(Text according to the section of the Complementary Transitory Provisions of Legislative Decree No. 1272)

Ninth.- For the application of the loss of effectiveness and enforceability of the administrative act provided in numeral 204.1.2 of article 204 of this Single Ordered Text of Law No. 27444, Law of General Administrative Procedure, a period of six (6) months is established, counted from the entry into force of this Legislative Decree, for those acts that as of the date of entry into force of this legislative decree have elapsed more than two (2) years since having acquired firmness.

(Text according to the section of the Complementary Transitory Provisions of Legislative Decree No. 1272)

Tenth.- For the application of the expiration provided in article 259 of this Single Ordered Text of Law No. 27444, Law of General Administrative Procedure, a period of one (1) year is established, counted from the entry into force of Legislative Decree No. 1272, for those sanctioning procedures that are currently in process.

(Text according to the section of the Complementary Transitory Provisions of Legislative Decree No. 1272)

Eleventh.- Within a period of sixty (60) business days, counted from the entry into force of this Legislative Decree, the Single Ordered Text of Law No. 27444 shall be approved, by Supreme Decree endorsed by the Ministry of Justice and Human Rights.

(Text according to the section of the Complementary Transitory Provisions of Legislative Decree No. 1272)

Twelfth.- The documents prohibited from being requested from the administered or users referred to in article 5 of Legislative Decree 1246, Legislative Decree that approves various administrative simplification measures, and those determined by Supreme Decree, in accordance with the provisions of numeral 5.3 of the referred article, are disseminated through the Portal of the Peruvian State (http://www.peru.gob.pe/) and the Portal of Services to Citizens and Businesses (http://www.serviciosalciudadano .gob.pe/).

(Text according to the section of the Complementary Transitory Provisions of Legislative Decree No. 1272)

Thirteenth.- Electronic boxes or computer systems existing or in the process of implementation The provisions for notification in electronic boxes or computer systems existing or in the process of implementation as of the date of entry into force of this legislative decree continue to operate, and to the extent compatible with their operation, they are adapted to the provisions of the Supreme Decree of the Presidency of the Council of Ministers that approves the criteria, conditions, mechanisms and deadlines for the gradual implementation in public entities of the single electronic box.

Likewise, the provisions of the fifth paragraph of numeral 20.4 of Law No. 27444, Law of General Administrative Procedure, are not applicable to electronic boxes whose mandatory nature was established prior to this legislative decree.

(Text according to the Sole Complementary Transitory Provision of Legislative Decree No. 1452)

COMPLEMENTARY REPEALING PROVISIONS First.- Generic repeal This Law is of public order and repeals all legal or administrative provisions, of equal or lower rank, that oppose or contradict it, regulating administrative procedures of a general nature, those whose specialty is not justified by the matter they govern, as well as by absorption those provisions that present identical content to any precept of this Law.

(Text according to the section of the Complementary and Final Provisions of Law No. 27444)

Second.- Express repeal

Particularly, the following norms are expressly repealed as of the entry into force of this Law:

1. Supreme Decree No. 006-67-SC, Law No. 26111, the Single Ordered Text of the Law of General Norms of Administrative Procedures, approved by Supreme Decree No. 002-94-JUS and its amending, supplementary, substitutive and regulatory norms;

2. Law No. 25035, called the Administrative Simplification Law, and its amending, supplementary, substitutive and regulatory norms;

3. Title IV of Legislative Decree No. 757, entitled Framework Law for the Growth of Private Investment, and its amending, complementary, substituting and regulatory rules;

4. Sixth Complementary and Transitional Provision of Law No. 26979, entitled Law on the Coercive Execution Procedure.

(Text according to the section of the Complementary and Final Provisions of Law No. 27444)

Third.- From the entry into force of this Law, the following rules are expressly repealed:

1) Law No. 29060, Law on Administrative Silence.

2) Articles 210 and 240 of Law 27444, Law on the General Administrative Procedure.

3) Article 279 of Chapter XIX of Title Eleven of the General Mining Law, approved by Legislative Decree No. 109, contained in Article 161 of Chapter XVII of Title Twelve of the Single Ordered Text of the General Mining Law, approved by Supreme Decree No. 014-92-EM, the provisions of this Law being applicable.

(Text according to the Repealing Complementary Provision of Legislative Decree No. 1272)

ERRATA Date of publication: 02-02-2019

• In the Single Ordered Text of Law No. 27444 - Law on the General Administrative Procedure;

SAYS:

Article 44.- Approval and dissemination of the Single Text of Administrative Procedures (.)

44.8 The official who:

(.)

Likewise, the Mayor and the municipal manager, or those acting in their stead, incur administrative liability when, after the period of thirty (30) business days has elapsed following receipt of the ratification request of

In this edition of Legal Norms of the Official Gazette "El Peruano" it says: "recurso", it should say:

"recursos" the district municipality has failed to attend to the ratification request of the rates referred to in Article 40 of Law 27972, Organic Law of Municipalities, except for the rates for local taxes (arbitrios), in which case the period shall be sixty (60) business days.

SHOULD SAY:

Article 44.- Approval and dissemination of the Single Text of Administrative Procedures (.)

44.8 The official who:

(.)

Likewise, the Mayor and the municipal manager, or those acting in their stead, incur administrative liability when, after the period of forty-five (45) business days has elapsed following receipt of the ratification request of the district municipality, it has failed to attend to the ratification request of the rates referred to in Article 40 of Law 27972, Organic Law of Municipalities, except for the rates for local taxes (arbitrios), in which case the period shall be sixty (60) business days.

ERRATA Date of publication: 02-02-2019

• In the Single Ordered Text of Law No. 27444 - Law on the General Administrative Procedure;

SAYS:

Article 261.- Administrative offenses (.)

10. Disseminate in any way or allow access to the confidential information referred to in item 169.1 of this SOT.

(.)

SHOULD SAY:

Article 261.- Administrative offenses (.)

10. Disseminate in any way or allow access to the confidential information referred to in item 171.1 of this SOT This provision refers to the validity of Law No. 27444, published on 11 April 2001 in the official gazette El Peruano.

(*) SPIJ NOTE:

AMENDING TEXT:

“Article 36.- Legality of administrative procedures and services provided on an exclusive basis (...)

36.7 The provisions set forth in the preceding items are applicable to services provided on an exclusive basis, to the extent applicable.” AMENDING TEXT:

“Article 36-A. Mandatory Standardized Administrative Procedures and Services Provided on an Exclusive Basis 36-A.1 Standardization constitutes the process promoted and developed by the Presidency of the Council of Ministers, in coordination with the entity that has authority over the matter.

It allows for the generation of uniform conditions for the processing of the same administrative procedure or service provided on an exclusive basis in different public entities responsible for its handling, so that said entities do not engage in differentiated practices and/or unnecessary requirements during its provision.

36-A.2 By supreme decree countersigned by the President of the Council of Ministers, standardized administrative procedures and services provided on an exclusive basis are approved for mandatory application by the competent entities to process them, which are not authorized to modify or alter them.

, upon the proposal of the competent entity or the Presidency of the Council of Ministers, If a rule establishing measures for the simplification or elimination of administrative procedures or services provided on an exclusive basis is approved, the Public Management Secretariat shall make the corresponding modifications to the Single Procedures System, ex officio or at the request of the competent entity in the matter.

36-A.3 The entities of the Executive Branch that have issued and/or issue regulatory provisions containing administrative procedures and services provided on an exclusive basis under the responsibility of regional governments and local governments are obliged to develop the standardization in coordination with the Presidency of the Council of Ministers.

36-A.4 Entities are obliged to incorporate said standardized procedures and services into their respective Single Text of Administrative Procedures without the need for approval by another entity.

Entities may only determine: the documentary processing unit or the one acting in its stead to initiate the administrative procedure or service provided on an exclusive basis, the competent authority to resolve the administrative procedure and the organizational unit to which it belongs, and the competent authority that resolves administrative appeals, as applicable.

36-A.5 36-A.6 The failure by entities to update their respective Single Administrative Procedure Texts

within five (5) business days after the entry into force of the regulation approving the administrative procedures and services provided exclusively in a standardized manner by the Council of Ministers, results in the application of article 49.

Administrative The regulation approving the administrative procedures and services provided exclusively in a standardized manner may set a longer period for updating the Single Administrative Procedure Texts, in those cases where the standardization comprises a significant number of administrative procedures and services provided exclusively, which for their proper implementation require making adjustments to the internal management of the obligated entities.” AMENDING TEXT:

“Article 37. Content of the Single Administrative Procedure Text (...)

37.3 Provisions for the approval of services provided exclusively are approved by supreme decree countersigned by the President of the Council of Ministers.

37.4 For those services that are not provided exclusively, the entities, through a Resolution of the Head of the entity, establish the designation, the clear and exhaustive description of the requirements and their respective costs, which must be duly disseminated so that they are publicly known, respecting the provisions of the 60 of the Political Constitution of Peru and the regulations on the suppression of unfair competition.

article Provisions for the approval of services not provided exclusively are approved by supreme decree countersigned by the President of the Council of Ministers.” AMENDING TEXT:

“Article 38.- Approval and dissemination of the Single Administrative Procedure Text (...)

38.3. The TUPA and the regulation approving or amending it must be published on the portal of the official newspaper El Peruano. Additionally, it is disseminated through the Single Digital Platform of the Peruvian State for Citizen Guidance and in . Publication in the media provided for in this numeral is carried out free of charge.

web on the same date as the publication of the regulation in the newspaper the respective digital headquarters of the entity (...)

38.8 The official who: incurs administrative liability

The ratification process of the processing fees of the TUPAs of district municipalities is carried out through the Single Procedure System, in accordance with the legislation on the matter.

(...)

Likewise, the Mayor and the municipal manager, or those who act in their place, incur administrative liability when, after the period of forty-five (45) business days following receipt of the ratification request from the district municipality, they have not complied with the fees for processing rights referred to in article 40 of Law 27972, Organic Law of Municipalities, except for the fees for municipal taxes in which case the period is sixty (60) business days.

issue a pronouncement that is limited to the determination of the amount (...)".

TEXTO MODIFICATORIO:

Article 44.- Processing fee (...)

By Supreme Decree endorsed by the President of the Council of Ministers and the Minister of Economy and Finance, following the provisions of the preceding numeral, the processing fees for standardized procedures may be approved, which are mandatory for the entities from their publication in the Official Gazette, without the need to update the Single Text of Administrative Procedures. Without prejudice to the foregoing, the entities are obliged to incorporate the amount of the processing fee in their Administrative Procedures within the period, without requiring an approval procedure, nor its ratification." 44.7 El Peruano Single Texts established in the supreme decree that approves the processing fees of administrative procedures and services provided exclusively standardized