Law No. 31299

Sector: CONGRESO DE LA REPUBLICA
Fecha de Publicación: 21 de julio de 2021
Law that modifies Law 26771, which establishes the prohibition on exercising the power to appoint and hire personnel in the Public Sector in cases of kinship; and Law 30057, the Civil Service Law, to expand the grounds for nepotism to include the hiring of parents of children, safeguarding the principles of meritocracy, good administration, and correct use and allocation of public resources

LAW No. 31299

THE PRESIDENT OF THE REPUBLIC

WHEREAS:

THE CONGRESS OF THE REPUBLIC;

Has enacted the following Law:

LAW THAT MODIFIES LAW 26771, WHICH ESTABLISHES THE PROHIBITION ON EXERCISING THE POWER TO APPOINT AND HIRE PERSONNEL IN THE PUBLIC SECTOR IN CASES OF KINSHIP; AND LAW 30057, THE CIVIL SERVICE LAW, TO EXPAND THE GROUNDS FOR NEPOTISM TO INCLUDE THE HIRING OF PARENTS OF CHILDREN, SAFEGUARDING THE PRINCIPLES OF MERITOCRACY, GOOD ADMINISTRATION, AND CORRECT USE AND ALLOCATION OF PUBLIC RESOURCES

Article 1. Modification of Article 1 of Law 26771, which establishes the prohibition on exercising the power to appoint and hire personnel in the public sector in cases of kinship

Article 1 of Law 26771, which establishes the prohibition on exercising the power to appoint and hire personnel in the public sector in cases of kinship, modified by Law 30294, is amended as follows:

“Article 1. Officials, executives, and public servants, and/or personnel of trust of the entities and departments comprising the National Public Sector, as well as state-owned enterprises, who enjoy the power to appoint and hire personnel, or who have direct or indirect influence in the selection process, are prohibited from appointing, hiring, or inducing others to do so in their entity regarding their relatives up to the fourth degree of consanguinity, second degree of affinity, by reason of marriage, de facto union, cohabitation, or being parents of their children.

For the purposes of this law, kinship by affinity is also understood to apply to the concubine, cohabitant, and parent of the child.

The prohibition is extended to the signing of service lease contracts, consulting contracts, and other contracts of a similar nature.”

Article 2. Modification of Article 83 of Law 30057, the Civil Service Law

Article 83 of Law 30057, the Civil Service Law, is amended as follows:

“Article 83. Nepotism

Civil servants, including officials who enjoy the power to appoint and hire personnel or who have direct or indirect influence in the selection or hiring process of persons, are prohibited from exercising such power in their entity regarding their relatives up to the fourth degree of consanguinity, second degree of affinity, and by reason of marriage. Contracts or designations made in contravention of the provisions of this article are null and void.

The same rules apply in the case of cohabitants or de facto unions or parents of their children.

For the purposes of this law, kinship by affinity is also understood to apply to the concubine, cohabitant, and parent of the child.”

FINAL COMPLEMENTARY PROVISION

SOLE. Adaptation of regulations

The Executive Power adapts the Regulation of Law 26771, approved by Supreme Decree 021-2000-PCM, and its amendments, as well as the General Regulation of Law 30057, approved by Supreme Decree 040-2014-PCM, and its amendments, to what is established in this law within a term not exceeding thirty (30) business days counted from the effective date of the norm.

Communicate to the President of the Republic for its promulgation.

In Lima, on the second day of the month of July of two thousand twenty-one.

MIRTHA ESTHER VÁSQUEZ CHUQUILIN
Acting President of the Congress of the Republic

LUIS ANDRÉS ROEL ALVA
Second Vice President of the Congress of the Republic

TO THE PRESIDENT OF THE REPUBLIC

THEREFORE:

I order that it be published and complied with.

Given in the House of Government, in Lima, on the twentieth day of the month of July of the year two thousand twenty-one.

FRANCISCO RAFAEL SAGASTI HOCHHAUSLER
President of the Republic

VIOLETA BERMÚDEZ VALDIVIA
President of the Council of Ministers