Law on the Code of Ethics for Public Service

Law on the Code of Ethics for Public Service
Law No. 27815
(*) Pursuant to the Sole Complementary Provision of Law No. 28496, published on April 16, 2005, any reference to "public servant" in the Law on the Code of Ethics for Public Service shall be understood to refer to the new denomination of "public employee," according to the Framework Law on Public Employment, Law No. 28175. CONCORDANCES: D.S. No. 033-2005-PCM (REGULATION) R.C. No. 368-2003-CG (Approve Directive No. 003-2003-CG/AC “Transparency Standards in the Conduct and Performance of Officials and Servants of the Comptroller General of the Republic and of Institutional Control Bodies”) R.M. No. 378-2004-JUS R.J. No. 243-2004-AGN-J (Create the Ethics, Transparency and Anti-Corruption Commission of the National General Archive) R. No. 350-2004-SUNARP-SN R.M. No. 936-2005-DE-SG (Approve the “Code of Ethics of the Armed Forces of Peru”) R. No. 528-2005-CG (Approve Directive “Exercise of Preventive Control by Institutional Control Bodies”) R.M. No. 007-2006-PCM (Approve Directive on neutrality and transparency of the PCM, Decentralized Public Bodies and Entities Attached to the Sector and their public employees, during the 2006 electoral process) R.M. No. 009-2006-EF-10 (Approve the Directive on neutrality and transparency of public employees of the Economy and Finance Sector during the 2006 electoral process) Board Agreement No. 001-2006-003-FONAFE (Approve Directive on Neutrality and Transparency of Personnel of State-Owned Companies during Electoral Processes) R.J. No. 5387-2005-INACC-J (Approve Directive No. 007-2005-INACC-J (Ethics Standards for Public Employees of the National Institute of Concessions and Mining Cadastre)) R.M. No. 057-2006-MINSA (Approve “Administrative Directive on Neutrality and Transparency of Public Employees of the Ministry of Health and its Dependencies”) R.M. No. 053-2006-MTC-01 (Approve the “Directive on neutrality and transparency of Public Employees of the Transport and Communications Sector during the 2006 electoral process) R.M. No. 023-2006-PRODUCE (Approve “Directive on neutrality and transparency of the Ministry of Production, Decentralized Public Bodies and entities attached to the Sector and their public employees, during the 2006 electoral process”) Directive No. 075-MINSA-DST-V.01 (Administrative Directive on Neutrality and Transparency of Public Employees of the Ministry of Health and its Dependencies) R.M. No. 028-2006-PRODUCE (Approve “Ethics Standards of the Ministry of Production) R.N. No. 008-CND-P-2006 (Approve Directive “Transparency Standards in the Conduct and Performance of Officials and Public Servants, as well as Persons who provide services to the State in the National Council of Decentralization”) R.M. No. 0129-2006-RE (Approve Directive on neutrality and transparency of the Ministry, diplomatic workers and officials during the 2006 Electoral Process) Board Agreement No. 001-2006-004-FONAFE (The framework code of good corporate governance of companies under the scope of FONAFE and the
guidelines for the performance of the state as owner are approved) Board Agreement No. 010-2006-004-FONAFE (The Framework Code of Ethics of the workers of state-owned companies is approved) Directive 210-2005-CADER-OAAE-VMGI-ME (Standards for the Processing and Investigation of Complaints and Claims)

R.M. No. 065-2006-MINCETUR-DM (Approve Directive on Neutrality and Transparency of Personnel of the Ministry, Entities and Bodies that form part of its Organizational Structure, during the 2006 Electoral Process) R. No. 261-2006-INPE-P (Approve Directive “Protection mechanisms, stimuli and incentives, for INPE servants who report non-compliance with the provisions of the Law on the Code of Ethics for Public Service”) D.S. No. 056-2006-PCM (Approve Directive on transparency and neutrality of entities, public officials, trusted employees and public servants of the Executive Branch and members of the Armed Forces and National Police during Regional and Municipal Elections of November 2006) R.M. No. 0712-2006-ED , Num.X, inc.1 R. No. 0279-2007-ED (Approve Transparency Standards in the Conduct and Performance of Officials and Public Servants, who under any Labor Regime and Form or Contractual Modality, perform Activities or Functions in the Management and Administration Bodies of the Ministry of Education) R.M. No. 550-2007-MTC-01 (Approve Directive on incentives and stimuli for compliance with what is established in the Code of Ethics for Public Service and protection mechanisms for those who report non-compliance with said Code) D.S. No. 085-2007-PCM (Create the National Anti-Corruption Office) R.M. No. 420-2007-PCM (Approve the Operations Manual of the National Anti-Corruption Office) R.M. No. 348-2007-PRODUCE, Art. 4 R.J. No. 004-2008-SIS (Approve Directive No. 001-2008-SIS-GM “Access of Users to Public Information of the Integral Health Insurance” and its annexes) R. No. 040-2008-INGEMMET-PCD (Approve Directive named Code of Ethics and Conduct of Public Servants of INGEMMET) R. No. 258-2008-CONSUCODE-PRE (Approve the Code of Ethics for Arbitration in State Contracting and Acquisitions) R. No. 021-2008-DP (Approve Directive No. 001-2008/DP that regulates the procedure for attending requests for access to public information of the Ombudsman and its annexes) R. C. No. 430-2008-CG Approve Directive No. 010-2008-CG “Standards for the Conduct and Performance of Personnel of the Comptroller General of the Republic and of Institutional Control Bodies” R.M. No. 0441-2008-ED, Num. IX, inc. 9.1 R.M. No. 050-2009-PCM (Approve Directive “Guidelines for the Promotion of the Code of Ethics for Public Service in public entities of the Executive Branch”) R.J. No. 0091-2009-INIA (Approve Institutional Directive “Dissemination of the Code of Ethics for Public Service, Elaboration of Measures against Corruption and Resolution of Complaints”) R. No. 106-2009-SUNAT (Approve SUNAT 2009 Anti-Corruption Operational Plan) D.S. No. 030-2009-PCM, Art. 20, num. 20.6 R.S. No. 111-2009-PCM (Institute ceremony of recognition to the public servant who promotes with example the implantation of positive values within each Ministerial headquarters) R. No. 083-2009-J-OCMA-PJ (Dictate normative adaptation provisions for the processing of disciplinary procedures against auxiliary
judicial personnel) R.M. No. 295-2009-PRODUCE (Approve General Directive No. 006 “Provisions for the application of the Code of Ethics for Public Service and its respective dissemination in the Ministry of Production”) R. No. 161-2009-SUNAT (Approve Code of Ethics of the National Superintendence of Tax Administration) R.M. No. 378-2009-TR (Approve “Code of Ethics of the Ministry of Labor and Employment Promotion - MTPE”) R.M. No. 030-2010-MINAM (Approve Directive No. 002-2010-MINAM “Incentives, Stimuli and Protection Mechanisms within the Framework of the Code of Ethics for Public Service for the personnel of the Ministry of the Environment”)

R.S. No. 120-2010-PCM (Approve Guidelines for the selection and recognition of the public employee who stands out in compliance with the Code of Ethics for Public Service) R.M. No. 105-2010-MINCETUR-DM (Approve the Internal Regulation of the Disciplinary Regime and Public Ethics of MINCETUR) THE PRESIDENT OF THE REPUBLIC WHEREAS:
The Permanent Commission of the Congress of the Republic has given the following Law:
THE PERMANENT COMMISSION OF THE CONGRESS OF THE REPUBLIC; Has given the following Law:
LAW ON THE CODE OF ETHICS FOR PUBLIC SERVICE
CHAPTER I
ON PUBLIC SERVICE
Article 1.- Scope of application
The Ethical Principles, Duties and Prohibitions established in this Code of Ethics for Public Service govern public servants of the entities of the Public Administration, in accordance with what is established in article 4 of this Code. For the purposes of this Law, the term entity or entities of the Public Administration shall refer to those indicated in article 1 of Law No. 27444, General Administrative Procedure Law, including public companies. CONCORDANCES: D.S. No. 033-2005-PCM, Regulation, Art. 2
Article 2.- Public Service
For the purposes of this Code, public service is understood as any temporary or permanent, paid or honorary activity, carried out by a person in the name or on behalf of the entities of the Public Administration, at any of their hierarchical levels.
Article 3.- Purposes of Public Service
The purposes of public service are Service to the Nation, in accordance with what is provided in the Political Constitution, and the achievement of higher levels of efficiency of the state apparatus, so that better attention to the citizenry is achieved, prioritizing and optimizing the use of public resources, in accordance with what is provided by the Framework Law on Modernization of State Management.
Article 4.- Public Servant
4.1 For the purposes of this Code, a public servant is considered to be any official, servant or employee of the entities of the Public Administration, at any hierarchical level, whether appointed, contracted, designated, trusted or elected, who performs activities or functions in the name or on behalf of the State. ()
() Numeral modified by the Sole Article of Law No. 28496, published on April 16, 2005, whose text is as follows:
"4.1 For the purposes of this Code, a public employee is considered to be any official or servant of the entities of the Public Administration at any hierarchical level, whether appointed, contracted, designated, trusted or elected, who performs activities or functions in the name of the service of the State."
4.2 For this purpose, it does not matter the legal regime of the entity in which services are rendered nor the labor or contracting regime to which they are subject.
4.3 Entry into public service implies taking knowledge of this Code and assuming the commitment to its due compliance.
CONCORDANCES: D.S. No. 033-2005-PCM, Regulation, Art. 2
Article 5.- Interpretation and consultations
5.1 The Presidency of the Council of Ministers is the entity responsible for issuing interpretative and clarifying norms of this Code.
5.2 In case of doubt regarding a concrete issue of an ethical nature, the corresponding entity must consult the Presidency of the Council of Ministers.
CHAPTER II
ETHICAL PRINCIPLES AND DUTIES OF THE PUBLIC SERVANT CONCORDANCES: D.S. No. 033-2005-PCM, Regulation, Art. 5
Article 6.- Principles of Public Service
The public servant acts in accordance with the following principles:
1. Respect
Adapts his conduct towards respect for the Constitution and the Laws, guaranteeing that in all phases of the decision-making process or in the compliance of administrative procedures, the rights to defense and due process are respected.
2. Probity
Acts with rectitude, honesty and integrity, seeking to satisfy the general interest and discarding any personal benefit or advantage, obtained by himself or through an intermediary person.
3. Efficiency
Provides quality in each of the functions under his charge, seeking to obtain solid and permanent training.
4. Competence
Understood as technical, legal and moral aptitude, it is an essential condition for access and exercise of public service. The public servant must strive for solid training in accordance with reality, training permanently for the due fulfillment of his functions.
5. Veracity
Expresses himself authentically in functional relations with all members of his institution and with the citizenry, and contributes to the clarification of facts.
6. Loyalty and Obedience
Acts with fidelity and solidarity towards all members of his institution, complying with the orders issued by the competent hierarchical superior, insofar as they meet the formalities of the case and have as their object the performance of service acts that are linked to the functions under his charge, except in cases of manifest arbitrariness or illegality, which he must bring to the attention of the hierarchical superior of his institution.
7. Justice and Equity
Has permanent disposition for the fulfillment of his functions, giving to each one what is due, acting with equity in his relations with the State, with the administered, with his superiors, with his subordinates and with the citizenry in general.
8. Loyalty to the Rule of Law
The trusted official must be loyal to the Constitution and the Rule of Law. Holding positions of trust in de facto regimes is a cause for automatic and immediate dismissal from public service. CONCORDANCES: D.S. No. 033-2005-PCM, Regulation, Art. 6
Article 7.- Duties of Public Service
The public servant has the following duties:
1. Neutrality
Must act with absolute political, economic or any other kind of impartiality in the performance of his functions, demonstrating independence from his links with persons, political parties or institutions. CONCORDANCES: R. de Alcaldía No. 061-2006-MPL (Approve Directive on the neutrality and transparency of public servants of the Municipality during electoral processes of the year 2006) R.M. No. 0806-2006-IN-0301 (Approve Directive “Standards to ensure and guarantee the neutrality of civil public employees of the Ministry of the Interior and personnel of the National Police of Peru during the General Electoral Process of the Year 2006”)
2. Transparency
Must execute service acts in a transparent manner, which implies that such acts are in principle public and accessible to the knowledge of any natural or legal person. The public servant must provide and facilitate reliable, complete and timely information.
3. Discretion
Must keep secret facts or information of which he has knowledge by reason or on the occasion of the exercise of his functions, without prejudice to the duties and responsibilities that correspond to him by virtue of the norms that regulate access and transparency of public information.
4. Adequate Exercise of the Position
By reason or on the occasion of the exercise of his functions, the public servant must not adopt any type of reprisal or exercise any coercion against other public servants or other persons.
5. Adequate Use of State Assets
Must protect and conserve the assets of the State, using those assigned to him for the performance of his functions in a rational manner, avoiding their abuse, waste or underutilization, without employing or allowing others to employ State assets for private purposes or purposes other than those for which they were specifically destined.
6. Responsibility
Every public servant must develop his functions thoroughly and in an integral manner, assuming his public function with full respect.
In extraordinary situations, the public servant may perform those tasks that by their nature or modality are not strictly inherent to his position, provided that they are necessary to mitigate, neutralize or overcome the difficulties faced. Every public servant must respect the rights of the administered established in article 55 of Law No. 27444, General Administrative Procedure Law. CONCORDANCES: R. No. 437-2002-SUNARP-SN D.S. No. 033-2005-PCM, Regulation, Art. 6
CHAPTER III
ETHICAL PROHIBITIONS OF THE PUBLIC SERVANT
Article 8.- Ethical Prohibitions of Public Service
The public servant is prohibited from:
1. Maintaining Conflict of Interest
Maintaining relations or accepting situations in whose context his personal, labor, economic or financial interests could be in conflict with the fulfillment of the duties and functions under his charge.
2. Obtaining Undue Advantages
Obtain or procure undue benefits or advantages, for himself or for others, through the use of his position, authority, influence or appearance of influence.
3. Carrying Out Political Proselytism Activities
Carry out political proselytism activities through the use of his functions or through the use of infrastructure, goods or public resources, either in favor of or against political parties or organizations or candidates. CONCORDANCES: R.M. No. 0806-2006-IN-0301 (Approve Directive “Standards to ensure and guarantee the neutrality of civil public employees of the Ministry of the Interior and personnel of the National Police of Peru during the General Electoral Process of the Year 2006”)
4. Misuse of Privileged Information
Participate in financial transactions or operations using privileged information of the entity to which he belongs or that he could have access to it by his condition or exercise of the position he holds, nor must he allow the improper use of said information for the benefit of any interest.
5. Pressure, Threat and/or Harassment
Exert pressures, threats or sexual harassment against other public servants or subordinates that may affect the dignity of the person or induce the performance of fraudulent actions.

CONCORDANCES: D.S. No. 033-2005-PCM, Regulation, Art. 6 R.M. No. 028-2006-PRODUCE, Prohibitions
CHAPTER IV
INCENTIVES, SANCTIONS AND PROCEDURE
Article 9.- High Management Body
9.1 The High Management Body of each public entity executes, in the institution of its competence, the measures to promote the culture of probity, transparency, justice and public service established in this Code.
9.2 The High Management Body establishes the mechanisms and incentives that allow correct, transparent and loyal performance of public servants. In this sense, said body is responsible for:
a) Disseminating the Code of Ethics for Public Service. b) Designing, establishing, applying and disseminating incentives and stimuli to public servants who comply with the principles, duties and obligations of this Code and respect its prohibitions. c) Developing educational campaigns on sanctions for public servants who have practices contrary to the principles established in this Code. CONCORDANCES: D.S. No. 033-2005-PCM, Regulation, Art. 21 and 22 R.M. No. 550-2007-MTC-01
Article 10.- Sanctions
10.1 The transgression of the principles and duties established in Chapter II and of the prohibitions indicated in Chapter III, of this Law, is considered an infringement of this Code, generating responsibility liable to sanction.
10.2 The Regulation of this Law establishes the corresponding sanctions. For their graduation, the norms on administrative career and the labor regime applicable by virtue of the position or function performed will be taken into account.
10.3 The sanctions applicable for the transgression of this Code do not exempt from the administrative, civil and penal responsibilities established in the regulations.
Article 11.- Obligation to communicate transgression of the Code
Every public servant who has knowledge of any act contrary to what is regulated by this Code has the obligation to inform the Permanent Commission for Disciplinary Administrative Proceedings of the affected entity, or the body that acts in its place, for the conduct of the respective process, under responsibility. () () Article modified by the Sole Article of Law No. 28496, published on April 16, 2005, whose text is as follows:
"Article 11.- Obligation to communicate or report acts contrary to the Code Every public employee, under responsibility, has the duty to communicate, as well as the natural or legal person has the right to report, acts contrary to what is regulated in this Code, before the Permanent Commission for Disciplinary Administrative Proceedings of the affected entity or the body that acts in its place.”
Article 12.- Procedure
Public entities will apply, with prior legal opinion, the corresponding sanction in accordance with the regulation of this Law, Legislative Decree No. 276 and its Regulation, when applicable, and their internal norms.
Article 13.- Registry of Sanctions
13.1 Expand the content of the National Registry of Dismissal and Dismissal Sanctions, established in article 242 of the General Administrative Procedure Law, Law No. 27444, and annotate in it the sanctions produced by the transgression of this Code.
13.2 The Registry must contain the personal data of the servant, the sanction imposed, the duration and the cause of the same.
13.3 The inscription in the Registry has a duration of one year counted from the completion of the sanction.
COMPLEMENTARY AND FINAL PROVISIONS
First.- Integration of Special Procedures
The Code of Ethics for Public Service is supplementary to the laws, regulations and other existing procedure norms insofar as they do not contradict or oppose them, in which case the special provisions prevail. Second.- Regulation The Executive Branch, through the Presidency of the Council of Ministers, regulates this Law within a maximum period of 90 days from its entry into force. Communicate to the Señor President of the Republic for its promulgation. In Lima, on the twenty-second day of the month of July of two thousand two. CARLOS FERRERO President of the Congress of the Republic HENRY PEASE GARCÍA First Vice President of the Congress of the Republic TO THE CONSTITUTIONAL PRESIDENT OF THE REPUBLIC THEREFORE:
I order it to be published and complied with.
Given in the House of Government, in Lima, on the twelfth day of the month of August of the year two thousand two.
ALEJANDRO TOLEDO
Constitutional President of the Republic
LUIS SOLARI DE LA FUENTE
President of the Council of Ministers