Supreme Decree No. 009-2024-JUS: Regulations on Advertising, Publication of Draft Normative Projects, and Dissemination of General Legal Norms

Supreme Decree Approving the Regulation Establishing Provisions on the Publication and Dissemination of General Legal Norms, Resolutions, and Draft Normative Projects

SUPREME DECREE Nº 009-2024-JUS

Web Link: STATEMENT OF REASONS (PDF).

NOTE: This Statement of Reasons has not been published in the official newspaper “El Peruano”; it was sent by the General Secretariat of the Ministry of Justice and Human Rights, via Memorandum Nº 820-2024-JUS/SG dated September 10, 2024.

THE PRESIDENT OF THE REPUBLIC

CONSIDERING:

That, Article 109 of the Political Constitution of Peru establishes that the law is mandatory from the day following its publication in the official newspaper, unless the law itself provides otherwise by postponing its validity in whole or in part;

That, the Republic of Peru and the United States signed the “Peru-United States Trade Promotion Agreement” - APC Peru-USA, on April 12, 2006, which was approved by the Congress of the Republic through Legislative Resolution Nº 28766, and ratified by the President of the Republic through Supreme Decree Nº 030-2006-RE;

That, Chapter 19: Transparency of the APC Peru-USA, of the aforementioned International Agreement, establishes that the Parties shall ensure that their laws, regulations, procedures, and administrative resolutions of general application referred to any matter included in the Agreement, are published promptly, or are otherwise made available for the knowledge of persons and interested parties;

That, Chapter 26: Transparency and Anti-Corruption of the Comprehensive and Progressive Agreement for Trans-Pacific Partnership, approved by Legislative Resolution Nº 31286, states that each Party shall ensure that its laws, regulations, procedures, and administrative resolutions of general application with respect to any matter covered by this Treaty are published promptly or are otherwise made available, in a manner that allows persons and interested parties to become familiar with them;

That, subsection a) of Article 6 of Law Nº 29809, Law on the Organization and Functions of the Ministry of Justice and Human Rights, establishes as one of its guiding functions, to ensure that the work of the Executive Power is framed within the respect for the Political Constitution of Peru and legality;

That, subsection j) of Article 7 of the aforementioned Law states that it is a specific function of said Ministry to systematize legislation and general legal information and promote its study and dissemination, as well as to order its official edition;

That, subsection f) of Article 4 of the Regulation on Organization and Functions of the Ministry of Justice and Human Rights, approved by Supreme Decree Nº 013-2017-JUS, establishes that this sector is competent at the national level in matters of defense, coherence, and improvement of the legal system;

That, it is necessary to take advantage of the benefits offered by new technologies, being imperative, in that context, the use of the digital headquarters of entities of the Public Administration as official channels through which information regarding the normative work of the various entities can be made available to the citizenry;

That, the Fifth Final Complementary Provision of the Regulation that develops the Institutional Framework governing the Process of Improvement of Regulatory Quality and establishes the General Guidelines for the application of Ex Ante Regulatory Impact Analysis, approved by Supreme Decree Nº 063-2021-PCM, provides that the Ministry of Justice and Human Rights update the “Regulation that establishes provisions relative to the publicity, publication of draft normative projects, and dissemination of general legal norms”, approved by Supreme Decree Nº 001-2009-JUS, to maintain coherence with said Regulation;

That, on the other hand, by virtue of sub-paragraph 18 of paragraph 28.1 of Article 28 of the aforementioned Regulation, the present Supreme Decree is considered excluded from the scope of Ex Ante AIR, having been declared as such by the Multisectoral Commission for Regulatory Quality;

That, the Only Transitory Complementary Provision of Legislative Decree Nº 1565, Legislative Decree that approves the General Law for the Improvement of Regulatory Quality, establishes that processes of Ex Ante Regulatory Impact Analysis and Ex Ante Regulatory Quality Analysis that are pending for evaluation and those presented to the Multisectoral Commission for Regulatory Quality until the entry into force of the Regulation of the present Legislative Decree continue to be developed in accordance with the Regulations approved by Supreme Decrees Nº 063-2021-PCM and Nº 061-2019-PCM, respectively;

In accordance with what is established in Article 118 of the Political Constitution of Peru, and what is provided in Law Nº 29158, Organic Law of the Executive Power; and, Supreme Decree Nº 063-2021-PCM, Supreme Decree that approves the Regulation that develops the Institutional Framework governing the Process of Improvement of Regulatory Quality and establishes the General Guidelines for the application of Ex Ante Regulatory Impact Analysis;

DECREES:

Article 1.- Approval of the Regulation

Approve the Regulation that establishes provisions on the publication and dissemination of general legal norms, resolutions, and draft normative projects, whose text is composed of twenty-one (21) articles, which form an integral part of this Supreme Decree.

Article 2.- Publication

Order the publication of this Supreme Decree and of the Regulation approved through Article 1, on the Unique Digital Platform of the Peruvian State for Citizen Orientation (www.gob.pe), as well as on the digital headquarters of the Ministry of Justice and Human Rights (www.gob.pe/minjus), on the same day of its publication in the official newspaper El Peruano.

Article 3.- Financing

The provisions of this Supreme Decree are financed from the resources of the institutional budget of the respective Entities involved without demanding additional resources from the Public Treasury.

Article 4.- Counter-signature

This Supreme Decree is counter-signed by the Minister of Justice and Human Rights and by the Minister of Foreign Trade and Tourism.

COMPLEMENTARY MODIFICATION PROVISION

Only.- Modification of paragraph 14.7 of Article 14 and paragraph 15.2 of Article 15 of the Regulation of the Framework Law for the Production and Systematization of Legislation, approved by Supreme Decree Nº 007-2022-JUS

Modify paragraph 14.7 of Article 14 and paragraph 15.2 of Article 15 of the Regulation of the Framework Law for the Production and Systematization of Legislation, approved by Supreme Decree Nº 007-2022-JUS, according to the following text:

“Article 14.- Executive Regulations

...

14.7. Every draft executive regulation must be published to receive opinions from the citizenry in accordance with the norms established in Chapter IV of the Regulation that establishes provisions on the publication and dissemination of general legal norms, resolutions, and draft normative projects or the norm that replaces it.

“Article 15.- Autonomous Regulations

...

15.2. Every draft autonomous regulation must be published to receive opinions from the citizenry in accordance with the norms established in Chapter IV of the Regulation that establishes provisions on the publication and dissemination of general legal norms, resolutions, and draft normative projects or the norm that replaces it.

COMPLEMENTARY TRANSITORY PROVISION

Only.- Publication and dissemination of approved and pending legal norms

The publication and dissemination of general legal norms approved before the date of entry into force of this norm are governed by the provisions of the Regulation that establishes provisions relative to the publicity, publication of Draft Normative Projects, and dissemination of General Legal Norms, approved by Supreme Decree Nº 001-2009-JUS.

The publication of draft normative projects that, on the date of entry into force of this norm, have a technical report from the line organ of the proposing sector or the one acting in its place, are governed by the provisions of the Regulation that establishes provisions relative to the publicity, publication of Draft Normative Projects, and dissemination of General Legal Norms, approved by Supreme Decree Nº 001-2009-JUS.

COMPLEMENTARY REPEALING PROVISION

Only.- Repeal

Repeal the following norms:

• Supreme Decree Nº 045-82-JUS, The General Directorate of Legal Affairs will be in charge of the official edition of laws and general norms.
• Supreme Decree Nº 012-91-JUS, Approve and authorize the First Official Edition of the Penal Code, promulgated by Legislative Decree Nº 635.
• Supreme Decree Nº 010-99-JUS, Provide that general secretaries of Ministries or officials of equivalent rank of public entities, remit texts of general norms for their systematization.
• Supreme Decree Nº 001-2009-JUS, Regulation that establishes provisions relative to the publicity, publication of Draft Normative Projects, and dissemination of General Legal Norms.
• Articles 1 and 3 of Supreme Decree Nº 001-2003-JUS, Supreme Decree that declares Official Edition of the Ministry of Justice to the Peruvian Legal Information System - SPIJ.
• Ministerial Resolution Nº 389-89-JUS, Approve Directive to regulate the procedure in the delivery of copies of Official Editions.

Given in the Government House, in Lima, on the twenty-ninth day of the month of August of the year two thousand twenty-four.

DINA ERCILIA BOLUARTE ZEGARRA President of the Republic

ELIZABETH GALDO MARÍN Minister of Foreign Trade and Tourism

EDUARDO MELCHOR ARANA YSA Minister of Justice and Human Rights

REGULATION THAT ESTABLISHES PROVISIONS ON THE PUBLICATION AND DISSEMINATION OF GENERAL LEGAL NORMS, RESOLUTIONS, AND DRAFT NORMATIVE PROJECTS

CHAPTER I GENERAL PROVISIONS

Article 1.- Object

The object of this Regulation is:

1.1. To regulate the mandatory publication of general legal norms that make up the national legal system and other resolutions in the official newspaper, as well as in the digital headquarters of the entities of the Public Administration or through any other means that guarantees their general publicity, unless special legislation requires a specific means.

1.2. To strengthen the use of information technologies, promoting the use of the digital headquarters of the entities of the Public Administration and all those means available by the entities, for the timely and correct dissemination of general legal norms, constitutional, judicial, and administrative precedents, and binding jurisprudence.

1.3. To regulate the publication of draft normative projects.

Article 2.- Purpose

This Regulation aims to guarantee an effective and transparent performance of the normative and administrative function developed by the entities of the Public Administration, establishing uniform rules for the publication and dissemination of general legal norms and draft normative projects, as well as the dissemination of constitutional, judicial, and administrative precedents, and binding jurisprudence.

Article 3.- Scope of Application

This Regulation is applicable to all entities of the Public Administration indicated in Article I of the Preliminary Title of Law Nº 27444, General Administrative Procedure Law, which, within the scope of their competencies, issue general legal norms, as well as constitutional, judicial, and administrative precedents and binding jurisprudence.

Article 4.- Definitions

For the purposes of this Regulation, the following definitions are established:

4.1. Annex: Is the document that is part of the norm that includes information that, due to its length, its technical nature, the difficulty of being described in words, among other considerations, cannot be located in the dispositive part. The dispositive part of the norm makes express and specific reference to the information contained in the annex. This reference determines the link that exists between both. The annexes do not have normative provisions and their content is determined by what is established in Article 46 of the Regulation of the Framework Law for the Production and Systematization of Legislation approved by Supreme Decree Nº 007-2022-JUS or the norm that replaces it.

4.2. Official Edition of Legal Norms: Is a mechanism for disseminating legal norms, individually or compiled, that is carried out and approved by the Ministry of Justice and Human Rights, through printed, electronic, or other similar means, which faithfully reproduces the texts of the national general legislation in force, with its updates.

4.3. Normative Dissemination: Is the maximization of the dissemination of general legal norms that make up the national legislation, as well as constitutional, judicial, and administrative precedents, and binding jurisprudence.

4.4. Coordination and Administrative Management Provisions: Are those norms intended to organize and manage the functioning of the entities of the Public Administration that are framed in the fulfillment of administrative functions and serve as means for those to adequately fulfill their substantive functions.

4.5. General Norm: Is that which contains a generic, objective, and mandatory mandate, binding the Public Administration and/or the administered to create, modify, regulate, declare, limit, or extinguish rights or obligations of a general nature.

4.6. Norms Approving Norms: The legal norm that approves another general norm is composed both by the approving norm and the norm that it approves, the latter forming an integral part of the former.

4.7. National Legal System: The national legal system constitutes a system of general norms and mandatory compliance, which are integrated according to their own normative hierarchy and legal effects. The national legal system is also integrated by constitutional, judicial, and administrative precedents, and binding jurisprudence.

4.8. Draft Normative Project: Document prepared by an entity of the Public Administration with the purpose of becoming a general norm. Its elaboration and processing are subject to the procedure regulated by Law Nº 26889, Framework Law for the Production and Systematization of Legislation, its Regulation, and other norms that are applicable.

4.9. Publication of the Legal Norm: Is the publication of the legal norm in the official newspaper El Peruano or in another means established by legal mandate that ensures its knowledge in an indubitable manner, as appropriate. Publication in the official newspaper determines the validity of the legal norm from the following day, or from the date expressly indicated by the norm. A general legal norm that is not officially published has no efficacy.

4.10. Publication of Draft Normative Projects: Is the making known of draft normative projects to the citizenry, with the object of collecting their comments, contributions, or opinions, guaranteeing the principle of transparency and maximum dissemination, as well as the principle of citizen participation and/or of the administered, before, in the exercise of normative power, general norms that may affect rights, obligations, and interests are approved.

4.11. Digital Headquarters: Is a type of digital channel, through which citizens and persons in general can access the publication and/or dissemination of norms, and whose ownership, management, and administration corresponds to each entity of the Public Administration.

4.12. Peruvian Legal Information System (SPIJ): Is the computer medium with the character of official edition for the dissemination of general legal norms that make up the national legislation, duly systematized, concorded, and updated, as well as administrative, judicial, and constitutional precedents and binding jurisprudence. The Ministry of Justice and Human Rights administers and maintains the electronic or digital platform.

CHAPTER II PUBLICATION OF GENERAL LEGAL NORMS

Article 5.- Mandatory Publication of General Legal Norms

The official publication of general legal norms is essential for their entry into force. The issuing entities of the Public Administration are responsible for ordering their mandatory publication under the terms and conditions established in this Regulation and other norms that are applicable.

Article 6.- Official Publication of Legal Norms

The official publication of general legal norms is carried out in the official newspaper El Peruano, with the exceptions provided for in the Law.

Article 7.- Legal Norms and Resolutions with Publication in the Official Newspaper El Peruano

7.1. The following are published obligatorily in the official newspaper El Peruano:

a) The Political Constitution of Peru and its modifications;

b) Human rights treaties;

c) Laws, other treaties, legislative decrees, decrees of urgency, the regulation of the Congress of the Republic, legislative resolutions, and other norms of legal rank, as well as the sentences issued by the Constitutional Court in the processes of unconstitutionality and competential;

d) Supreme decrees, as well as the sentences issued by the Judicial Power in the last instance on processes of popular action that declare the unconstitutionality or illegality of regulations, administrative norms, and general resolutions;

e) Supreme resolutions of general effects;

f) Ministerial resolutions of general effects;

g) Administrative resolutions that approve regulations, directives, and guidelines, when they are of general scope, provided that they are dictated in the exercise of the faculties provided for in their creation laws or complementary norms, in accordance with the law;

h) Resolutions that constitute precedents and binding jurisprudence, in accordance with the rules of the applicable legal system, issued by the constitutional bodies in charge of administering justice.

i) Administrative resolutions of general effects that constitute precedents.

7.2. The publication of regional ordinances, municipal ordinances, regional decrees, mayoral decrees, or other general norms issued by local and regional governments are governed by the law of their matter.

7.3. In the case of Regulations on Organization and Functions, technical regulations, directives, and guidelines, they are regulated by Article 2 of Law Nº 29091, Law that modifies paragraph 38.3 of Article 38 of Law Nº 27444, General Administrative Procedure Law, and establishes the publication of various legal devices in the Portal of the Peruvian State and on institutional portals, or the norm that replaces it.

7.4. In the case of subsection i) of paragraph 7.1 of this article, the publication in the official newspaper El Peruano may consist of an extract of the administrative precedent along with the direct link that refers to the complete resolution published on the institutional digital headquarters. The extract published in the official newspaper El Peruano must contain, as a minimum, the rule explicitly established as an administrative precedent, as well as the information that allows identifying the issuing body, the parties, the resolution number, the file number, and the date of issuance.

7.5. In the cases described in paragraphs 7.3 and 7.4 of this article, the publication on the institutional digital headquarters must be carried out on the day of the publication of the approving, modifying, or repealing legal norm in the official newspaper El Peruano.

7.6. In the case of supreme resolutions, ministerial resolutions, and administrative resolutions indicated in paragraph 7.1, they will not be subject to mandatory publication in the official newspaper El Peruano, when they resolve a specific administrative procedure, unless a legal norm expressly provides for their publication.

Article 8.- Publication of Legal Norm Approving Another Legal Norm

8.1. In the case of a legal norm that approves another general legal norm, both are published obligatorily on the same day in the official newspaper, as well as on the institutional digital headquarters, except as provided in paragraphs 7.3 and 7.4 of Article 7, as well as the exceptions provided for in special laws.

8.2. The publication of the approving norm and the approved norm on the institutional digital headquarters does not remedy its partial or defective publication, or its non-publication in the official newspaper.

8.3. Exceptionally, the legal norm that approves another general legal norm may establish the mandatory publication of annexes in the official newspaper when it contains information of public interest.

Article 9.- Publication of Other Acts of the Public Administration

9.1. It is obligatory to publish in the official newspaper or on the institutional digital headquarters administrative resolutions or similar acts of general interest and mandatory observance when:

a) Their content provides relevant information and is of interest to the users of the services provided by the Public Administration;

b) Their dissemination allows establishing mechanisms of transparency in public management, as well as control and citizen participation;

c) Their content relates to the approval of management documents;

d) Their content relates to official information processed by the entities of the Public Administration in charge of a specific administrative function;

e) It concerns the appointment or designation of public officials;

f) It concerns the granting of authorizations or special permits to public officials;

g) Its legal nature determines its knowledge and general dissemination.

9.2. The publication of the acts described in this article is carried out in a manner similar to the form described in paragraph 7.3 of Article 7.

9.3. Administrative acts, internal administration acts, and administrative resolutions that bind their organs, officials, or employees, with or without an active labor link, do not require mandatory publication, except for the cases of subsidiary notification provided for by the General Administrative Procedure Law.

Article 10.- Of the Official or Executive in Charge of the Publication of Legal Norms

10.1. The publication of legal norms is the responsibility of the officials or executives designated for such effects. The fulfillment of these functions is subject to the responsibilities established in the pertinent norms.

10.2. It corresponds to the official or executive in charge of the publication of legal norms:

a) To send the norm to the official newspaper once it is approved, being 3 calendar days, counted from the approval of the norm, the maximum deadline to send them to the official newspaper for their respective publication.

b) To send to the official or executive in charge of the publication of legal norms on the digital headquarters of the entity...

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