Supreme Decree No. 033-2005-PCM Approving the Regulation of the Law of the Code of Ethics of Public Service

SUPREME DECREE No. 033-2005-PCM Approving the Regulation of the Law of the Code of Ethics of Public Service

THE PRESIDENT OF THE REPUBLIC

CONSIDERING:

That, through Law No. 27815, the Code of Ethics of Public Service is approved, whose Second Complementary and Final Provision stipulates that the Executive Power, through the Presidency of the Council of Ministers, shall regulate it;

That, the application and observance of the provisions of the Code of Ethics of Public Service contribute to strengthening confidence in the Public Administration and the good image of those who are part of it;

That, it is of fundamental interest for the Peruvian State to have the Regulation of the Law of the Code of Ethics of Public Service that allows its application, since said Regulation will contribute to transparency in the exercise of public function as well as to the improvement of management and the relationship with users of services;

That, consequently, it is pertinent to approve the Regulation of Law No. 27815 - Law of the Code of Ethics of Public Service;

In accordance with what is provided in paragraph 8) of article 118 of the Political Constitution and Law No. 27815 Law of the Code of Ethics of Public Service, modified by Law No. 28496;

DECREES:

Article 1.- Approval of the Regulation The Regulation of Law No. 27815 - Law of the Code of Ethics of Public Service, modified by Law No. 28496, which consists of six (6) titles, twenty-three (23) articles, and one transitional provision, is hereby approved.

Article 2.- Countersignature This Supreme Decree shall be countersigned by the President of the Council of Ministers.

Given in the Government House in Lima, on the eighteenth day of the month of April of the year two thousand five.

ALEJANDRO TOLEDO Constitutional President of the Republic

CARLOS FERRERO President of the Council of Ministers

REGULATION OF THE CODE OF ETHICS OF PUBLIC SERVICE

INDEX

Title I General Provisions

Title II Ethical Principles and Duties of Public Employees

Title III Prohibitions and Ethical Infractions of Public Employees

Title IV Sanctions and Procedure

Chapter I On Sanctions

Chapter II On the Sanctioning Procedure

Title V Incentives and Stimuli

Title VI Dissemination of the Code of Ethics and Educational Campaigns

Transitional Provision.

TITLE I

GENERAL PROVISIONS

Article 1.- Object This Regulation develops the provisions contained in Law No. 27815 - Law of the Code of Ethics of Public Service, and Law No. 28496 to ensure that public employees, in accordance with the Law, act with probity during the performance of their function.

Article 2.- Scope of Application The scope of application of this regulation comprises public employees who perform their functions in the Entities of the Public Administration referred to in articles 1 and 4 of Law No. 27815 - Law of the Code of Ethics of Public Service.

Article 3.- Definitions For the purposes of the application of the provisions of Law No. 27815 - Law of the Code of Ethics of Public Service and this regulation, the following definitions shall be taken into account:

State Assets Any asset or resource that forms part of the patrimony of the entities of the Public Administration or that is under their administration, intended for the fulfillment of their functions.

This provision shall also be observed with respect to third-party assets that are under their use or custody.

Public Ethics Performance of public employees based on the observance of values, principles, and duties that guarantee professionalism and efficiency in the exercise of public function.

Privileged Information Information to which public employees have access in the exercise of their functions and that, due to its secret, reserved, or confidential nature in accordance with the law, or lacking such nature, is privileged by its relevant content, and therefore is susceptible to being used for the benefit of themselves or third parties, directly or indirectly.

Conflict of Interest Situation in which the personal interests of the public employee collide with the public interest and the exercise of their functions, understanding that any action performed by said public employee must be directed to ensure the public interest and not to favor personal or third-party interests.

Law It is the reference to Law No. 27815, Law of the Code of Ethics of Public Service.

Political Proselytism Any activity carried out by public employees, in the exercise of their function, or through the use of the assets of public entities, intended to favor or harm the particular interests of political organizations of any kind or their representatives, whether registered or not.

Recidivism An aggravating circumstance of responsibility consisting of having been sanctioned before for an analogous infraction to that which is imputed to the public employee.

Reiteration An aggravating circumstance of responsibility derived from previous administrative sanctions for infractions of various kinds committed by the public employee.

Undue Advantage Any liberalities or benefits not recognized by the Law, of any nature, that public employees promote for themselves or for third parties, directly or indirectly, by the fulfillment, non-fulfillment, or omission of their function; as well as asserting their influence or appearance thereof, promising an action or omission of their own or another's.

Article 4.- On Interpretation and Consultations The Presidency of the Council of Ministers has the function of approving interpretative and clarifying norms of the Law regarding the application or interpretation of the scope of the Law and this Regulation, prior to a favorable technical report from the Higher Council of Public Employment (COSEP).

Consultations on interpretation and clarification of the norm must be directed by the public entity, indicating in a precise and clear manner the normative aspect subject to interpretation or clarification.

TITLE II

ETHICAL PRINCIPLES, DUTIES, AND PROHIBITIONS OF PUBLIC EMPLOYEES

Article 5.- On the principles, duties, and prohibitions that govern the ethical conduct of public employees The ethical principles, duties, and prohibitions established in the Law and in this Regulation are the set of precepts that serve to generate trust and credibility of the community in the public function and in those who exercise it.

Public employees are obligated to observe the principles, duties, and prohibitions indicated in Chapter II of the Law.

TITLE III

ETHICAL INFRACTIONS OF PUBLIC EMPLOYEES

Article 6.- On ethical infractions in the exercise of Public Function A transgression of the principles, duties, obligations, and prohibitions established in articles 6, 7, and 8 of the Law is considered an infraction of the Law and this Regulation, generating responsibility subject to sanction as provided in paragraph 1 of article 10 of the same.

Article 7.- On the Classification of Infractions The classification of the gravity of the infraction is the attribution of the Commission of Administrative Disciplinary Procedures of the corresponding Public Administration Entity.

TITLE IV

SANCTIONS AND PROCEDURE

CHAPTER I

ON SANCTIONS

Article 8.- On the Application of Sanctions Sanctions shall be applied in accordance with the provisions of this chapter.

Article 9.- On the Classification of Sanctions Sanctions may be:

a) Warning b) Suspension c) Fine of up to 12 Tax Units - UIT. d) Contractual Resolution e) Dismissal or Firing.

The aforementioned sanctions shall be applied taking into account the gravity of the infractions as follows:

Minor Infractions: Warning, suspension, and/or fine.

Serious Infractions: Contractual Resolution, dismissal, firing, and/or fine.

Article 10.- On the Criteria for the Application of Sanctions The application of sanctions shall be carried out taking into consideration the following criteria:

10.1. The damage caused to the administered or to the public administration. 10.2. Impact on procedures. 10.3. Nature of the functions performed as well as the position and hierarchy of the offender. 10.4. The benefit obtained by the offender. 10.5. Recidivism or Reiteration.

Article 11.- On Sanctions Applicable to Public Employees The application of sanctions shall be carried out in accordance with the contractual link that public employees maintain with the entities of the Public Administration, in accordance with the following:

11.1. Sanctions applicable to those persons who maintain a labor link:

a) Warning.

b) Temporary suspension in the exercise of their functions, without remuneration, for up to one year.

c) Dismissal or Firing.

11.2. Sanctions applicable to those persons who perform Public Function and who do not fall under the previous paragraph:

a) Fine. b) Contractual Resolution.

Article 12.- On Sanctions Applicable to Persons Who No Longer Perform Public Function If at the time of determining the applicable sanction, the person responsible for the commission of the infraction is no longer performing Public Function, the sanction shall consist of a fine.

Article 13.- On the Record of Sanctions The imposed sanctions shall be noted in the National Record of Sanctions, Dismissal, and Firing, referred to in article 13 of the Law.

Article 14.- On the Deadline for the Registration of Sanctions The sanctions mentioned in the preceding article must be communicated to the Record within a period not exceeding fifteen (15) days counted from the date on which the respective resolution became final and consented.

CHAPTER II

ON THE ADMINISTRATIVE DISCIPLINARY PROCEDURE

Article 15.- On the Formality of Complaints Public employees must report any infraction contemplated in the Law and in this Regulation, before the Permanent or Special Commission of Administrative Disciplinary Procedures of the Entity.

Any person may report before the same Commission the infractions mentioned in the Law and this Regulation.

Article 16.- On the Procedure The public employee who incurs in infractions established in the Law and this Regulation shall be subjected to the administrative disciplinary procedure, in accordance with what is provided in Legislative Decree No. 276 - Law of the Bases of the Administrative Career and Remuneration of the Public Sector, its Regulation approved by Supreme Decree No. 005-90-PCM and its modifications.

Article 17.- On the Prescription Period The prescription period for the action to initiate the administrative disciplinary procedure is three (3) years counted from the date on which the Permanent or Special Commission of Administrative Disciplinary Processes becomes aware of the commission of the infraction, unless it concerns continuous infractions, in which case the prescription period shall be counted from the date on which the last infraction was committed, without prejudice to the civil or penal process that may apply.

Article 18.- On the Person Who Is Not in the Exercise of Public Function The person who is not in the exercise of public function may be subjected to the administrative disciplinary procedure indicated in this Regulation.

TITLE V

ON INCENTIVES AND STIMULI

Article 19.- High Management Body to Design, Establish, Apply, and Disseminate Incentives and Stimuli It corresponds to the General Secretariat of each Entity, or whoever acts on its behalf, to design, establish, apply, and disseminate incentives and stimuli, as well as protection mechanisms, in favor of Public Employees who report the non-compliance with the provisions of the Law and this Regulation.

Article 20.- On the Establishment of Stimuli and Incentives The stimuli and incentives referred to in the Law and this Regulation shall be established in accordance with the criteria established by the Head of the Entity of the Public Administration upon proposal of the General Secretariat, or whoever acts on its behalf.

Article 21.- On the Responsibility and Deadline to Design and Establish the Mechanisms Referring to the Law The protection mechanisms, as well as the incentives and stimuli referred to in article 9 of the Law, shall be established by the General Secretariat, or whoever acts on its behalf, within a period of thirty (30) days counted from the entry into force of this Regulation, under responsibility.

The mechanisms and incentives are approved by Ministerial Resolution in the case of Ministries, Regional Resolution for the case of Regional Governments, Mayor's Resolution for the case of Local Governments, and by Resolution of the Head of the Budget Unit in the case of other entities of the public administration.

TITLE VI

DISSEMINATION OF THE CODE OF ETHICS AND EDUCATIONAL CAMPAIGNS

Article 22.- Dissemination of the Law and the Regulation The high management body that must fulfill the obligations contained in article 9 of the Law shall be the General Secretariat of the entity or whoever acts on its behalf, in accordance with the respective Regulation of Organization and Functions.

The General Secretary or whoever acts on their behalf shall certify to the head of the entity the fulfillment of their duty to disseminate the Law and this Regulation. The omission in the aforementioned dissemination constitutes a sanctionable infraction.

Article 23.- On Educational Campaigns on Sanctions The General Secretariat will execute educational campaigns on the sanctions referred to in letter c) of paragraph 2) of article 9 of the Law, within the framework of the budgetary availability of each entity of the public administration and in the manner and form that its operational capacity allows.

TRANSITIONAL PROVISION

While the Higher Council of Public Employment (COSEP) does not begin its functions, the attributions assigned to it in article 4 of this Regulation shall be assumed by the Public Management Secretariat of the Presidency of the Council of Ministers.