Venezuela’s Administrative Procedures Law: Key Provisions
Organic Law on Administrative Procedures
Part I: Fundamental Provisions
Chapter I: General Provisions
Section 1. The National Civil Service and Decentralized Public Administration, integrated as provided in their organic laws, must comply with this law. State and municipal administrations, the Comptroller General, and the Attorney General are also subject to this law.
Article 2. Any person, directly or through a representative, may petition any government agency or authority. These entities must resolve such petitions or declare the reasons for not doing so.
Article 3. Public administration officials and employees must handle matters under their responsibility diligently. Interested parties may file a written, reasoned claim with the immediate supervisor for any delay, omission, misrepresentation, or breach of process. This claim will be resolved within fifteen (15) days. If the supervisor upholds the claim, the offender will be penalized under Article 100 of this Act, without prejudice to other applicable penalties.
Article 4. If a public administration body fails to decide a case or appeal within the relevant period, it is deemed a negative decision, and the party may proceed to the next step, unless otherwise specified. This does not relieve the administrative bodies of their responsibilities for omissions or delays.
Single Paragraph: Repeated negligence leading to negative results, as provided in this article, will result in a written warning under the Administrative Career Law, without prejudice to sanctions under Article 100 of this law.
Article 5. In the absence of an express provision, administrative requests not requiring substantiation shall be resolved within twenty (20) days of filing or fulfillment of legal requirements. The administration must inform the person in writing within five (5) days of any omissions or defaults.
Article 6. If the administration defaults or delays in fulfilling obligations, causing property damage, the responsible official(s) will be civilly liable for damages, in addition to penalties under this Act.
Chapter II: Administrative Acts
Section 7. An administrative act is any general or particular statement issued by public administration organs, following legal formalities.
Article 8. Administrative acts requiring implementation measures must be executed within the set term or immediately if no term is specified.
Article 9. Individual administrative acts must be motivated, except for simple form acts or unless otherwise provided by law, stating the facts and legal foundations.
Article 10. No administrative measure may set penalties, modify existing ones, or raise taxes except as prescribed by law.
Article 11. Public administration criteria may be modified, but new interpretations do not apply to past situations, except when more favorable to citizens. Modification does not allow review of finalized acts.
Article 12. Even if a law or regulation ceases to some extent, the measure must maintain proportionality and appropriateness, completing necessary formalities for validity and effectiveness.
Article 13. No administrative measure may violate higher-hierarchy provisions, nor may specific provisions violate general ones, even if issued by an equal or higher authority.
Article 14. Administrative acts hierarchy: decrees, resolutions, orders, and other decisions.
Article 15. Decrees are senior decisions issued by the President and countersigned by relevant Ministers or all Ministers if decided by the Cabinet. The President may order additional endorsements.
Article 16. Decisions are general or particular acts adopted by Ministers by order of the President or by law, signed by the respective Minister(s).
Article 17. Decisions not in the form of ordinances or resolutions are called orders or administrative rulings, or may be instructions or circulars.
Article 18. All administrative acts must contain:
- Name of the Ministry or agency issuing the act.
- Name of the body issuing the act.