Regulation of Law on Digital Transformation of the Administration is published
On December 11, 2021, the Regulation of Law No. 21,180 on Digital Transformation of the State (the "Regulation") was published in the Chilean Official Gazette, which introduces important amendments to Law No. 19,880 on Administrative Procedures. Its purpose is to initiate the process of modernization and digitalization of the administrative procedures that are known by agencies of the State administration in search of greater agility and efficiency, regulating the way in which such procedures will be carried out through electronic means.
The enactment of the Regulation represents a substantial modification in the way in which companies and individuals relate to the State Administration. Thus, it is a regulatory change that speeds up the resolution times of the different procedures that are carried out before the authority, constituting a great advance in the quality of state services.
The main purpose of the regulation is the following :
In order to meet these objectives and carry out the digital transformation, the regulation establishes the mandatory use of electronic platforms, through the establishment of a public electronic file that will be permanently accessible to interested parties.
The interested parties may submit documents in said file, obtaining certificates evidencing the date and time of their submission, as well as any other submission or request made in the electronic file.
Additionally, the regulation establishes a Registry of Digital Addresses, whose administration is entrusted to the Civil Registry and Identification Service, which will serve as the means determined by a person to receive electronic notifications in all administrative proceedings. This address may be a single electronic mailbox, which will be created for any person who has a Unique National or Tax Number, or an electronic email address that the person designates for such purposes.
Finally, the first transitory article of the regulation states that it will enter into force on the dates and in the matters determined by the Decree with Force of Law No. 1, of 2020, of the Ministry General Secretariat of the Presidency (DFL 1). This norm establishes the gradual application of Article 1 of Law 21,180, based on "Groups" and "Phases".
The groups are divided into 3 (Group A, B and C), the first of them being the ministries, public services created for the fulfillment of the administrative function that are neither regional governments nor municipalities, the Comptroller's Office, the Armed Forces and the Forces of Order and Public Security, and the regional and provincial presidential delegations.
Pursuant to Article 6 of DFL 1, the provisions of Article 1 of Law 21.180 will be gradually applied to these groups based on 6 phases, each one oriented to a specific objective of the law, and distributed over 4 years, year 1 of implementation being from the entry into force of Law 21.180 until December 31 of the same year.
As from year 2, the period from January 1 to December 31 of each year will be computed. Pursuant to the second transitory article of Law 21,180, the law will enter into effect 180 days after the last publication in the Official Gazette.
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