REGULACIONES GENERALES QUE DEBEN CUMPLIR LAS EMPRESAS EN NICARAGUA
CONSIDERADAS COMUNES Y RECURRENTES
Index
This section does not pretend to be a complete manual of the obligations and compliance with laws, rules, bylaws, circulars, and in general a series of regulations that companies operating in Nicaragua must comply with for them to be in order with the country's legislation and regulations. It is a reference as a guide, which cannot replace the legal advice of the lawyer, to be reviewed on a case-by-case basis in attention to your line of business and commercial sector.
We have organized it by areas: corporate, tax, labor, social security obligations and some specific ones for regulated sectors: Free Trade Zones and Call Centers; health.
RECURRING CORPORATE COMPLIANCE OBLIGATIONS
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Rule or Source
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Purpose
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Activity to present
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Time of presentation (periodicity)
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Law # 698 "General Law of Public Records "
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Updating of the Registry of the Final Beneficiary and of the changes in the shareholding composition of the company.
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EXTRAORDINARY: When any change occurs that modifies or reforms the constitutive agreement, that affects the basic information and the determination and identification of the F.B.
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Within a period of no more than 30 days after the change occurred for national companies and 60 days for foreign companies
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Law # 698 "General Law of Public Records "
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Updating of the Registry of the Final Beneficiary and of the changes in the shareholding composition of the company.
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ORDINARY: The company must submit an update report on the Final Beneficiary annually, whether or not there have been changes in the F.B. or in the basic information of the company
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At the end of the year of registration. Its validity is a calendar year as regulated by the applicable regulations. Its renewal is annual.
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Deed of Incorporation of a Public Limited Company and Bylaws / Code of Commerce.
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Meetings of the General Shareholders' Meeting
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Minutes of the Ordinary Meeting of the General Shareholders' Meeting for the approval of the annual report and Financial Statements
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Ordinary: Within the first 3 months after the close of the fiscal year. Or on the date or period provided for in the articles of incorporation and bylaws.
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Law # 698 "General Law of Public Records "
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Registration of Administrative Bodies (General Meeting of Shareholders and Board of Directors). When there are changes or before the election of the board of directors expires.
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Submit a request for registration of the Deed of Protocolization of the Minutes where the Administrative Body is elected (General Shareholders' Meeting or Board of Directors)
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At the time of Protocolizing the Certificate of Minutes where a change in the shareholding percentage of the partners was made, change of partners and/or the Board of Directors of the company was elected.
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Deed of Incorporation of a Public Limited Company and Bylaws / Code of Commerce.
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Election of Board of Directors
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Prepare Minutes of Election/Renewal of the Board of Directors
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At the expiration of the Period or before if there are changes of partners that affect the current meeting.
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Law # 698 "General Law of Public Records "
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Registration of the Deed of Incorporation of a Public Limited Company and Bylaws
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Submit the Deed of Incorporation of the Public Limited Company and its Bylaws in the corresponding Public Registry
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Law # 698 "General Law of Public Records "
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Registration as a Merchant and registration of merchant books
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Submit application for registration as a merchant and merchant books for its due reason and seal in the Public Registry of Managua
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It can be presented together with the deed of incorporation of the company or as an act followed by its registration.
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Law # 698 "General Law of Public Records "
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Registration of Amendments and/or Modifications to the Articles of Incorporation and/or Bylaws
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Submit application for registration of Amendments and/or Modifications to the Articles of Incorporation and/or Bylaws
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At the time of obtaining the certification of the sentence authorizing the modification and/or amendment. All amendments must be registered. Only three acts require judicial approval, the rest are agreements between shareholders that are notarized and submitted to the registry.
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PERMANENT COMPLIANCE TAX OBLIGATIONS
(Used abbreviations: Ctr: TC Tax Code (Código Tributario; LCT: TCL Tax Coordination Law (Ley de Concertación Tributaria); ALMA: Municipality of Managua (Alcaldía de Managua)
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Rule or Source
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Purpose
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Activity to present
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Time of presentation (periodicity)
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|---|---|---|---|
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Law # 562 "Tax Code"
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Registration in the Single Taxpayer Registry
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Request registration in the Single Taxpayer Registry (Registro Único del Contribuyente) of the city where commercial operations will be carried out.
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Within 30 days after the registration of the Deed of Incorporation of the Public Limited Company and its Bylaws
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Arto. 50 Excise Regime ALMA –Administrative Procedure
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Payment and renewal of registration by Accounting Registry. Annual
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Declare and pay 2% of the Income for sales or services calculated based on the average of the last quarter of the year. This payment is made directly at the collection offices of the corresponding Municipal Mayor's Office.
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Deadline to present this statement is January 31st of the following year. The first registration is made based on 1% of the social capital established in the deed of incorporation.
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Arto. 50 Excise Regime ALMA –Administrative Procedure
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Statement and Payment of the Municipal Income Tax (IMI).-Monthly
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Prepare sales report (Cash or Credit), payment of 1% is made on income plus payment for waste tax
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Must be paid during the first 15 business days of each following month
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Arto 134 Commission and late submission of statements
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Statement and Payment of Withholding at Source. -Monthly
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Incorporation of the detail of the withholdings made during the previous month ended in the Electronic Tax Window (VET). Payment is made immediately through electronic banking or directly at bank branches.
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Monthly: First 5 business days of the following month
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Arto 134 TC Commission and late submission of statements
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Statement and Monthly Payment of Taxes (VAT and IR Advance). - Monthly
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Incorporation of the following reports in the Electronic Tax Window (VET):
1.- A Sales Report must be prepared either (Cash and Credit) for the previous month. Report invoices for purchases or services provided by creditors/suppliers. 2.- 1% of Income for sales or services (Cash or Credit) is declared and paid. Payment is made immediately through electronic banking or directly at bank branches. |
Monthly: First 5 business days of the following month
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Arto 56 TCL Forms of payment, advances and IR withholdings.
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Statement and payment of Income Tax IR.- Annual
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Incorporation of the following reports in the Electronic Tax Window (VET):
1.- Detail of Balance Sheet accounts at the end of the year. 2.- Detail of year-end Result accounts. Payment is made immediately through electronic banking or directly at bank branches |
Annual Statement deadline is February 28th of each year. Closing of the annual fiscal year.
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Arto 126 Types of administrative infringement
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Updating of Accounting Books. -Monthly
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The financial information of the company is recorded, operations that are carried out during a determined period -each month closing- When the accounting is kept in an electronic system, this must be authorized by the DGI
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This activity should be done monthly.
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Arto 43 CT- Terms
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Safeguarding documentation and accounting information
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The safeguarding of the physical or electronic information supporting the company's accounting and fiscal activity is mandatory for auditing purposes. Pursuant to art. 43 TC The DGI in its audit may require accounting documentation from 6 years ago
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Accounting information must be kept up-to-date continuously -daily-
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Tax Coordination Law
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Income statement from work
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Presentation of work income withholding form
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The first 5 calendar days of each month
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Tax Coordination Law
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Payment of Road Tax for Vehicles
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An annual payment must be made for each motor vehicle, under the concept of "Road Tax ".
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On January, every year.
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Municipality Excise Regime
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The environmental guarantee granted by the Managua Mayor's Office must be renewed annually, the only requirement is the payment of the basic rate.
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The renewal of the environmental guarantee is a prerequisite for the renewal of the municipal registration
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Accounting
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LABOR OBLIGATIONS OF PERMANENT COMPLIANCE
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Rule or Source
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Purpose
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Activity to present
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Time of presentation (periodicity)
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|---|---|---|---|
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Arts. 19, 20 and 23 of Labor Code
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Individual Written Work Contract with each collaborator
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Work Contract
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At the start of the employment relationship
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Arts. 50 and 51 of Labor Code
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Work day of collaborators
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Verify that the daytime work shifts are 8 hours a day and 48 hours a week, the mixed shift is 7½ hours a day and 45 hours a week, and the night shift is 7 hours a day and 42 hours a week.
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During the employment relationship
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Arts. 57 and 62 of Labor Code
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Work during national holidays is considered overtime
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Verify that collaborators who work during national holidays are being paid for the day as overtime
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During the employment relationship
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Art. 86 of Labor Code; Work Contract
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Salary payments
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Verify that the salary is paid in the manner and time agreed in the employment contract
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During the employment relationship
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Art. 76 of Labor Code
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Vacation. Collaborators are entitled to 15 days of vacation for every 6 months of work
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Prepare and comply with Vacation Calendar
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During the employment relationship
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Arts. 93, 94 and 95 of Labor Code
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Thirteenth Month. It must be paid within the first ten days of the month of December of the current year
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Verify that it is paid within the legal period
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During the employment relationship
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Art. 95 of the Labor Code (by analogy) and labor jurisprudence
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Settlement Payment. Once the employment relationship has ended, the collaborating person must be paid their settlement within a period of 10 days.
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Verify that the settlement is paid within the legal period
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At the end of the employment relationship
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Art. 98 of Labor Code; Art. 36 of the Law 763 Law on Rights of Persons with Disabilities
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Hiring people with disabilities. Companies with 50 or more workers, include at least 2% of people with
disabilities on their respective payrolls.
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Verify that personnel with disabilities have been hired according to the corresponding percentage
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During the employment relationship
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Art. 2 of Decree 975 Regulation of the Social Security Law
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Registration of the employer to the Social Security Institute (INSS)
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Enrollment sheet
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One time when setting up the company
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Art. 2 of Decree 975 Regulation of the Social Security Law
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Registration of the employer to the Social Security Institute (INSS)
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Enrollment sheet
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Three days from the date of beginning of the employment relationship
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Arts. 17 and 18 of Decree 975 Regulation of the Social Security Law
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Report of general income of the collaborators
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Payroll Format provided by the INSS
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First 3 business days of each month
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Subsection 4 of Art 6 of Decree 25-2005 Amendments and Additions to Decree No. 975 Regulation of the Social Security Law
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Employer and Labor INSS payment
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Payment of Invoice
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Between the 15th to 17th of each month
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Decree 975 Regulation of the Social Security Law
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Report to the INSS on the additions and withdrawals of personnel
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Filling in the online format designed by the INSS
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3 days after hiring or leaving of the personnel
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Arts. 24 and 25 of Decree 40-94 Organic Law of the National Technological Institute (INATEC)
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Contribution payment - INATEC (1% payroll)
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Payment of Invoice
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Between the 15th to 17th of each month
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Art. 18 of the Law 618 General Law on Hygiene and Safety at Work; Art. 16 of Decree No. 96-2007 Regulation of the Law 618 General Law on Hygiene and Safety at Work
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Request and obtain from the Ministry of Labor the Occupational Safety and Hygiene License
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The Occupational Health and Safety License
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At the beginning of operations
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Art. 18 subsection 7, 40, 44 and 50 of the Law on Hygiene and Safety at Work; Reformed Ministerial Resolution on the Mixed Commissions for Occupational Health and Safety (C.M.H.S.T.) in Companies, Published in La Gaceta No. 29 of February 9, 2007
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Establish a Mixed Commission for Occupational Health and Safety
(CMHST)
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CMHST Constitution Act, Minutes Book, Approval Resolution, Annual Work Plan and Internal Operating Regulations
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Within a period not exceeding 30 days from the beginning of operations. Once constituted, the employer will have a maximum of ten days to proceed to register before the MITRAB (Labor Ministry)
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Art. 18 subsection 8, 61, 71 and 72 of the Law 618 Law on Hygiene and Safety at Work; Ministerial Resolution Regarding the Organizational Technical Regulations for Workplace Hygiene and Safety of Companies, Published in La Gaceta No. 175 of September 17, 2001
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Prepare the Organizational Technical Regulation (RTO) on hygiene and occupational safety.
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The Organizational Technical Regulation (RTO) approved by MITRAB (Labor Ministry)
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Within a period not exceeding 3 months from the start of operations.
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Art. 18 subsection 4, 25 and 26 of Law 618 General Law of Occupational Hygiene and Safety
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Pre-employment and periodic medical examinations
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Exam results
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Pre-employment exam: prior to hiring; Periodic examination: once a year
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Arts. 28 and 29 of Law 618 General Law of Occupational Hygiene and Safety
Art.S ----- Social Security Law
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Work Accidents. The employer must report accidents to the Ministry of Labor. In case of not registering accidents, the employer must communicate it by
written to the Labor Ministry.
Occupational accidents and risks to Social Security must also be reported on the sheet established for this purpose, NAT sheet. |
Official format for reporting accidents at work
Social security must be reported in the established official format – NAT sheet – within a term of no more than 24 hours after the accident at work. |
Minor accidents within a maximum period of five business days; Fatal, serious and very serious accidents within a maximum period of twenty-four business hours plus the term of the distance, to the Ministry of Labor. In case of no accidents, monthly during the first five days of the month
following.
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OBLIGATIONS REGARDING IMMIGRATION REGULATIONS
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Rule or Source
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Purpose
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Activity to present
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Time of presentation (periodicity)
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|---|---|---|---|
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GENERAL LAW OF MIGRATION AND FOREIGNERS LAW 761, Chapter II
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Report to Migration
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Keep records of payrolls and lists of foreign workers hired.
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Permanent
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GENERAL LAW OF MIGRATION AND FOREIGNERS LAW 761, Chapter II
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Report to Migration
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Show the forms and lists of workers, when required by the General Directorate of Migration and Immigration;
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At the request of Migration
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GENERAL LAW OF MIGRATION AND FOREIGNERS LAW 761, Chapter II
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Report to Migration
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Submit every six months to the General Directorate of Migration and Foreigners, a report stating the name and surname, nationality, position, income, term of validity of the contract and address of the foreigners who are working for them.
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Every 6 months
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SPECIFIC OBLIGATIONS FOR FREE ZONE COMPANIES / CALL CENTERS / BPO
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Rule or Source
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Purpose
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Activity to present
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Time of presentation (periodicity)
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|---|---|---|---|
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CT/002/2017 GENERAL RULES APPLICABLE TO THE FREE ZONE REGIME
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Report to the General Directorate of Customs DGA the local purchases of fixed assets
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Declarations to DGA are made through a customs agency
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Monthly
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Art 24, subsection 3 Free Zone Law Regulations
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Obligation to report statistical operations
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Free zone user companies must complete a monthly statistical report using a form on the main indicators of the operation: value of exports, employment, production, imports
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Monthly
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Decree 12-2016
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Guarantor of the National Free Zone Commission CNZF
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The companies that use the free zone must renew the CNZF guarantee the first days of January of each year, as proof that they are up to date with their obligations and that their rights are in force.
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Annual
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Art 24, subsection 9 Free Zone Law Regulations
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Payment of amounts for regime use
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In the case of service companies, the amounts are by positions: From 250 to 1000 stations = US$ 5.00 per station; More than 1,000 stations = US$2.50 per station
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Monthly
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Regulation of the Law 917
Law of the Free Zones, Article 23, subsection: 2.1.6 Law 2000, General Telecommunications Law |
Registration as a Call Center before the Institute of Telecommunications (TELCOR)
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The companies that use the free zone are exempt from any obligation to register or pay before TELCOR
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Law 2000 General Telecommunications Law, Articles 13 and 19
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Registration as a Call Center before the Institute of Telecommunications (TELCOR)
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Only once
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SPECIFIC OBLIGATIONS FOR COMPANIES REGULATED BY THE HEALTH SECTOR
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Rule or Source
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Purpose
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Activity to present
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Time of presentation (periodicity)
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|---|---|---|---|
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Art. 55 and 65 of the Law 423 General Law of health ; Ministerial Agreement 583-2011 "Regulation 080 - Manual for the Authorization of Health Service Provider Establishments”
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Operating License for Institutions Providers of Health Services
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Manage MINSA authorization prior to the beginning of operations
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Prior to the beginning of operations
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Art 65 of the Law 292 Medicines and Pharmacy Law; Manual of Health License Requirements for Medical Devices - National Health Regulation Authority (ANRS)
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anitary establishment license
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Any establishment that imports, markets or distributes pharmaceutical products must have a health license issued by MINSA, which will be valid for two years.
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Renewal every two years
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Art 7 and 12 of Law 292 Law on Medicines and Pharmacies; Ministerial Agreement No. 144-2011 Regulation 064 Standard for the Registration of Medical Devices
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Sanitary Registry for Medical devices
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Any pharmaceutical product or medical device cannot be commercialized without having its health registration before the MINSA. The health registry will last for 5 years.
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Renewal every five years
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Art 59 of Law 292 Medicines and Pharmacy Law; Ministerial Agreement 583-2011 "Regulation 080 - Manual for the Authorization of Health Service Provider Establishments”
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The pharmacy, optician or any establishment must be under the responsibility of a regent pharmacist, optometrist or ophthalmologist duly registered with the Ministry of Health
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It is the responsibility of the optician to hire the regents and ensure that it must be duly registered with the Ministry of Health
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Permanent
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