Problems relating to Trade and Investment on Venezuela

 
23. Inefficient administrative procedures, regimes and practices
Issue
Issue details
Requests
Reference
(1) Aggravated Inefficiency in Administrative Procedures - After the demise of former President Chavez, inefficiency has spread all across the administrative procedures, while abrupt changes are frequent in systems and schemes. After enactment of the Enabling Act in November 2013 under the new Maduro Administration, opaqueness has veiled all over politics and economics.
- While GOV makes decision, it will not be followed up by promulgation of substantive implementing rules. It is not enforceable and all come to a standstill.
(2) Amendments, Corrections, Resubmissions required by Personal Discretion of Individual Government Employees - In all fields requiring submission of documents, including without limitation, financial report, descriptive changes in registration, and labour issues, it had become a routine, whereby government employees more often than not compel amendments, corrections, and resubmissions on documents prepared exactly in accordance with the legislative provisions. Government employees at their sole discretion change on the spot implementing rules of the legislative provisions. Non-compliance with the changes of implementing rules would not advance the procedures. Applicants in many cases must deal with the extraneous work. - It is requested that GOV takes steps to review and overhaul integration of the laws and the implementing rules.
(3) Labour Inspection Authority's Absence of Fairness and Restrictions under new Labour Law - Labour inspection authority tacitly approved illegal strikes, disabling resolution of the problems through intervention of jurisprudence and administration. The successive Elections in 2012-2013 must have prompted the Administration's action, anxious to gain workers' votes. It has also prolonged the construction work period, which has served as a major cause for the aggravated profitability. Furthermore, New Labour Act since 2012 has triggered increased the overall labour cost, due to the increased difficulty than ever before in dismissal of workforce, and the restricted outsourcing and work-hours. - It is requested that GOV advances development of laws and regulations. - Venezuelan Oil Industry Agreement
- Labour Act (2012), etc.

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