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Who are considered public officials in Chile
Any person who applies for a public job governed by the Administrative Statute must prove compliance with the entry requirements consulted by him, whether he opts for a permanent position or a contract (67.938 / 61; 37.610 / 80; 5.542 / 81) , paid or pro bono (12,601 / 66)
Requirements to be a public official in Chile
The necessary requirements to be a public official in Chile are the following:
1- Be a citizen
However, in exceptional cases determined by the authority called upon to make the appointment, foreigners with scientific or special knowledge may be appointed to contract jobs.
The respective decrees or resolutions of the authority must be founded, clearly specifying the specialty required for the job and accompanying the applicant’s certificate or title:
- Have complied with the recruitment and mobilization law, when appropriate;
- Have health compatible with the performance of the position;
- Have approved basic education and possess the educational level or professional or technical title that the nature of the job requires by law;
- Not having resigned from a public office as a consequence of having obtained a poor qualification, or by disciplinary measure, unless more than five years have elapsed since the date of expiration of functions, and
- Not to be disqualified for the exercise of public functions or positions, nor to be convicted of a crime or simple crime.
How the requirements should be accredited
The instruments that certify the requirements for entering the State Administration, contained in articles 11 and 12 of Law No. 18,834.
and that they must be accompanied in original or photocopy duly authorized by the same authority that is responsible for issuing the relevant certificate, are:
- Birth certificate, to prove citizenship.
- General Directorate of National Mobilization, to prove compliance with the Recruitment Law.
- Compatible health, issued by the Commission for Preventive Medicine and Disability of the respective Health Service.
- Diploma of Basic or Secondary License, as appropriate, issued by the Ministry of Education, or the professional title, if applicable.
- Simple affidavit -not required to be authorized by a minister of faith-, of not having ceased functions in the Administration due to insufficient qualification or disciplinary measure, and
- Certificate from the Civil Registry and Identification Service, if he is not disqualified from exercising public functions, or convicted or prosecuted for a crime or simple crime.
Disabilities and incompatibilities for Public Officials
Among the requirements are the requirements and inabilities to enter the public administration, in addition to a series of incompatibilities established to protect the general interest on the individual.
Without prejudice to the special disabilities established by law, the following citizens may not enter positions in the State Administration:
In relation to incompatibilities, in general the exclusivity of functions is regulated, establishing some exceptions. These incompatibilities are discussed below.
Regulatory background of Chile
The Political Constitution of the Republic establishes that
The exercise of public functions obliges their holders to strictly comply with the principle of probity in all their actions ”(article 8, inc. 1).
According to the Basic Law, the principle of administrative probity consists of “observing an impeccable official conduct and an honest and loyal performance of the function or position, with preeminence of the general interest over the individual” (article 52, inc. 2, of the Constitutional Organic Law of General Bases of the State Administration).
The different parts of the legal definition are reviewed below:
For its part, article 52 of the Constitutional Organic Law of General Bases of the State Administration expressly provides that “they must strictly comply with the principle of administrative probity”
the authorities of the public administration, whatever the denomination by which the Constitution and the laws designate them, and the officials of the State Administration, whether permanent or contract.
The law distinguishes between “authorities” and “officials” to include in the orbit of probity some public servants who are not considered officials but are authorities, such as Ministers and councilors. (Transparent Chile)
The provisions that regulate existing incompatibilities for public officials are established between articles 85 to 88 of the Administrative Statute, as well as between articles 54 and 56 of the Basic Law.
The incompatibility They are set out in a set of articles set forth in Law 18,834, Paragraph 6 of Incompatibilities, which are the following:
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