As yet another menace to the non-public sector and within the determined seek for cash, the Venezuelan dictatorship intends to create a legislation that makes non-public firms pay 15% of their payroll to a pension fund administered by the Seniat.
That cash won’t ever be used for pensions and can magically disappear from the federal government’s coffers as they’ve achieved with all the cash that has been stolen, together with the $23 billion that Tarek El Aissami stole with the consent of the Maduro dictatorship.
Right here is a part of the textual content of the brand new legislation.
LAW FOR THE PROTECTION OF SOCIAL SECURITY PENSIONS AGAINST THE IMPERIALIST BLOCKADE
STATEMENT OF MOTIVES
The Structure of the Bolivarian Republic of Venezuela, in its article 86, acknowledges the proper of each particular person to social safety as a non-profit public service that ensures well being and ensures safety in contingencies of maternity, paternity, sickness, incapacity, catastrophic diseases, disabilities, particular wants, occupational dangers, lack of employment, unemployment, outdated age, widowhood, orphanhood, housing, burdens derived from household life and every other social safety circumstance.
To ensure the effectiveness of this proper, the Structure orders the creation of a common, complete social safety system, with solidarity, unitary, environment friendly and participatory financing, with direct or oblique contributions, wherein the absence of contributory capability isn’t a cause. to exclude individuals from its safety.
Moreover, the Constitutional Textual content establishes a flooring or minimal worth for old-age pensions, which in no case might also be decrease than the nationwide city minimal wage. With this, the Structure protects the rights of older adults and ensures their dignity, autonomy and high quality of life.
In compliance with the provisions of the Structure, the Nationwide Govt has constructed a social safety system that has made it attainable to attain the universality of old-age pensions, marking a transparent distinction with the exclusionary mannequin that characterised the Fourth Republic.
Actually, earlier than 1999 solely 350 thousand individuals had been beneficiaries of the old-age pension. That’s, solely 19.6% of the inhabitants of pension age loved that proper. Then once more, at the moment greater than 5.5 million individuals obtain old-age pensions, reaching 100% protection.
Now, because of the multiform aggression promoted by the federal government of the US of America (USA), since a minimum of 2014, Venezuela’s social safety system has been
considerably affected, as are the overwhelming majority of the social rights of the Venezuelan inhabitants. Because the Particular Rapporteur on the unfavorable repercussions of unilateral coercive measures on the enjoyment of human rights famous in 2021, following visiting the nation, the so-called “sanctions” have had a “devastating impact” on the human rights of the Venezuelan individuals.
Certainly, the greater than 930 unilateral coercive measures adopted illegally and illegitimately in opposition to the nation have decreased the State’s capabilities to acquire monetary assets, items and providers required to totally fulfill the principle wants of its inhabitants, in addition to to make sure the correct functioning of the establishments in control of guaranteeing human rights.
On account of unilateral coercive measures, nationwide earnings was decreased by as much as 99%. As well as, there are billions of {dollars} belonging to the Venezuelan individuals illegally retained within the worldwide monetary system and the nation has been stripped of property situated overseas valued at greater than 30 billion {dollars}.
Confronted with this situation of aggression, the Venezuelan State has launched a set of initiatives geared toward progressively recovering nationwide earnings, taking advantage of the nation’s financial potential. Amongst these initiatives, the Restoration, Development and Financial Prosperity Program that started in 2018 stands out with the activation of varied nationwide productive sectors or engines.
Nevertheless, the magnitude of the aggression and the harm precipitated to the inhabitants makes it essential to name for the co-responsibility of the nationwide financial sectors, to speed up the restoration of the social safety scheme that Venezuela managed to overcome earlier than the beginning of unilateral coercive measures.
On this context, the invoice offered for consideration by the Nationwide Meeting goals to ascertain extra mechanisms geared toward defending social safety pensions in opposition to the unfavorable impression attributable to coercive measures.
unilateral and different restrictive or punitive measures adopted in opposition to the nation.
The invoice is made up of 13 (13) articles, grouped into two (2) chapters.
The primary chapter establishes the overall provisions, together with the needs, rules and interpretation standards. On this chapter, a provision stands out that ratifies the unlawful and unlawful nature of any unilateral coercive measure and every other restrictive or punitive measure, dictated or carried out extraterritorially in opposition to the Bolivarian Republic of Venezuela and its inhabitants, as offered for within the Anti-Blockade Constitutional Regulation for the Nationwide Growth and the Assure of Human Rights.
The second chapter creates and regulates a particular contribution relevant to non-public authorized entities, domiciled or not within the Republic, that perform financial actions within the nationwide territory. With this contribution, the State will have the ability to obtain extra monetary assets that may permit rising the quantity of social safety pensions, considerably affected by the perverse results of unilateral coercive measures.
This particular contribution is predicated on the overall responsibility to contribute to public bills, included in article 133 of the Constitutional Textual content, and is constructed in accordance with the rules of solidarity, equality, social duty, legality, contributory capability, progressivity, fairness. , non-retroactivity and non-confiscation
The mission concludes with a ultimate provision associated to its entry into power, as of its publication within the Official Gazette of the Bolivarian Republic of Venezuela.
LAW FOR THE PROTECTION OF SOCIAL SECURITY PENSIONS AGAINST THE IMPERIALIST BLOCKADE
CHAPTER I GENERAL PROVISIONS
Object Article 1. This Regulation goals to ascertain mechanisms geared toward defending social safety pensions in opposition to the unfavorable impression attributable to unilateral and different coercive measures.
restrictive or punitive measures adopted in opposition to the nation.
For the needs of this Regulation, social safety pensions are understood to be the financial advantages for outdated age, incapacity and survival offered for within the particular legislation that regulates social safety.
Goal
Article 2. This Regulation goals to:
- Mitigate the unfavorable impression of unilateral coercive measures and different restrictive or punitive measures on the social safety pensions of the Venezuelan individuals.
- Promote the institution of an earnings degree for holders of social safety pensions that enables them to stay with dignity and canopy the fabric, social and mental wants for themselves and their household.
- Promote the truthful distribution of wealth, derived from work as a social reality, to fulfill the fabric, mental and religious wants of the inhabitants.
- Contribute to the harmonious growth of the nationwide financial system, increase the usual of residing of the inhabitants and strengthen the financial sovereignty of the nation.
Dangerous and worsening nature of unilateral coercive measures
Article 3. Unilateral coercive measures and different restrictive or punitive measures dictated or carried out extraterritorially in opposition to the Bolivarian Republic of Venezuela and its inhabitants represent a violation of the proper to a social safety pension that enables them to stay with dignity and canopy for themselves and their household the fundamental materials, social and mental wants.
Any unilateral coercive measure and every other restrictive or punitive measure, dictated or carried out extraterritorially in opposition to the Bolivarian Republic of Venezuela and its inhabitants, is asserted void and unlawful.
Ideas Article 4. This Regulation is ruled by the rules of protection and growth of the particular person, respect for dignity, productiveness, social justice, solidarity, equality, social duty, legality, contributory capability, progressivity, fairness, non-retroactivity and non-confiscation
Public order and precept of interpretation Article 5. The provisions of this Regulation are public order. In case of doubts in its interpretation, the one that the majority favors the safety of the individuals’s social safety pensions will likely be adopted.
Venezuelan.
CHAPTER II
SPECIAL CONTRIBUTION FOR THE PROTECTION OF PENSIONS
Particular contribution Article 6. A particular contribution is created for personal authorized entities, domiciled or not within the Republic, that perform financial actions within the nationwide territory, supposed to contribute to the particular safety of the social safety pensions of the Venezuelan individuals. within the face of the perverse results of unilateral coercive measures imposed extraterritorially in opposition to the
Bolivarian Republic of Venezuela.
Quantity of the contribution Article 7. The quantity of the particular contribution offered for on this Regulation for personal authorized entities, domiciled or not within the Republic, that perform financial actions within the nationwide territory, will likely be as much as fifteen % (15 %) of the overall funds made to employees for salaries and non-salary bonuses.
In no case will the idea for calculating funds made to employees be lower than the minimal complete earnings outlined by the Nationwide Govt.
The President of the Republic will set up yearly the corresponding proportion of the particular contribution, in keeping with the sort or class of financial exercise.
Exemptions Article 8. The President of the Republic might exempt, completely or partially, sure classes of particular taxpayers and strategic sectors for international funding and nationwide growth from fee of the particular contribution offered for on this Regulation. The decree that declares the exoneration should regulate the
phrases and circumstances thereof.
Assortment Article 9. The particular contribution offered for on this Regulation will likely be declared and paid month-to-month. The Nationwide Built-in Customs and Tax Administration Service is answerable for accumulating stated
particular contribution.
The declaration and fee of the particular contribution should be made within the place, type and circumstances established by the Nationwide Tax Administration, via a normal Administrative Ruling.
Deductibility Article 10. The particular contribution offered for on this Regulation will likely be
deductible of the expense for the calculation of Revenue Tax.
Independence of contributions to social safety Article 11. The particular contribution referred to on this Regulation is totally different and unbiased from the contributions that employers should make to the Venezuelan Institute of Social Safety, in accordance with the legislation that regulates The matter. Default curiosity Article 12. Failure to pay the particular contribution throughout the established interval provides rise, by operation of legislation and with out the necessity for a previous request from the Tax Administration, to the duty to pay default curiosity, in accordance with the provisions of the Constituent Decree. via which the Natural Code is dictated
Tax.
Sanctions Article 13. Failure to adjust to the obligations established on this Regulation will likely be sanctioned in accordance with the provisions of the Decree.
Constituent by which the Natural Tax Code is dictated
FINAL DISPOSITION
Solely. This Regulation will come into power upon its publication within the Official Gazette of the Bolivarian Republic of Venezuela.
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2024-06-14 12:45:48