Member Article

Amendments to the Operating License Framework Act and the General Administrative Procedure Act are approved

Today, May 10, Legislative Decree No. 1497 has been published, a standard that approves measures to promote and facilitate regulatory conditions that contribute to reduce the impact on the economy due to the health emergency caused by COVID-19, for which the Operating License Framework Act and the General Administrative Procedure Act have been amended accordingly.

The main aspects addressed by the standard are the following:

(i) The validity of all the qualifying certificates that have expired during the state of health emergency provided for by Supreme Decree No. 044-2020-PCM has been extended for a period of one (1) year. Through Ministerial Resolution and Regional Decree, those qualifying certificates not included in the extension shall be established, and shall be based on reasons of high public interest and the risk of affecting the rights and interests of third parties.

(ii) Likewise, the extension does not apply to those qualifying certificates that have been extended prior to the entry into force of this Legislative Decree No. 1497 and those that have been extended by entities of the Executive Branch through special provisions.

(iii) Affidavits submitted by applicants virtually enjoy the same legal validity and effects as written documents.

(iv) If the applicant submits a document to any entity by email or facsimile until December 31, 2020, its physical presentation shall not be required later.

(v) The entities of the Executive Branch have a term until December 31, 2020, to arrange for the conversion of administrative procedures so that they can be attended by non-face-to-face channels, except those that require the concurrence of the applicant. The procedure may be carried out in person only when there are operating restrictions, due to the type of applicant, connectivity limitations or technological incidents.

(vi) With regard to Operating Licenses, the applicants may request the change of business line of their establishments and report the renovation and/or conditioning works that they have carried out for this purpose, by means of an Affidavit that must be submitted to the Municipality of the jurisdiction. The procedure of the change of business line shall be automatically approved and shall apply only to establishments with a low or medium risk classification.

(vii) It has been specified that the establishments holding an Operating License may also carry out the activity of home delivery of their products or services.

(viii) The procedure for obtaining a new Operating License for establishments with a low or medium risk level shall be automatically approved. It is not required to submit the Affidavit that certifies the number of parking spaces required by the municipal regulations.

(ix) The operation of all establishments requires compliance with health protocols issued in the framework of the health emergency caused by COVID -19.

(x), The Single Ordered Text of the Operating License Framework Act and the formats that shall be used in the procedures considered in this Legislative Decree shall be approved within the term of thirty (30) working days.

(xi) The term of validity of the Certificates of Technical Inspection of Safety in Buildings (ITSE) that have expired during the state of national emergency, has been extended for a period of one (1) year.

Any query on the matter may be absolved by the lawyers of our Administrative Office. Contact doctors Carlos Carpio ([email protected]); Hugo Silva ([email protected]); and/or, Hugo Sarria ([email protected]).