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Law Simplifying Public Processes
Not Obeyed
Building a house in Costa Rica
and then have it supplied with
water, electrical power and
telephone, means have to deal
with five public institutions,
demanding more than 20
requirements that can slow down
the entire process.
For example, public institutions
like the AyA (water and sewer
company) and the Municipality of
San José will require the
builder to obtain certifications
from the Registro Nacional of
the same document, each wanting
an original of the
certification, like a lot plan,
title registration, etc.
The practice is agains the "Ley
de protección al ciudadano del
exceso de trámites" that was
adopted in March of 2002, but is
totally ignored by the public
institutions.
The law is clear that public
institutions cannot ask a user
for to obtain the same document,
like the case of a Registro
certification, more than once
and not to send the user to
various departments for the same
process. In addition, all public
institutions are to be linked to
the Registro Nacional database
to obtain the required
information.
However, that is not the case in
practice.
The problem is that the law does
not provide for sanctions
against institutions who violate
the code, accorind to Kevin
Casas, second vice-president and
Ministro de Planificación. Casas
is placing is hopes that the
project "Gobierno Digital" will
connect the databases of the
various public institutions and
make the process of obtaining a
building permit, for instance,
much easier and speedier.
Casas added that some
municipalities, like Heredia,
are now connected, however, many
are not.
An example that affects many
businesses - small and large -
is the obtaining of a "patente"
or business permit.
The process starts with a "catastro"
- lot plan - of the property,
certified by the Registro
Nacional. A number of copies are
required, one each for the AyA,
the ministerio de Salud, the
Municipality and depending on
the permit required, up to six
certified copies may be
required.
Once all the relevant public
institutions have signed off and
given their approval, which can
be time consuming, again
depending on the permit, the
documents are submitted to the
municipality and as custom each
non-compliance is rejected
individually.
The law requires that all the
non-compliances are grouped and
submitted to the user at one
time, allowing the user to
remedy the non-compliances.
However, in practice, each
non-compliance is dealt with on
an individual basis, especially
when different municipal
departments are involved,
slowing down the entire process.
Complicating the entire process
are items like the CCSS - the
Caja that has to certify that
the owner of the property is up
to date with the social security
payments, etc., failing which a
different set of documents and
certifications are then
required.
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