Digital Government Review of Argentina

Accelerating the Digitalisation of the Public Sector

Report

OECD Digital Government Studies

25 June 2019

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Annex A. Relevant laws, decrees and resolutions

Presidential Decree 1172/2003 – 3 December 2003:1 “Access to Public Information” decree that aims to strengthen the relationship between the state and civil society by guaranteeing the right of access to public information. The decree also establishes a series of measures that promote stakeholder engagement in the development and revision of rules.
Presidential Decree 512/2009 – 7 May 2009:2 Established a multi-sector working to help co-ordinate and promote Argentina’s digital agendas and strategies.
Resolution 538/2013 – 18 July 2013:3 Orders the development of a national public data portal to allow citizens to easily search and access open government data and provides important definitions and some guidance.
Presidential Decree 13/2015 – 10 December 2015:4 Assigned the Ministry of Modernisation (MoM) with the responsibilities to design, co-ordinate and implement consolidated and improved government processes, technologies, infrastructure and systems; act as the enforcer of the digital signature regime; and intervene in the development of technological systems that cut across levels of government.
Presidential Decree 151/2015 – 17 December 2015:5 Provides the Secretariat of Public Communication of the Office of the Cabinet of Ministers with the authority to “intervene in the formulation, execution and supervision of public communication policy” and instructs that the secretariat adopt actions that allow contact and personalised interactions with government, as well as to promote citizen participation through technology.
Presidential Decree 13/2016 – 5 January 2016:6 Created, under the MoM, an Undersecretariat of Digital Government to: design, implement and monitor the government’s digital platform; participate in the creation of guidelines and norms that promote uniformity and relevance to government websites; co-ordinate the development of digital services and online processes; and facilitate connections within government and with the public.
Presidential Decree 434/2016 – 3 March 2016:7 “State Modernisation Plan”. Provides a framework on modernisation of the government of Argentina and establishes digital government as a key component of the whole-of-government modernisation strategy. The decree places the then-MoM in the central co‑ordination role for the framework.
Presidential Decree 561/2016 – 6 April 2016:8 “System of Electronic Management of Documentation”. Implementation of an Electronic Document Management Platform for integrated government-wide records and documents.
Presidential Decree 725/2016 – 31 May 2016:9 Expanded the powers of the Secretariat of Public Communication to intervene in government actions to better connect the central government with citizens, and to promote the use of ICT tools to help identify common social problems and as tools of citizen participation.
Presidential Decree 888/2016 – 22 July 2016:10 “System of Electronic Management of Human Resources”. Implementation of a Human Resources Management System for an integral administration of human resources in the public administration.
Presidential Decree 1336/2016 – 29 July 2016:11 Implementation of a System of Electronic Management of public works contracts, public works concession contracts and public service concessions (Contrat.ar).
National Contracting Office Disposition 65/2016 – 27 September 2016:12 Approved the “Electronic Public Administration Procurement System” (Compr.ar).
Law 27275 – 29 September 2016:13 Aims to guarantee the full exercise of the right to access to public information (open by default), foster citizen involvement and improve the transparency of public administration. The foundations of the law rely on the principles of publicity, transparency and maximum disclosure, maximum access, opening, dissociation, no discrimination, rapid response, free of charge access, control, responsibility, limited exemptions, easement and good faith.
Presidential Decree 1063/2016 – 4 October 2016:14 Implements a new module for the Electronic Document Management Platform to make it a means for citizens to interact with the government.
Presidential Decree 117/2016 – 1 December 2016:15 Orders each ministry to create a “data opening plan”, which must detail the data assets under its jurisdiction as well as the publication schedule applicable to them according to the MoM guidelines. Places responsibility for implementation and follow-up with the MoM.
Presidential Decree 1265/2016 – 15 December 2016:16 Creates the Central Electronic Authentication Platform (Plataforma de Autenticación Electrónica Central) that provides a centralised information service regarding the accreditation in virtual environments of the identity of the users of computer systems through a network.
Presidential Decree 1273/2016 – 20 December 2016:17 Establishes that public entities must exchange the public information that they produce, obtain or control with any other public body that requests it. The decree states that the then-MoM shall be authorised to issue the interchange protocols; interoperability guidelines; complementary, explanatory, technical and operative rules necessary for compliance with the provisions of the decree.
Presidential Decree 1306/2016 – 26 December 2016:18 Implements a new module for the Electronic Document Management Platform for the management of public records (Registro Legajo Multipropósito).
Presidential Decree 87/2017 – 2 February 2017:19 “Digital Platform for the National Public Sector”. Orders that the MoM create a digital portal (Argentina.gob.ar) incorporating numerous tools, including Internet portals, mobile applications and text messaging (SMS) services. As part of this portal, orders the MoM to create “Mi Argentina” – integrated digital profiles and services for citizens where they can access services, carry out and check the status of procedures, and access relevant information. The decree provides the MoM with the authority needed to ensure the requirements of the decree are met by all relevant government parties.
MoM Resolution 333/2017 – 4 July 2017:20 Approved the web and mobile applications standards for the Digital Platform for the National Public Sector.
MoM Resolution 435/2017– 26 July 2017: Created the National Appointment System as an integral part of the Digital Platform for the National Public Sector.
Presidential Decree 577/2017 – 28 July 2017:21 Created, under the MoM, the Cyber Security Committee, with the aim of developing a comprehensive national strategy for cybsersecurity in co-ordination with the Ministries of Security and Defense.
Resolution 13345-E/17 – 30 October 2017:22 This decree requires that all websites be hosted on the www.argentina.gob.ar website and prohibits all sites other than this portal.
Presidential Decree 891/2017 – 1 November 2017:23 “Good Practices in Matters of Simplification” (Buenas Prácticas en Materia de Simplificación). It establishes a series of principles and tools to improve the rule-making process in Argentina and the management of the stock of regulation. The decree introduces tools on ex ante and ex post evaluation of regulation, stakeholder engagement and administrative simplification, among others.
Presidential Decree 892/2017 – 1 November 2017: Created a “Remote Digital Signature Platform”.
Presidential Decree 27/2018 – 1 January 2018:24 “Simplification and Less Bureaucratic Procedures”. Specified legal provisions liable to be eliminated or reformed, with the aim of reducing red tape and improving the legal framework. It includes 197 measures of reform and simplification. After a push for legislative reform, this decree was replaced by three laws, collectively called the “Law of Simplification and Debureaucratization”, which codify most of the efforts from the decree. These laws are:
- Law 27,444:25 “Simplification and Debureaucratization for the Productive Development of the Country” focuses on regulations relevant for small and medium-sized enterprises and businesses.
- Law 27,445:26 “Simplification and Debureaucratization for the Development of Infrastructure” addresses the administrative burden in ports, airports and roads.
- Law 27,446:27 “Simplification and Debureaucratization of the National Public Administration” includes modifications to the administration of public goods and the use of electronic files.
Presidential Decree 733/2018 – 8 August 2018:28 Orders the “the complete, remote, simple, automatic and instant digital processing of formalities” and obliges all government processes to be completely digital.
Presidential Decree 802/2018 – 5 September 2018:29 Ordered a reorganisation of the public administration. It also created the Government Secretariat of Modernisation within the Chief of Cabinet of Ministers office, replacing the Ministry of Modernisation.
Presidential Decree 996/2018 – 2 November 2018:30 Considering a number of factors, including Argentina’s intention to join the OECD and to improve public policies for a stronger positioning in the global context, the decree approved the vision and key pillars of Argentina’s Digital Agenda 2030:
- SGM Resolution 138/2018 –28 December 2018:31 Approved the Digital Agenda in line with Presidential Decree 996/2018.
- SGM Resolution 5/2019 – 7 January 2019:32 Creates a Temporary and Special Executive Unit for Digital Agenda, under the Secretary of Digital Government and Technology Innovation, with the aim of defining initiatives and work proposals to accelerate the digital transformation in Argentina.
Presidential Decree 1169/2018 – 21 December 2018:33 Established the National Contracting Office as the governing body of the National System of Public Works Contracts and public works concessions. In addition, it instructed the office to develop and advertise a Governance Programme of the National System of Public Works Contracts and Public Works Concessions.
MoM Resolution 139/2018 – 28 December 2018:34 Created the Automated Service of Virtual Assistance for the citizen, as part of the Digital Platform for the National Public Sector.