Modernization of Ministry of Transports and Communications’ Management (2007-2014)
Act No. 29158, the Organic Law of the Executive Branch (LOPE, by its Spanish initials) was enacted as part of the State Management Modernization process, which is a legal regulation that sets out the basic principles and regulations regarding organization, competences and functions of the Executive Branch, including the general functions of the ministries.
In this context, through Act No. 29370, the Law on Organization and Functions of the Ministry of Transports and Communications (LOF, by its Spanish initials) was approved. This law sets out and regulates the Ministry’s field of competence, as well as its functions and basic organizational structure, which is adequate and aligned pursuant to the LOPE.
As part of the implementation of the decentralization processes initiated with the enactment of Act No. 27783, Law on Guidelines for Decentralization, and Act No. 27867, Organic Law of Regional Governments, the MTC, by Supreme Decree No. 049-2009-PCM, approved the Matrix for Delimiting Competences and Distributing Functions of Transports and Communications Sectors at National, Regional and Local Government Level. This matrix holds the National Government’s general functions in the transports and communications sectors, which are well-delimited and adjusted to fit a decentralized management scheme.
The Superintendency of Land Transport of People, Cargo and Freight (SUTRAN, by its Spanish initials) was created through Act No. 29380, as a public executive body attached to the MTC, in charge of ruling, monitoring, supervising and penalizing, within its competence, overland goods, cargo and passenger transport services at national and international level. Its aim is to reinforce monitoring actions related to transport services at a national level and to reduce the country’s high accident rates.
Likewise, by Supreme Decree No. 032-2010-MTC, it was established that the Autonomous Authority of Lima and Callao’s Electrical Mass Transport System (AATE, by its Spanish initials), sets up a Special Project, within the LOPE framework, attached to the Ministry of Transports and Communications, which should be in charge of preparing, managing, administrating and executing works and maintenance of the civil and electro-mechanical infrastructure and of the equipment of Lima’s Electrical Mass Transport System, which is required to improve overland traffic flow in the metropolitan area of Lima.
Act No. 27444, Law of General Administrative Procedure, sets out, among others, an Administrative Principle aiming at simplicity, according to which the procedures established by the administrative authority shall be simple; any unnecessary complexity should be removed, i.e., the requirements demanded shall be rational and proportional to the goals to be achieved.
In this sense, the Ministry of Transport and Communications’ Single Text of Administrative Procedures (TUPA, by its Spanish initials) gives priority to the processing of automatic-approval administrative procedures and the application of affirmative administrative silence to the benefit of citizens and businesspeople. It should be noted that TUPA has been updated in recent years:
- Update of Single Text of Administrative Procedures – TUPA of the MTC (Ministerial Resolution No. 644-2007-MTC/01).
- Incorporation of procedure called “Information Confidentiality Statement” corresponding to the General Directorate for International Affairs and Regulation of Communications and the Technical Secretariat of the Telecommunications Investment Fund – FITEL (Supreme Decree No. 009-2008-MTC).
- Determination of a list of administrative procedures under the responsibility of the Sectoral Regional Directorates for Transports and Communications (Ministerial Resolution No. 339-2008-MTC/01 and 926-2008-MTC/01).
- Reclassification of several previously assessed administrative procedures with affirmative administrative silence to automatic approval of the General Directorate for Water Transport and Land Transport (Ministerial Resolution No. 586-2008 MTC/01).
- Reducing requirements of the administrative procedures for automatic approval administrative procedures No. 22, 25, 26, 28, 34, 35, 37, 38, 39, 40, 44 and 45, under the responsibility of the General Directorate for Land Transport (Ministerial Resolution No. 586-2008-MTC/01).
- Improvement to the Annex ‘’Forms for the implementation of administrative procedures contained in the MTC’s TUPA’’ (Ministerial Resolution No. 829-2008-MTC/01 and 469-2010-MTC/01).
- Removal of procedures No. 28, 31, 33, 35, 38, 42, 44 and 47 under the responsibility of the General Directorate for Land Transport (Ministerial Resolution No. 846-2009-MTC/01).
- Improvement to MTC’s TUPA regarding the procedures corresponding to the General Directorate for Water Transport, Civil Aviation, Land Transport, Roads and Railways, Communications Concessions and Personnel Office (Ministerial Resolution No. 468-2010-MTC/01).
- Implementation of electronic procedure through Single Window for Foreign Trade (VUCE, by its Spanish initials) for administrative procedures No. 1, 2, 3 and 4 of the General Directorate for Control and Supervision in Communications and procedures 33, 35 and 36 of the General Directorate for Concessions and Communications, and elimination of the use of Form 003/27 and Annex 003/27 of the General Directorate for Communications Concessions (Ministerial Resolution No. 042-211-MTC/01).
- Implementation of online driving license procedure of administrative procedures No. 52, 55, 56, 57 and 58 of the General Directorate for Land Transport (Ministerial Resolution No. 074-2011-MTC/01).
- Removal of requirements for procedure 1, 4, 5 and 10 and removal of procedures 16, 19 and 20 of the General Directorate of Authorizations in Telecommunications (Ministerial Resolution No. 298-2011-MTC/01).
- Update of administrative procedures numbering under the responsibility of the General Directorate for Land Transport and accuracy in response times to deal with procedures 6, 9, 17, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 39, 41, 42 and 44 under the responsibility of the General Directorate for Civil Aviation (Ministerial Resolution No. 517-2011-MTC/01).
The National Public Management Modernization Policy, approved by Supreme Decree No. 004-2013, defines process-oriented management as one of the five central pillars.
In this regard, the MTC has approved the ‘’Guidelines for Preparing a Processes and Procedures Manual for the MTC’’ to implement process-oriented management and boost administrative simplification. Its objective is to facilitate identification, analysis, design, improvement and documentation of processes and procedures of the MTC’s bodies and/or organizational units; moreover, it facilitates understanding of the process-based approach such as to allow improving the institution’s management (Ministerial Resolution No. 192-2013-MTC/01).