Indecopi, through its Specialized Chamber for the Elimination of Bureaucratic Barriers (SEL), declared an illegal bureaucratic barrier to the demand of the Ministry of Transport and Communications (MTC) of impose deadlines on suppliers to remove public service facilities with the sole written communication of Provías Nacional, and in the term that this fixes.
In this way, the SEL concluded that the measure established in article 8, literal l, annex 1, numeral 11, of Supreme Decree No. 037-2019-MTC, violates article 43.2 of Legislative Decree 1192 (Interference Release Law ).
In this sense, article 43 of the aforementioned regulation establishes that public institutions must send a communication to the service provider companies, identifying the Interferences that are within the execution line of Infrastructure Works, so that they can carry out the removal works. , transfer or replacement of these.
Thus, within the within twenty business days counted from the day following the notification, the companies providing public services will send the budget that includes the cost and schedule of the works required by the entity.
In view of this, Indecopi affirms that “it is not the responsibility of the MTC, through Provías Nacional, to indicate a specific term; rather, it is the public service provider companies that must indicate the time it will take to carry out these works ”.
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