A few days ago, the president of Congress, Maria del Carmen Alvareported that there are eleven “important laws” that the Parliament approved, but so far the Executive has not regulated. Within the list, there are some in economic matters that are waiting for the respective publications so that the regulations can become effective.
One of those laws is number 31362, which orders the payment of invoices to micro and small companies (mypes) in a maximum time of 30 days. The rule was published on November 28, 2021, and its objective is to regulate “the timely payment of commercial invoices or receipts for fees, issued to companies in the private and public sectors.”
In the complementary provision it is indicated that, by means of a supreme decree endorsed by the Minister of Economy, “the regulatory and complementary norms for the application of the law are dictated, within a period of 90 days counted from the day following the publication of the law”.
In this regard, the president of the SME Association of Peru, Ana María Choquehuanca, considered that there is “neglect” of the Executive to carry out the initiative.
“They spend time talking about other issues, while this management has not given any measure, tool or incentive to leverage micro and small companies affected by the health crisis, but they do approve the increase in the minimum wage that hits us,” he commented.
Likewise, he considered that on average it takes 70 days to pay a mype; There are even occasions when they reach up to 100 days. “In the case of the State, it is very perverse to delay payment,” he added.
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Meanwhile, on the list of the head of the Legislative there are also three laws related to agriculture: 31368, on the strengthening of agricultural producers; 31348, on rice with nutrients for Peruvians; and 31335, on the strengthening of agricultural cooperatives. This latest rule was published in August last year and will allow compliance with the adequacy of the statutes and the governance of cooperatives in the agricultural sector.
The president of Conveagro, Clímaco Cárdenas, indicated that they are waiting for the development regulations, because “the lack of regulation harms us.”
EXPECTATIONS
Former Economy Minister David Tuesta indicated that the lack of regulation of the rules shows that the Executive “plays with people’s expectations.”
But he added that it is also necessary for all laws to have an impact assessment, because regulations are often passed that have a harmful effect on the country.
DATA
Other laws that do not have regulations, according to Maricarmen Alva, are 31405, 31324, 31318, 31344, 31330 and 31342.
Ana María Choquehuanca questioned that, to elaborate Law 31362 (mypes), Congress included the exception that the supplier and buyer can establish a term greater than 30 days for the payment of invoices, because “it could be used to blackmail the mypes to accept a longer term.