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April 26, 2022
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Cuba: new rule approved for leasing state premises to new economic actors

Foto: Otmaro Rodríguez / Archivo OnCuba.

The procedure for the tender for the lease of state establishments to the new actors of the cuban economy It was approved by the Ministry of Internal Trade (Mincin), according to official media on the island.

The regulation is contained in the Resolution 40/2022 of the Mincin, published in the Official Gazette No. 31 Extraordinaryof April 21, 2022, and indicates among the objectives of the measure, “increase participation in the economy, promote development, diversification of production, productive chains and the economic and social well-being of these actors, which include forms of state and non-state work”, according to a note from the official newspaper Granma.

Adds the means that in this way is consigned to workers of the establishment that is tendered, self-employed workers, non-agricultural cooperatives, local development projects, micro, small and medium enterprises (MSMEs)productive forms of agriculture and other actors who request to manage the property for local projects or another non-state management modality.

Among the requirements for the tender, the new provision establishes the existence of establishments that are decided to lease, operating or closed, previously approved in the reorganization of the retail network of domestic commerce by the Municipal Assembly of People’s Power of the territory, “where those that are managed state-owned and those that can be leased to other forms of management”, specifies the document

The measure that defines the state company, administrator of the premises, as the one that bids, may benefit the recovery of establishments in the activities of sales of merchandise, gastronomy and services, sales of goods, increase other offers and basic services to the population, especially, the most convenient for the public interest and the widest social and popular participation, explains Granma.

According to the Resolution, to carry out the tender, a commission endorsed by the governor or the mayor of the Municipal Administration Councils and made up of an uneven number of members will be constituted, among which will be the management, the technical, economic-financial and juridical of the companies, the union and the corresponding authorities of the municipality, points out the publication.

The aforementioned regulations detail that the call for the tender will be presented during the first ten working days of the process, and the procedure will be carried out within a term of 30 days, a period in which the specific conditions of the tender may not be varied, which are established by the entity at the time it is convened.

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Being a resident or having a registered office in a province other than where the establishment for bidding is located, and having committed fraud or deception in a previous bidding procedure constitute impediments to appearing in this process, the note clarifies. Also, having been sanctioned for economic crimes or against property rights, provided that their rights have not been rehabilitated or the criminal record has not been canceled.

In addition, in the case of natural persons, it is an impediment to have been subject to a disciplinary measure of definitive separation from the entity in the Internal Trade System, without being rehabilitated in accordance with current labor legislation, as well as presenting to more than one Simultaneous call for tenders for establishments.

The person to whom the lease of a state establishment with commercial activity is awarded may hire the establishment’s own workers, and with respect to those workers who are not hired by that selected person, the leasing entity must apply the provisions of labor legislation. valid, accurate Granma.

The new regulation repeals Resolution 48 of the Mincin, regarding the Procedure for the tender for the lease of establishments and personal property of the Internal Trade System, to self-employed workers, of March 8, 2021, issued by the head of this body.



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