Decree No.

3390 HUGO CHAVEZ FRIAS President of Republic

December 23, 2004
In accordance with Articles 110 and 226 of the Constitution of the Bolivarian Re
public of Venezuela, 12 and 47 of the Organic Law of Public Administration, 2, 1
9 and 22 of Decree with Rank and Force of Organic Law on Science Technology and
Innovation, the Council of Ministers, CONSIDERING The priority of the State to e
ncourage and promote the production of goods and services to meet the needs of t
he population, whereas the use of free software developed using open standards w
ill strengthen the national software industry increasing and strengthening their
capabilities, whereas reducing the technological gap ly member in the shortest
time possible cost and with quality of service, facilitates the use of Free Soft
ware developed using open standards, WHEREAS, the adoption of Free Software deve
loped with Open Standards in Public Administration and public services, facilita
te the interoperability of information systems in the state, contributing to qui
ck and timely responses to citizens, improving governance, WHEREAS the Free Soft
ware developed using open standards, allows greater user participation in the ma
intenance of safety standards and interoperability. DECREES
Article 1.
The National Civil primarily used Free Software Open Standards, developed with E
in their systems, projects and services. To that end, all organs and agencies o
f the National Public Administration begin the process of gradual and progressiv
e migration of the latter towards Free Software developed using open standards.
Article 2.
For the purposes of this Decree shall apply:
Free Software: A computer program whose license guarantees the user access to so
urce code and authorizes him to run for any purpose, modify and redistribute bot
h the original program and its modifications under the same licensing conditions
agreed to the original program, without pay royalties to previous developers.
Open Standards: Technical Specifications, public adas and controlled by an organ
ization that is responsible for its development, which have been accepted by the
industry, still available for anyone to be implemented in a free or proprietary
software, promoting competitiveness, interoperability or flexibility. Proprieta
ry Software: A computer program whose license provides restrictions on use, redi
stribution or modification by users, or require authorization of the Licensor. F
ree Software Distribution Developed with Open Standards for the Venezuelan State
: A software package and Computer Applications developed using Free Software Ope
n Standards to be used and distributed among different users.
Article 3.
Where not to develop or acquire free software applications on open standards, bo
dies and agencies of the National Public Administration must apply to the Minist
ry of Science Technology t authorized to adopt other solutions under the rules a
nd criteria established by this Ministry.
Article 4.
The Ministry of Science and Technology, advanced training programs for civil ser
vants in the use of free software developed using open standards, with particula
r emphasis on those responsible for the areas of information and communication t
echnologies, for which established the other organs and entities of the National
Public Administration requiring mechanisms.
Article 5.
The National Executive will encourage research and development of software under
free software model developed using open standards, seeking special incentives
for developers.
Article 6.
The National Executive will strengthen the development of national software indu
stry, by establishing a training network of specialized services in Free Softwar
e developed using open standards and developers.
Article 7.
The Ministry of Science and Technology will be responsible for providing the Fre
e Software Distribution Open Standards developed for the Venezuelan government t
o implement mechanisms which may be required.
Article 8.
The National Executive will promote the widespread use of Free Software develope
d using open standards in society, for it will develop mechanisms to train and i
nstruct users in the use of Free Software developed using open standards.
Article 9.
The National Executive will promote international cooperation in the field of Fr
ee Software developed using open standards with special emphasis on regional coo
peration through MERCOSUR, CAN, CARICOM and South-South cooperation.
Article 10. The Ministry of Education and Sports in coordination with the Minist
ry of
Science and Technology, shall establish policies to include free software develo
ped using open standards in basic education programs and diversified.
Article 11. Not later than ninety (90) calendar days counted from the
publication of this decree in the Official Gazette of the Bolivarian Republic of
Venezuela, the Ministry of Science and Technology shall submit to the President
of the Republic,
plans and programs that will provide a platform for the gradual implementation o
f this Decree.
Article 12. Each Minister in coordination with the Minister of Science and Techn
ology, in a
no later than ninety (90) calendar days counted from the approval of the Preside
ncy of the Republic of plans and programs referred to in the previous article, p
ublished in the Official Gazette of the Bolivarian Republic of Venezuela, its pl
an l progressive introduction of free software developed using open standards, t
aking up the guidelines contained in those, including research funding and tax i
ncentives for developers of Free Software Open Standards for the implementation
of the objectives of this Decree. Similarly, the highest authorities of their af
filiated entities, issued through the Ministry of Assignment their plans. The pr
ogressive implementation plans of Free Software developed using open standards o
f the various organs and entities of the National Public Administration, be impl
emented in a period not exceeding twenty-four (24) months depending on the chara
cteristics of their information systems. Ministers in Resolution and the highest
authorities of the entities that are affiliated through their respective acts,
identify stages of implementation of that plan, as well as technical reasons tha
t prevent the progressive introduction of free software in exceptional cases acc
ording na established in article 3 hereof.
Article 13. The Ministry of Science and Technology established within the plans
and
programs covered by this Decree, mechanisms that preserve the identity and cultu
ral needs of the country, including its indigenous groups, for which ensured tha
t the operating systems and applications that are developed are appropriate to t
heir culture.
Article 14 º. All ministers are charged with the implementation of this Decree,
coordinated by the Minister of Science and Technology. Done at Caracas on the tw
enty day of December two thousand and four. Years of Independence 194 º and 145
º of the Federation. Executed, (LS) Hugo Chavez endorsed the Executive Vice Pr
esident (LS) José Vicente Rangel