Constitution of the Republic of Venezuela, 1961

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CONSTITUTION OF THE
REPUBLIC OF VENEZUELA

having called for the vote of the Legislative Assemblies of the States of Anzoátegui, Apure, Aragua, Barinas, Bolívar, Carabobo, Cojedes, Falcón, Guárico, Lara, Mérida, Miranda, Monagas, Nueva Esparta, Portuguesa, Sucre, Táchira, Trujillo, Yaracuy, and Zulia, and in view of the favorable result of the voting,

in representation of the Venezuelan people, for whom the protection of God Omnipotent is invoked;

with the aim of maintaining the independence and territorial integrity of the Nation, strengthening its unity, ensuring the freedom, peace, and stability of its institutions;

protecting and uplifting labor, upholding human dignity, promoting the general well-being and social security; achieving an equitable participation by all in the enjoyment of wealth, according to principles of social justice, and promoting the development of the economy in the service of man;

maintaining social and legal equality, without discriminations due to race, sex, creed or social condition;

cooperating with all other nations and especially with the sister Republics of the Hemisphere, in the aims of the international community, on the basis of mutual respect for sovereignties, the self-determination of peoples, the universal guarantee of the individual and social rights of the human person, and the repudiation of war, conquest and economic predominance as instruments of international policy;

supporting the democratic order as the sole and irrenounceable means of ensuring the rights and dignity of citizens and favoring their peaceful extension to all the peoples of the earth;

and preserving and increasing the moral and historic patrimony of the Nation, forged by the people in their struggles for freedom and justice and by the thoughts and deeds of the great servants of their country, whose highest expression is Simón Bolívar, the Liberator, decrees the following

TITLE I
The Republic, its Territory and Political Divisions

Chapter I
Fundamental Provisions

Article 1. The Republic of Venezuela is irrevocably and forever free and independent from any domination or protection by a foreign power.

Article 2. The Republic of Venezuela is a federal state, within the terms affirmed by this Constitution.

Article 3. The government of the Republic of Venezuela is and always shall be democratic, representative, responsible, and alternating.

Article 4. Sovereignty resides in the people, who exercise it, by means of suffrage, through the branches of the Public Power.

Article 5. The national flag, with the colors yellow, blue, and red; the national hymn "Glory to a brave people", and the coat of arms of the Republic, are the symbols of our country.

The law shall determine their characteristics and regulate their use.

Article 6. The official language is Spanish.

Chapter II
The Territory and Political Divisions

Article 7. The national territory is that which belonged to the Captaincy General of Venezuela before the political transformation initiated in 1810, with the modifications resulting from treaties validly concluded by the Republic.

The sovereignty, authority and vigilance over the territorial sea, the contiguous maritime zone, the continental shelf, and the air space, as well as the ownership and exploitation of property and resources contained within them, shall be exercised to the extent and conditions determined by law.

Article 8. The national territory may never be ceded, transferred, or leased or alienated in any way, even partially or temporarily, to a foreign power.

Foreign States may acquire, within a specified area, under guarantee of reciprocity and with limitations established by law, only real property that is necessary for the seat of their diplomatic and consular representation. The acquisition of real property by international organizations may be authorized only in accordance with conditions and restrictions established by law. In al these cases sovereignty over the land is retained.

Article 9. The national territory is divided for the purposes of the political organization of the Republic into the States, the Federal District, the Federal Territories, and the Federal Dependencies.

Article 10. States may merge, alter their present boundaries, and grant compensations or cessions of territory through the agreements approved by their Legislative Assemblies and ratified by the Senate. Alternations of boundaries, compensations or cessions of territory between the Federal District or the Federal Territories or Dependencies and the States may be accomplished through agreements between the National Executive and the respective States, ratified by the corresponding Legislative Assemblies and by the Senate.

Article 11. The city of Caracas is the capital of the Republic and the permanent seat of the supreme branches of the National Power.

The provisions of this article shall not prevent the temporary exercise of the National Power in other places in the Republic.

A special law shall coordinate the different jurisdictions existing within metropolitan area of Caracas, without impairing municipal autonomy.

Article 12. The Federal District and the Federal Territories shall be organized by organic laws in which municipal autonomy shall be maintained.

Article 13. A special law may give a Federal Territory the status of a State, alloting to it all or a part of the respective Territory.

Article 14. The Federal Dependencies are those portions of the territory of the Republic not included in the States, Territories and Federal District, as well as the islands which may be formed or appear in the territorial sea or in the sea covering the continental shelf. Their system of government and administration shall be established by law.

Article 15. The law may establish a special juridical system for those territories wich, by the free determination of their inhabitants and with the approval of Congress, are incorporated into the Republic.

Chapter III
The States

Article 16. The States are autonomous and equal as political entities. They are obliged to maintain the independence and integrity of the Nation; and to comply with and enforce the Constitution and the laws of the Republic.

They shall give faith and credit to the public acts issuing from the national authorities, the other States, and the Municipalities and shall see that they are executed.

Each State may preserve its present name or change it.

Article 17. The following are within the competence of each State:

1. The organization of its public powers, in conformity with this Constitution;

2. The organization of its Municipalities and other local entities and their political and territorial division, in accordance with this Constitution and the national laws.

3. The administration of its property and expenditures of the constitutional allotment and other revenues pertaining to it, subject to the provisions of Articles 229 and 235 of this Constitution;

4. The use of the public credit, subject to the limitations and requirements established by national laws;

5. The organization of the urban and rural police and determination of what branches of this service shall be within municipal jurisdiction;

6. Matters entrusted to it in accordance with Article 137;

7. Anything which, in conformity with this Constitution, does not pertain to national or municipal jurisdiction.

Article 18. The States may not:

1. Create custom houses or taxes on imports, export taxes, or taxes on transit of foreign or domestic goods, or on other revenue items under national or municipal jurisdiction;

2. Tax consumer goods before they enter into circulation within their territory;

3. Prohibit consumption of goods produced outside their territory, or tax them differently from those produced within their jurisdiction;

4. Levy taxes on livestock or on their products or by-products.

Article 19. The Legislative Power in each State is exercised by a Legislative Assembly whose members must meet the same requirements as those indicated in this Constitution to be a Deputy, and they shall be elected by direct vote with proportional representation of minorities, according to law.

The Legislative Assembly is competent to examine and control any act of the public state administration.

Members of the Legislative Assemblies shall enjoy immunity within the territory of the respective State from ten days before the beginning of sessions until ten days after their termination or after a member ceases to function. This immunity is governed by the rules of this Constitution relative to the immunity of Senators and Deputies, in so far as applicable.

Article 20. The powers of the Legislative Assembly are:

1. To legislate on matters within state competence;

2. To approve or disapprove annually the actions of the Governor, in a special session called for that purpose;

3. To sanction the Budget Law of the State;

The total expenditures authorized by the Budget Law may in no case exceed the estimate of revenues for the respective period made by the Governor in the bill submitted to the Legislative Assembly;

4. Any others attributed to it by law.

Article 21. The government and administration of each State pertains to a Governor, who in addition to being executive head of the State is the agent of the National Executive in his respective district.

To be a Governor one must be a Venezuelan by birth, over thirty years of age and a layman.

Article 22. The law may establish the manner of electing and removing Governors, in accordance with the principles set forth in Article 3 of this Constitution. The respective bill must first be introduced to the Chambers in joint session, by a vote of two thirds of their members. The respective law shall not be subject to veto by the President of the Republic. Until the law provided in this article is enacted, the Governors shall be freely appointed and removed by the President of the Republic.

Article 23. The powers and duties of a Governor are:

1. To comply with and enforce this Constitution and the laws, and to execute and see to the execution of orders and resolutions received from the National Executive;

2. To appoint and remove the officials and employees under him, if their designation is not attributed to some other authority, without prejudice to laws governing the administrative career;

3. To submit to the Legislative Assembly a report of his administration for the year immediately preceding;

4. To submit to the Legislative Assembly the bill for the Budget Law.

Article 24. Disapproval of the acts of a Governor shall mean his immediate removal in the event that the latter is expressly agreed upon by a vote of two thirds of the members of the Legislative Assembly.

Chapter IV
Municipalities

Article 25. The Municipalities constitute the primary and autonomous political units within the national organization. They are juridical persons and their representation shall be exercised by those agencies determined by law.

Article 26. The organization of Municipalities and other local entities shall be governed by this Constitution, by rules following constitutional principles established in national organic laws, and by legal provisions enacted by the States in conformity therewith.

Article 27. The laws may establish different systems for the organization, government, and administration of Municipalities, based on population, economic development, geographical location, and other important factors. In all cases the municipal organization must be democratic and respond to the actual nature of the local government.

Article 28. Municipalities may be grouped into Districts. Municipalities may also be constituted as joint communities (mancomunidades) for specified purposes within their competence.

Article 29. Municipal autonomy includes:

1. Election of its authorities;

2. Free action on matters within its competence;

3. The creation, collection and expenditure of its revenues;

Acts of Municipalities may not be challenged except before jurisdictional authorities, in accordance with this Constitution and the laws.

Article 30. The government and administration of interests peculiar to the entity are within municipal competence, particularly in relation to its property and revenue and matters proper to local life, such as urban development, supplies, traffic, culture, health, social assistance, public credit institutions, tourist travel, and municipal police.

The law may grant municipalities exclusive competence in specific matters and may also impose on them a compulsory minimum of services.

Article 31. Municipalities shall have the following revenues:

1. The proceeds from their communal lands (ejidos) and their own property;

2. Excise taxes from the use of their property and services;

3. Licenses on industry, commerce and vehicles, and taxes on urban real property and public entertainment;

4. Fines imposed by municipal authorities and others attributed to them by law;

5. State or national subsidies and donations;

6. Any other special taxes, excises and contributions that are imposed according to law.

Article 32. The communal lands (ejidos) are inalienable and imprescriptible. They may be alienated only for constructions in those cases established by municipal ordinances and after compliance with formalities indicated therein. Those specified by law may also be alienated for purposes of agrarian reform, but there must always be left untouched lands required for the development of urban centers.

Article 33. Municipalities may make use of public credit subject to such limitations and requirements as are imposed by law.

Article 34. Municipalities shall be subject to the limitations established in Article 18 of this Constitution and they may not impose on the products of agriculture, stock-raising, or fishing of edible animals, taxes other than those on retail trade.

TITLE II
Nationality

Article 35. The following are Venezuelans by birth:

1. Those born in the territory of the Republic;

2. Those born in foreign territory of a native-born Venezuelan father and mother;

3. Those born in foreign territory of a native-born Venezuelan