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MISCELLANEOUS
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abrogated, it may even be said that claims of unconstitutionality against
said article have become void.
Pursuant to Law No. 6428, legislation making reference to
Supplemental Article 7 of LawNo. 3359 shall be deemed to reference Law
No. 6428. Projects tendered before the promulgation of Law No. 6428
shall be governed by the old legislation. However there is an exception
to this. For projects tendered while Law No. 3359 was operative, project
specifications regarding the commercial management by the private party
of areas outside the health facilities shall not be applied.
According to Article 10 of Law No. 6428, the application principals of
the law shall be regulated with a regulation to be prepared by the Ministry
of Health and promulgated by the Council of Ministers. However, until the
entry into force of such new regulation, the Regulation for the application
of Supplemental Article 7 of Law No. 3359 shall continue to be applied.
Law No. 6428 sets forth that “
The Ministry of Health and its related
institutions may, within the context of the preliminary project, preliminary
feasibility report, basic standards, tender document and provisions of
the agreement, and with the conditions determined with the agreement
for the independent and continuous right of superficies to be established
by the Ministry of Finance, have facilities constructed on immovables in
the possession of the Treasury in return for a fee determined within the
agreement
”.
In the same context, the renovation of facilities already in use may
also be realized by the private party in return for the provision of certain
services in the facilities, the operation of commercial service areas and/
or the payment of fees in accordance with the standards to be set by the
Ministry of Health.
Tender
According to Law No. 6428, the preliminary feasibility report relating
to construction works and other documents related to the project are to be
prepared by the Ministry of Health. After the Higher Planning Committee
has approved the relevant documentation and authorized the Ministry of
Health to proceed with the project, the tender shall be held.