This certification shall be issued by the Fund (Caja) within twenty-four business hours following the submission of the request, on plain paper and free of fiscal charges, stamps, and taxes of any kind.
It shall be the obligation of the Minister of Finance (Ministro de Hacienda) to annually budget sufficient revenue to guarantee the universalization of social insurances and to order, in all cases, the effective and complete payment of the contributions owed to the Fund (Caja) by the State, as such and as an employer. Failure to comply with any of these duties shall entail the corresponding legal responsibilities. Criminally, this conduct shall be sanctioned with the penalty provided in article 330 of the Penal Code.
Employers and persons who engage wholly or partially in independent or non-salaried activities must be up to date in the payment of their obligations to the Costa Rican Social Insurance Fund (CCSS), as well as other social contributions collected by this Institution in accordance with the law. To carry out the following administrative procedures, it shall be a requirement to be registered as an employer, independent worker, or in both modalities, as applicable, and up to date in the payment of obligations, in accordance with articles 31 and 51 of this Law.
(Thus amended the preceding paragraph by the sole article of Law No. 8909 of February 8, 2011) 1.- The admissibility of any administrative application for authorizations presented to the Public Administration (Administración Pública) that it must grant in the exercise of public functions of supervision and tutelage or when dealing with applications for permits, exemptions, concessions, or licenses. For the purposes of this article, Public Administration (Administración Pública) is understood in the terms indicated in article 1 of both the General Law of the Public Administration (Ley General de la Administración Pública) and the Regulatory Law of the Contentious-Administrative Jurisdiction (Ley Reguladora de la Jurisdicción Contencioso-Administrativa).
2.- In relation to legal entities, the registration of any document in the public registries: commercial, associations, sports associations, and the Registry of Social Organizations (Registro de organizaciones Sociales) of the Ministry of Labor and Social Security (Ministerio de Trabajo y Seguridad Social), except those issued by judicial authorities.
3.- To participate in any procurement process with the Public Administration (Administración Pública), centralized or decentralized, with public companies or with non-state public entities, trusts, or private entities that manage or dispose of, by any title, public funds.
During the contract execution stage, if a contractor acquires a delinquent status with the Fund (Caja), and the contracting party has pending payments in its favor, the latter must withhold its payment and transfer said resources directly to the Fund (Caja). If, once the payment of the worker-employer or independent worker contributions has been honored, there is any remainder in favor of the contractor, the contracting party shall deliver it to them.
(Thus added the preceding paragraph through the sole article of Law No. 9686 of May 21, 2019) In any contract with these entities, including the contracting of professional services, not being registered with the Fund (Caja) as an employer, independent worker, or in both modalities, as applicable, or not being up to date in the payment of obligations to social security, shall constitute grounds for contractual breach. This obligation shall also extend to third parties whose services are subcontracted by the concessionaire or contractor, who shall be jointly and severally liable for their non-compliance.
(Thus amended subsection 3) above by the sole article of Law No. 8909 of February 8, 2011) 4.- The granting of the benefit provided in the second paragraph of article 5 of the Organic Law of the General Comptrollership of the Republic (Ley Orgánica de la Contraloría General de la República).
5.- The enjoyment of any tax exemption and incentive regime. Failure to comply with social security obligations shall be cause for the loss of the exemptions and agreed fiscal incentives, which shall be determined within a due process followed for this purpose.
The verification of compliance with the obligation established in this article shall be the competence of each of the administrative bodies in which the respective procedure must be carried out; for this purpose, the Fund (Caja) must supply the necessary information monthly. Failure to comply with this obligation by the Fund (Caja) shall not impede or hinder the respective procedure. Likewise, through agreements with each of those administrative bodies, the Costa Rican Social Insurance Fund (Caja Costarricense de Seguro Social) may establish joint databases and control and verification systems that facilitate the control of compliance with the payment of social security obligations." (NOTE: This article was added to this law by numeral 5 of Law No. 6914 of November 28, 1983, and amended by article 85 of Law No. 7983 of February 16, 2000) (This article is regulated by Executive Decree No. 28770-MP-MTSS, of July 6, 2000)