When dealing with applications for the granting of permits, licenses, or authorizations, once the resolution period granted to the Administration by the legal system has expired, without it having issued a decision, the positive silence (silencio positivo) shall operate by operation of law and such applications shall be deemed approved, provided that the legally established requirements are met.
In the case of those procedures (trámites) for the granting of licenses, permits, or authorizations that do not have a previously defined resolution period, the period established by Law 6227, General Law of the Public Administration, of May 2, 1978, shall be taken as the period.
Likewise, in the case of procedures or requirements (trámites o requisitos) that are necessary for another procedure, in application of the positive silence (silencio positivo), the administered person (administrado) may continue with the subsequent steps.
For the application of the positive silence (silencio positivo), it shall suffice for the administered person (administrado) to indicate, through a sworn statement (declaración jurada) made before a notary public, or signed by the administered person (administrado) in the presence of the official, or by means of an electronic document with a digital signature, that the Administration did not resolve within the corresponding period and that they fulfilled the requirements for granting the application made. In such case, the Administration must issue a confirmatory resolution or administrative act of the permit, license, or authorization in application of the positive silence (silencio positivo) within the period of two business days following receipt of the sworn statement (declaración jurada).
These requirements shall only be those expressly stipulated in laws, executive decrees, regulations, or administrative provisions such as general resolutions and which are duly published in the National Catalogue of Procedures (Catálogo Nacional de Trámites), in accordance with the provisions of Article 4 of this law.
In procedures (trámites) that are managed through digital platforms, the positive silence (silencio positivo) shall apply, and the presentation of a sworn statement (declaración jurada) may be excepted, provided that all other conditions set forth in this article and in what is established by the regulation on the functioning of the respective platform are met.
In complying with this procedure, the Administration must coordinate internally to inform the official of Procedures Simplification (oficial de Simplificación de Trámites), in accordance with Article 11 of this law. No institution may disregard or reject the application of the positive silence (silencio positivo) that operates by operation of law. When applicable, the Administration shall apply the nullity procedure in an administrative venue regulated in Article 173 of the General Law of the Public Administration, or shall initiate a judicial process of lesividad of the Contentious-Administrative Procedural Code to demonstrate that the corresponding requirements were not met.
Excepted from the application of the positive silence (silencio positivo) are licenses, permits, and authorizations in matters of public health and environment and those matters in which, by constitutional provision, legal provision, or judicial jurisprudence, they expressly so indicate. Each institution must expressly indicate, in the National Catalogue of Procedures (Catálogo Nacional de Trámites), for which specific cases this figure is not applicable, under penalty of incurring an administrative fault by the official of Procedures Simplification (oficial de Simplificación de Trámites).
(As amended by Article 1 of Law No. 10072 of November 18, 2021)