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$Unique_ID{COW04016}
$Pretitle{271}
$Title{Venezuela
Title I The Republic, Its Territory and Political Divisions}
$Subtitle{}
$Author{Government of Venezuela}
$Affiliation{Embassy of Venezuela, Washington DC}
$Subject{article
law
national
constitution
republic
within
municipalities
territory
state
federal}
$Date{1961}
$Log{}
Country: Venezuela
Book: Constitution of Venezuela
Author: Government of Venezuela
Affiliation: Embassy of Venezuela, Washington DC
Date: 1961
Title I The Republic, Its Territory and Political Divisions
CHAPTER I Fundamental Provisions
Article 1. The Republic of Venezuela is forever and irrevocably 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 organs 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 the country.
The law shall deterine 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 iniated in 1810, with
the modifications resulting from treaties validly concluded by the Republic.
Sovereignty, authority, and vigilance over the territorial sea, the
contiguous maritime zone, the continental shelf, and the air space, and also
the ownership and exploitation of property and resources contained within
them, shall be exercised to the extent and under the conditions determined by
law.
Article 8. The national territory may never be ceded, transferred,
leased, or in any way alienated, even partially or temporarily, to a foreign
power.
Within such area as is determined, foreign States may only acquire, under
guarantees of reciprocity and with the limitations established by law, the
real property necessary for the seat of their diplomatic or consular
representation. The acquisition of real property by international
organizations may be authorized only under the conditions and restrictions
established by law. In all these cases sovereignty over the land shall always
be 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 decide
upon exchanges or cessions of territory through agreements approved by their
Legislative Assemblies and ratified by the Senate. Alterations of boundaries
and exchanges 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 pertinent 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 organs of the National Power.
The provisions of this article do not prevent the temporary exercise of
the National Power in other places in the Republic.
A special law may coordinate the different jurisdictions existing within
the 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. By a special law a Federal Territory may be given the status
of a State and alloted all or part of the area of the Territory concerned.
Article 14. The Federal Dependencies are those portions of the territory
of the Republic not included in the States, Territories, and Federal District
and also such islands as 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 which, 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 obligated 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 public acts issued by national
authorities, other States, and 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 the expenditure 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 the determination
of the branches of this service to be placed under municipal jurisdiction;
6. Any matters entrusted to it in accordance with article 137;
7. Whatever is not, in conformity with this Constitution, within national
or municipal competence.
Article 18. The States may not:
1. Create customhouses or import, export,or transit taxes on foreign or
domestic goods, or on other sources of revenue under national or municipal
jurisdiction;
2. Tax consumer goods before they enter into circulation within their
territory;
3. Prohibit the consumption of goods produced outside their territory, or
tax them differently from those produced within it;
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 qualifications as those
required by this Constitution to be a Deputy and shall be elected by direct
vote with proportional representation of minorities, according to law.
The Legislative Assembly is competent to examine and monitor any act of
the State public administration.
Members of the Legislative Assemblies shall enjoy immunity within the
territory of their State from ten days before the beginning of sessions until
ten days after the latter close or the member leaves office. This immunity
shall be governed by the rules of this Constitution relative to the immunity
of Senators and Deputies, to the extent that they are 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 pertinent period made by the Governor in the
bill presented to the Legislative Assembly;
4. Any others attributed to it by law.
Article 21. The government and administration of each State are th