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 LEY Nº 28335


Artículo1°.- Objeto de la Ley


Créase el Índice de Barreras Burocráticas de Acceso al Mercado impuestas a nivel local que afecten indebidamente la competitividad de los agentes económicos, el mismo que contendrá la relación de barreras burocráticas discriminada por municipalidad sea provincial o distrital, y que han sido debidamente identificadas por la Comisión de Acceso al Mercado del Instituto Nacional de Defensa de la Competencia  y de la Protección de la Propiedad Intelectual - INDECOPI, de conformidad con el artículo 26° BIS del Decreto Ley N° 25868 y normas afines.


Artículo 2°.- Comisión de Acceso al Mercado


Encárgase a la Comisión de Acceso al Mercado del INDECOPI la elaboración del Índice de Barreras Burocráticas de Acceso al Mercado a nivel local y de su difusión anual a través de la página web del Instituto Nacional de Defensa de la Competencia y de la Protección de la Propiedad Intelectual - INDECOPI y de la Agencia de Promoción de la Inversión Privada - PROINVERSION.


El Índice se elaborará en base a los procedimientos tramitados ante la Comisión de Acceso al Mercado del INDECOPI.


Artículo3°.- Vigencia de la Ley


La presente Ley entra en vigencia al día siguiente de su publicación en el Diario

Oficial El Peruano.











El primer Índice a que hace referencia el artículo 1° de la presente Ley será difundido por la Comisión de Acceso al Mercado del INDECOPI, dentro de los primeros quince (15) días del mes de enero de 2005, en la página web del Instituto Nacional de Defensa de la Competencia y de la Protección de la Propiedad Intelectual - INDECOPI y de la Agencia de Promoción de la Inversión Privada - PROINVERSION. También se difundirá a través de su publicación en forma gratuita en el Diario Oficial El Peruano mediante separata especial.


El índice se elaborará semestralmente en forma progresiva, de conformidad con los recursos del INDECOPI.


SEGUNDA.- De los Textos Únicos de Procedimientos Administrativos


El Índice a que hace referencia  el artículo  1° de la presente  Ley incluirá la identificación de municipalidades que cuenten con su respectivo Texto Único de Procedimientos Administrativos vigente debidamente aprobado y publicado, de conformidad con lo dispuesto en la Ley N° 27444.


Para tal efecto, a más tardar el 31 de octubre de cada año, las municipalidades deberán acreditar ante la Comisión de Acceso al Mercado del INDECOPI haber aprobado y publicado sus respectivos Textos de Únicos de Procedimientos Administrativos.


TERCERO.-  Competencia  de  la  Comisión  de  Acceso  al  Mercado  del



La Comisión de Acceso al Mercado del INDECOPI es competente para conocer de los actos de disposiciones de las entidades de la administración pública a que  se  refiere  el  artículo  I  del  Título  Preliminar  de  la  Ley  N°  27444,  que impongan barreras burocráticas que impidan u obstaculicen ilegal o irracionalmente el acceso o permanencia de los agentes económicos en el mercado  o  que  contravengan  las  disposiciones  generales  contenidas  en  el Capítulo I del Título II de la Ley N° 27444; de conformidad con lo establecido en el artículo 26° BIS del Decreto Ley N° 25868 y en normas afines.



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