DIAN appoints Andrés Javier Parra Ávila on a probationary period

The DIAN appointed Andrés Javier Parra Ávila on a six-month probationary period to the position of Gestor I, Code 301, Grade 01, assigned to the Strategic Management and Analytics Directorate - Sub-directorate of Economic Studies - Office. The same act provided for an affirmative action to relocate the provisional employee Michell Andrea Baiter Barreto, who proved to suffer from a catastrophic and/or ruinous disease. The decision is contained in Resolution 002007 of 2026, signed on February 24, 2026, by the general director Carlos Emilio Betancourt Galeano and published in the Official Gazette number 53,670 on October 26, 2026.

The framework: the eligibility list of the 2022 DIAN competition

The appointment is based on Decree Law 0927 of 2023, which governs the Specific Career System of the DIAN, and on the competition convened by the National Civil Service Commission through Agreement CNT2022AC000008 of December 29, 2022, modified by Agreement 24 of 2023, to fill 4,700 definitive vacancies. For the position OPEC 200678, the list was established by Resolution 5917 of February 15, 2024, which became fully final on February 24, 2024, and covered a single vacancy for Gestor I.

The CNSC authorized the use of that list through Official Letter 2025RS192089 of November 27, 2025, after exhausting the five provision orders provided for in Article 24 of Decree Law 0927 of 2023. Previously, the entity had appointed Juan Camilo Sánchez Delgado to the same position via Resolution 007345 of April 24, 2024; with new vacancies authorized, the turn corresponded to the next person in the order of merit.

Terms of the appointment

• Eligible: Andrés Javier Parra Ávila, citizenship ID 1022334411, position number 1 on the list.
• Position: Gestor I, Code 301, Grade 01, ID 20574, file IT-GA-3015, OPEC 200678.
• Duration of the probationary period: six months starting from the date of taking office; the immediate supervisor must evaluate performance within the following ten business days.
• Budgetary support: CDP 7426 of January 2, 2026, issued by the Budget Coordination of the Financial Sub-directorate.
• Minimum requirements certified by the Sub-directorate of Public Employment Management via Official Letter 100151185-0350 of February 3, 2026.

Affirmative action for a provisional employee with reinforced protection

Job ID 20574 was held on a provisional basis by Michell Andrea Baiter Barreto (ID 1007701813). The entity reviewed her health situation with the support of a specialist physician in occupational health and safety and concluded that she proves the condition due to suspected orphan disease, classified as catastrophic or ruinous in Resolution 3974 of 2019 and in Resolution 023 of 2023 of the Ministry of Health and Social Protection.

Based on the jurisprudence of the Constitutional Court—including unification sentence SU-446 of 2011—and paragraph 3 of article 2.2.5.3.2 of Decree 1083 of 2015, the DIAN adopted measures to avoid infringing upon her rights:

• Redistributed the temporary vacancy of job ID 21472, file FL-3008, whose career rights holder is Omar Leonardo Castellanos Alarcón (ID 1098777003), for as long as he remains separated from the position.
• Placed the civil servant in that job, in the Collection and Recovery area - Internal Working Group for Balance Normalization, and set ten business days for her to take possession of the placement.
• Specified that the measure does not alter the provisional nature of her appointment and that the holder, upon resuming duties, will be automatically relocated to their original place of origin.

Effects and scope

Whoever passes the probationary period acquires career rights and registration in the Public Registry of Administrative Careers, upon request to the CNSC; if they do not pass, the appointment must be declared null and void by a reasoned resolution. Additionally, per paragraph 2 of article 36 of Decree Law 0927 of 2023, the employee who passes the period must remain at the job location for at least two years. No appeal is permitted against the resolution, and its notifications are carried out via email.

The act shows how the DIAN combines strict compliance with the order of merit in the 2022 competition with the reinforced protection of provisional servants in serious health conditions: the position is filled by the eligible candidate, but the official is not terminated, but rather relocated to another temporary vacancy. For the candidates on the list and for the entity’s provisional employees, the precedent establishes two simultaneous rules: the list prevails, and reinforced stability is materialized through relocation and not through the freezing of the position.

Source: Official Gazette, No. 53,670, October 26, 2026, Section I (Special Administrative Units – National Directorate of Taxes and Customs), pp. 25-26 (official reference: Resolution 002007 of 2026).