Key Benefits:
law no 769
LAW OF DECEMBER 17, 2015
EVO MORALES AYMA
CONSTITUTIONAL PRESIDENT OF THE PLURINATIONAL STATE OF BOLIVIA
For the Legislative Assembly Plurinational, has sanctioned the following Law:
THE PLURINATIONAL LEGISLATIVE ASSEMBLY,
DECRETA:
LAW OF THE GENERAL BUDGET
OF THE MANAGEMENT STATE 2016
CHAPTER FIRST
GENERAL PROVISIONS
Article 1. (OBJECT). This Law aims to approve the General Budget of the State-PGE of the
Public Sector for Fiscal Management 2016, and other specific provisions for the administration of public finances.
Article 2. (AGGREGATED AND CONSOLIDATED BUDGET). The General Budget of the
State-PGE, for its duration during Fiscal Management from January 1 to December 31, 2016, is approved for a total aggregate amount of Bs282.884.329.128.-(Two hundred and eighty-two thousand eight hundred and eighty-eight And a consolidated of Bs217.139.563.218.-(Two hundred and seventeen thousand one hundred and thirty-nine million Sixty-three thousand two hundred and eighteen 00/100 Bolivians), in the detail of resources and expenditure recorded in the attached Tomos I and II.
Article 3. (SCOPE OF APPLICATION). This Law applies to all public sector institutions that comprise the Organs of the Plurinational State, institutions that exercise control functions, defense of society and the State, autonomous departmental governments, regional, municipal and indigenous indigenous peasants, public universities, public enterprises, banking and non-banking financial institutions, public social security institutions and all natural and legal persons receive, generate and/or administer public resources.
Article 4. (RESPONSIBILITY). The Maximum Executive Authority-MAE of each public entity, is
responsible for the use, administration, destination, fulfillment of objectives, goals, results of the public resources and the approval, execution and closure of projects, to which effect must observe compliance with the provisions contained in this Law and those laid down in the current legal rules.
CHAPTER SECOND
SPECIFIC PROVISIONS
Article 5. (PROCEDURE FOR JUDICIAL CONTINGENCIES).
I. The pecuniary obligations declared by a judicial authority which have a judgment with a status of res judicata,
shall be communicated by the public entities concerned or by the competent authority to the Ministry of Economy and Public finances, to make the budget forecast and enrollment in the expenditure item?Judicial Contingencies? which is established annually, in the case of resources of the General Treasury of the Nation.
II. For the execution of the expenditure of obligations with Judgment with quality of res judicata, public entities must
count on verifiable, quantifiable and recorded information in the duly audited financial statements. The National Heritage Service-SENAPE is exempt from the presentation of financial statements, only in cases of those dissolved or liquidated entities.
III. The Public Institutions that have obligations of payment with judgment with quality of res judicata, to be covered
with different resources to the General Treasury of the Nation, must be recorded in the game?Judicial Contingencies? in their institutional budgets and allocate resources based on their cash flow.
IV. Judicial and administrative authorities who determine compliance with these obligations should consider the
established in the Previous paragraphs, to define the compliance modalities.
V. Public entities affected by these obligations are responsible for processing the judicial processes and
of the supporting documentation presented in his application, being the Ministry of Economy and Finance Public only operativizer of such requests.
Article 6. (PRESENTATION OF INFORMATION AND FREEZING OF TAX RESOURCES).
I. The monthly budget execution of public entities on resources, expenditures and public investment, should be
sent to the Ministries of Economy and Public Finance, and Development Planning, until the 10th of the month
In case of non-compliance in the submission of the above information, the Ministry of Development Planning will request with
note to the Ministry of Economy and Public Finance, the immobilization of the Corrientes Accounts Prosecutors of the entities that failed to comply with the physical performance and financial investment in the SISIN WEB.
II. The Ministry of Economy and Public Finance, through the Vice-Ministry of the Treasury and Public Credit,
will immobilize resources from the Fiscal Current Accounts and suspend disbursements to public sector entities, in the following Cases:
For non-compliance in the presentation of information required by the Ministry of Economy and Public Finance, through any of its Organizational Units.
At the request of a competent authority.
III. The Ministry of Economy and Public Finance, through The Deputy Minister of the Treasury and Public Credit,
will immobilize resources from the Fiscal Current Accounts and suspend authorized signatures of the decentralized entities at the central level of the State, in the following cases:
Before authorities ownership conflict.
By order of competent Judge.
To enable the resources of the Fiscal Current Accounts and authorized firms, the Ministry of Industry, prior analysis, will decide to establish the ownership of authorities.
Article 7. (FOLLOW-UP TO INVESTMENT PROJECTS).
I. In order to energize the execution of the investment projects within the deadlines established and according to the
authorized financial limits, the Ministries of State and the Vice-Ministry of Public Investment and Financing External, under the Ministry of Development Planning, as appropriate to its powers and responsibilities, are responsible for the monitoring and evaluation of the physical and financial execution of the programs and projects, as well as the compliance with the targets for the execution of the scheduled investment, run by its entity and of the public entities that are under its own.
II. The information indicated in the preceding paragraph, must be forwarded to the Ministry of Economy and Finance
Public, in a quarterly form until the 20th of the month next, for the purpose of evaluating resource reallocation, when applicable.
Article 8. (DISPOSAL OF REMAINING TRUST ASSETS).
Central Bolivia is authorized to dispose of the remaining assets of the Solution Procedures Trusts of the Former Mutual La Frontera, Ex Mutual Manutata, Ex Mutual Tarija, Former People's Mutual, and Ex-Cooperativa Trapetrol Ltda., which are transferred pursuant to Article 5 of Law No 742 of September 30, 2015, in the terms, values, form and conditions determined by their Directory, by express resolution.
Article 9. (INTERNAL CREDIT IN FAVOUR OF THE NATIONAL ELECTRICITY COMPANY?
.
I. The Central Bank of Bolivia is authorized to grant an extraordinary credit of up to Bs12.270.161.994.-(Twelve Thousand
Two hundred and seventy-one hundred and sixty-one thousand nine hundred and ninety-four 00/100 Bolivianos), in favor of the Company National Electricity, under concessional conditions, in order to finance investment projects for generation and transmission in the electricity sector oriented to increase the capacity of energy export, or projects of internal generation of the country or as a counterpart of other generation projects will be executed by its subsidiaries or subsidiaries through capital contributions or by parent company, or by parent company associated with its subsidiaries and subsidiaries. For this purpose, the Central Bank of Bolivia is exempted from the application of Articles 22 and 23 of Law No 1670 of 31 October 1995.
II. In the framework of Paragraph I of this Article and in accordance with Article 158, Paragraph I
numeral 10, and Article 322 of the Constitution of the State, the National Enterprise of Electricity, contract the credit referred to with the Central Bank of Bolivia.
III. The Ministry of Economy and Public Finance is authorized, through the General Treasury of the Nation, to issue and grant
Treasury Bonds Negotiable in favor of the Central Bank of Bolivia, in order to guarantee the amount of the credit granted by that entity in favour of the National Electricity Company, at the written request of the Ministry
sector head and jointly with the Central Bank of Bolivia.
IV. The Ministry of Hydrocarbons and Energy, is responsible for the evaluation and monitoring of the execution of the resources
of the credit to be granted by the Central Bank of Bolivia in favor of the National Electricity Company.
V. The National Electricity Company is responsible for the use and destination of the resources to be disbursed by the Bank
Central Bolivia, in the framework of Paragraph I of this Article.
VI. The Ministry of Hydrocarbons and Energy, through Ministerial Resolution, must justify to the Central Bank of
Bolivia, that the use and destination of the resources of the credit to be acquired by the National Electricity Company, are of national priority in the framework of the Economic and Social Development Plan, and that future flows will be used for the payment of the credit referred to in this Article.
Article 10. (REPLACEMENT OF GUARANTEES).
I. The guarantees granted by the General Treasury of the Nation to support the credits granted by the Central Bank of
Bolivia in favor of the National Strategic Public Enterprises, will be replaced gradually when the projects funded from these credits are operational.
II. The Central Bank of Bolivia will have to replace the non-negotiable Treasury Bonds issued as collateral by the Ministry of Economy and Public Finance, through the General Treasury of the Nation, for the authorization of automatic of any of the accounts held by the Strategic National Public Enterprises or acquired, under conditions to be determined by the Ministry.
Article 11. (REFUND OF TAX CREDIT NOTES FOR ROYALTIES AND SHARES).
I. The Ministry of Hydrocarbons and Energy must make the reconciliation of credits resulting from payments by
concept of the National Complementary Royalty, Departmental Regalia, National Compensatory Royalty and Participations, generated in the application of the current regulations up to before the effective date of the Operation Contracts.
II. In the event of any resulting credits in favor of the holders for the payment of National Supplemental Regalia and
Participations, the Ministry of Economy and Public Finance is authorized, through the Treasury General of the Nation, to issue Tax Credit Notes according to your financial availability, after certification of the balances of credits from the reconciliation, which must be prepared by the Ministry of Hydrocarbons and Energy.
III. The credits that will be in favor of the holders for the payment of the Departmental Regalia and National Regalia
Compensatory, will be assumed by the corresponding Autonomous Regional Governments, prior to
certification of loan balances by the Ministry of Hydrocarbons and Energy.
IV. This Article will be regulated by an express Supreme Decree, proposed by the Ministry of
and Energy, in coordination with the Ministry of Economy and Public Finance.
Article 12. (PUBLIC BORROWING BY ISSUING SECURITIES IN
EXTERNAL CAPITAL MARKETS).
I. The Ministry of Economy and Public Finance is authorized, within the framework of the provisions set forth in the numbers 8 and 10 of the
Paragraph 1 of Article 158, and Article 322 of the Constitution of the State, representing the State Plurinational of Bolivia, to hold public debt operations in the foreign capital markets in the amount of up to USD1,000,000,000.-(One Billion 00/100 American Dollars) or its equivalent in other currencies, for budget support.
II. The Ministry of Economy and Public Finance is authorized, the direct procurement at national and/or
international, legal and financial advisory services, and other specialized services linked to the operation of public debt in external capital markets, as noted in Paragraph I of this Article, according to international practices.
III. For the special characteristics of the financial operation, the contracting referred to in the preceding paragraph
, shall be made by means of direct invitation, which will allow the award of the services or services
IV. The interest in favour of creditors of public debt by issuing securities in foreign capital markets, in accordance with this Article, is exempt from the Tax on the Utilities of Companies-IUE.
V. Payments for the provision of legal and financial advisory services, and other specialized services, linked to the
operation of public debt in the external capital markets, pursuant to this Article, are exempt from the Tax on the Utilities of Enterprises-IUE.
Article 13. (CAPITAL CONTRIBUTION TO THE UNION S.A. BANK).
The Ministry of Economy and
Public Finance, through the General Treasury of the Nation, is authorized to make a capital contribution to the Banco Union S.A. of up to Bs139,200,000. Nine Million, 200, 00/100 Bolivians), according to financial availability, for the strengthening of assets and expansion of operations.
Article 14. (ALLOCATION OF RESOURCES FOR THE PROJECT AND BUILDING OF THE BUILDING
OF THE PLURINATIONAL LEGISLATIVE ASSEMBLY).
I. The Executive Body is authorized, through the Ministry of Economy and Public Finance, to transfer resources from the Treasury
General of the Nation to the Plurinational Legislative Assembly in the management of 2016, corresponding to the amount of the
non-executed or committed institutional budgetary balances of heading 41100?Buildings?, accumulated at the end of the 2015 administration, registered with the Vice-Presidency of the State and in the Plurinational Legislative Assembly, destined for the construction of the?New Building of the Plurinational Legislative Assembly?
II. The Ministry of Economy and Public Finance, through the General Treasury of the Nation, is authorized to allocate the
resourcesthe completion of the project and the construction of the new Assembly Building. Plurinational Legislative, in addition to the savings generated during past efforts.
III.
Ministry of Economy and Public Finance, the Ministry of Development Planning and the Chamber
Within the framework of its powers, Members shall make budgetary changes required, which includes Personal Services and Consultations, in order to execute the referenced investment project.ADDITIONAL PROVISIONS
FIRST. Article 67 of Law No 164 of 8 August 2011 is amended?General Law of
Telecommunications, Information and Communication Technologies, with the following text:
?I. The implementation of the National Social Inclusion Telecommunications Program? PROONTIS, will be in charge of
the Project Execution Unit of the PRONTIS, which of the total of the collections of the management, will deduct up to 0.5%, for its operation. Of the remaining amount, the Ministry of Public Works, Services and Housing is authorized to enter into contracts of up to 80% with the National Telecommunications Company-ENTEL S.A. for the execution of communications installation projects. fibre optics, radio bases and internet service provision for Educational Units; if the company is unable to implement the telecommunications projects identified, the Ministry may tender the projects among the service operators
The remaining 20% will be transferred to the Ministry of Communication, for social inclusion projects, of which
will allocate up to 75% for Bolivia TV and Red Patria Nueva; and up to 25% to TV Cultures.
II. The entities benefiting from the resources of the National Telecommunications Program of
Social Inclusion-PRONTIS, under the Ministry of Public Works, Services and Housing, allocate up to 20% of the resources that they receive, for maintenance and operations expenses. Also, the costs of the internet service provided in the Educational Units with resources of the PRONTIS, will be covered by the same Program for one year from the beginning of the service provision.?
SECOND. Is included in the scope of paragraph (c) of Paragraph IV of Article 14 and Paragraph X of the
Article 16, of Law No. 614 of 13 December 2014, of the General Budget of the State? Management 2015, to the Plurinational Diplomatic Academy, under the Ministry of Foreign Affairs.
TRANSITIONAL PROVISION
. The resources transferred by the National Telecommunications Program for Social Inclusion? PRONTIS
not executed, nor committed by the Ministry of Communications and the National Telecommunications Company-ENTEL S.A., corresponding to the procedures prior to the validity of this Law, as well as the resources not transferred to these entities at 31 December 2015, must be reallocated to the National Telecommunications Program for Social Inclusion? PRONTIS, for the financing of optical fiber communications installation projects, radio bases and internet service provision for Educational Units.
FINAL PROVISIONS
FIRST. The provisions contained in this Law, are adapted automatically, as soon as they are
applicable, to the new organizational structure and definition of public sector entities, emerging from the Constitution of the State and other legal provisions.
SECOND. They remain in force for their application:
Article 10 of Law No. 3302 of 16 December 2005.
Articles 7, 13, 14, 15, 16, 17, 22, 23, 24, 28, 33, 42, 43, 46, 47, 50, 53, 56 and 62 of the General Budget Act 2010.
Articles 6, 11 and 13 of Law No 050 of 9 October 2010.
Articles 5, 8, 9, 10, 11, 18, 22, 25, 26, 27, 33 and 40 of Law No 062 of 28 November 2010.
Additional provisions First and Sixth of Law No 111 of 7 May 2011.
Article 13 of Law No. 169 of 9 September 2011.
Articles 4, 5, 7, 8, 18, 24, 30 and Transitional Provision First of Law No 211 of 23 December 2011.
Additional provision Second of Law No 233 of 13 April 2012.
Articles 6, 10 and Additional Provisions First, Fourth and Tenth Third of Law No. 291 of 22 September 2012.
Articles 5, 7, 9, 10, 11, 12, 13, 15, 16, 17, 19 and Additional Provisions Second and Third of Law No 317 of 11 December 2012.
Articles 4, 10, 11, 12, 15, 16, 18, 19, 20, 21 and Single Final Provision of Law No. 396 of 26 August 2013.
Articles 6, 7, 9, 11, 12, 17, Additional Provision Ninth and Transitional Provision Second of Law No 455 of 11 December 2013.
Articles 5, 6, 7 and 10 of Law No 550 of 21 July 2014.
Articles 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17 and Additional Provisions Second and Sixth of Law No 614 of 13 December 2014.
Articles 4, 7 and 8 of Law No 742 of 30 September 2015.
THIRD. The Executive Body by Supreme Decree, will regulate this Law.
REPEAL AND ABROGATORY PROVISION
ONLY. All provisions of equal or lower normative hierarchy, contrary to the
present Law.
Remitase to the Executive Body for constitutional purposes.
is hereby repealed and abrogated.
It is given in the Session Room of the Plurinational Legislative Assembly, at the fifteenth day of December
of the year two thousand fifteen.
Fdo. Jose Alberto Gonzales Samaniego, Lilly Gabriela Montano Viana , Ruben Medinaceli Ortiz, Maria Argene
Simoni Cuellar, Nelly Lenz Roso, Erik Moron Osinaga.
Therefore, I enact it so that it has and complies with the law. of the Plurinational State of Bolivia.
Palace of Government of the city of La Paz, at the seventeenth day of December of the year two thousand fifteen.
FDO. EVO MORALES AYMA, Juan Ramón Quintana Taborga, René Gonzalo Orellana Halkyer, Luis Alberto
Arce Catacora, Luis Alberto Sánchez Fernández, Milton Claros Hinojosa, Marianela Paco Duran.
