Read the untranslated law here: http://www.gacetaoficialdebolivia.gob.bo/index.php/normas/verGratis_gob2/153479
Law No. 769 law of December 17, 2015 EVO MORALES AYMA President constitutional of the PLURINATIONAL State of BOLIVIA, by how much, the plurinational Legislative Assembly, has sanctioned the following law: the Assembly Legislative PLURINATIONAL, DECREES: law of the GENERAL budget of the State management 2016 chapter first provisions general article 1. (OBJECT). This law aims to approve the General State budget - PGE from the public sector for the 2016 Fiscal management, and other specific provisions for the administration of public finances.
Article 2. (AGGREGATED AND CONSOLIDATED BUDGET). Approves the General State budget - PGE, for its entry into force during the Fiscal management from January 1 to December 31, 2016, for a total aggregate Bs282.884.329.128.-(two hundred eighty and two thousand eight hundred eighty and four million three hundred twenty-nine thousand % 28 00/100 Bolivian), and a consolidated Bs217.139.563.218.-(two hundred Seventeen thousand one hundred thirty and nine million five hundred sixty and three thousand two hundred eighteen 00/100 Bolivianos) According to details of resources and expenses recorded in the volumes I and II attached.
Article 3. (SCOPE OF APPLICATION). This Act applies to all public sector institutions that comprise the plurinational State bodies, institutions that have control functions, defence of society and State, departmental, regional, municipal, autonomous governments and native indigenous peasants, public universities, public companies, banking financial institutions and not banking, public institutions of social security and all those natural and legal persons who receive generate or manage public resources.
Article 4. (RESPONSIBILITY). The maximum authority Executive - MAE of each public entity, is responsible for the use, management, destination, fulfilment of objectives, goals, results of public resources and approval, execution and closing of projects, for which purpose compliance with the provisions contained in this law and in legal regulations must be observed.
Chapter two specific provisions article 5. (PROCEDURE OF LEGAL CONTINGENCIES).
I. the pecuniary obligations declared by judicial authority having sentence with quality of res judicata, must be reported by the public entities concerned or by the competent authority at the Ministry of economy and public finances, so perform forecasting and budget registration of expenditure heading? Legal contingencies? that it is established annually, in the case of the General Treasury of the nation's resources.
II. for the execution of expenditure obligations with sentence with quality of res judicata, public entities must have verifiable, quantifiable, and recorded in the financial statements duly audited information. It service national of heritage of the State-SENAPE is exempt from the presentation of States financial, only in cases of those entities dissolved or liquidated.
III. the public institutions that have payment obligations with sentence with quality of res judicata to be covered with resources other than the Treasury General of the nation, must be entered in the game? Legal contingencies? in their institutional budgets and allocate resources according to its cash flow.
IV. the judicial authorities and administrative governing the fulfilment of these obligations, should consider provisions of the previous paragraphs, to define the modalities of implementation.
V. Public entities affected by these obligations, are responsible for the processing of judicial processes and the supporting documentation presented in his application, being the Ministry of economy and finance only those requests operativizador.
Article 6. (SUBMISSION OF INFORMATION AND IMMOBILIZATION OF FISCAL RESOURCES).
I. the monthly budgetary implementation of public entities on resources, expenditures and public investment, should be sent to the ministries of Economics and public finance, and development planning, until the 10th day of the following month.
In case of default in the shipment of the aforementioned information, the Ministry of development planning will request with note to the Ministry of economy and finance, the immobilization of the current fiscal accounts of entities which failed with the presentation of physical and financial execution of public investment in the WEB SISIN.
II. the Ministry of economy and finance, through the Vice-Ministry of Treasury and public credit, freeze the accounts current fiscal resources and will suspend payments to entities of the public sector, in the following cases: for non-compliance in the submission of information required by the Ministry of economy and finance, through any of its organizational units.
At the request of the competent authority.
III. the Ministry of economy and finance, through the Vice-Ministry of Treasury and public credit, freeze the accounts current fiscal resources and suspend authorised signatories of the decentralized entities of the central level of the State, in the following cases: conflict of ownership of authorities.
By order of the competent judge.
Currents accounts resources enabling prosecutors and authorised signatories, the Ministry head of sector, prior analysis, shall take a decision establishing the ownership of authorities.
Article 7. (FOLLOW-UP TO INVESTMENT PROJECTS).
I with the order of stimulate the implementation of investment projects within deadlines laid down and in accordance with the authorized financial limits, State ministries and the Vice-Ministry of public investment and external financing, dependent on the Ministry of development planning, according to their powers and skills, are responsible for the monitoring and evaluation of the physical and financial execution of programmes and projects as well as compliance with implementation of the scheduled investment goals, which run your institution and public entities that are under his tutelage.
II. the information referred to in the preceding paragraph, shall be forwarded to the Ministry of economy and finance, on a quarterly basis until the 20th day of the following month, for the purpose of evaluating the reallocation of resources, where applicable.
Article 8. (AVAILABLE TO ACTIVE REMNANTS OF TRUSTS). Empowers the Central Bank of Bolivia to have active remnants of the trusts of procedures of solution of the former Mutual La Frontera, Ex Mutual Manutata, Ex Mutual Tarija, village of Mutual Ex and Ex cooperative Trapetrol Ltda., which are transferred according to stated in article 5 of the law No. 742 of 30 September 2015 in terms, values, form and conditions determined by the Board of Directors, by resolution expresses.
Article 9. (DOMESTIC CREDIT IN FAVOUR OF THE NATIONAL COMPANY OF ELECTRICITY?)
I is authorized the Central Bank of Bolivia an extraordinary credit of up to Bs12.270.161.994.-(twelve thousand two hundred seventy million one hundred sixty and a thousand nine hundred ninety-four 00/100 Bolivianos), in favour of the public power Corporation, on concessional terms, in order to finance projects for investment in generation and transmission in the electric power sector to increase export of energy capacity , or projects of internal generation of the country or as a counterpart of other generation projects that must be executed by its subsidiaries or subsidiaries through capital contributions or matrix therefore, companies or matrix associated with its affiliates and subsidiaries companies therefore. For this purpose, except to the Central Bank of Bolivia for the application of articles 22 and 23 of the law No. 1670 of 31 October 1995.
II. within the framework of paragraph I of this article and in accordance with provisions of article 158, paragraph I article 10, and the article 322 of the political Constitution of the State, is permitted to the national electricity company, contract referral credit with the Central Bank of Bolivia.
III. authorizing the Ministry of economy and finance, through the General Treasury of the nation, broadcast and give bonds the Treasury not negotiable in the favor of the Central Bank of Bolivia, to secure the amount of the credit granted by that entity for the national electricity company, at the written request of the Ministry head of sector-shaped joint with the Central Bank of Bolivia.
IV. the Ministry of hydrocarbons and energy, is responsible for the evaluation and monitoring of the implementation 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 Central Bank of Bolivia, within the framework of paragraph I of this article.
VI. the Ministry of hydrocarbons and energy, through resolution Ministerial, must justify before the Bank Central of Bolivia, that the use and destination of them resources of the credit to be acquired by the company national of electricity, are of priority national in the framework of the Plan of development economic and Social, and that them flows future will be used for the payment of the credit designated in the present article.
Article 10. (REPLACEMENT OF WARRANTIES).
I. the guarantees granted by the General Treasury of the nation to back loans by the Central Bank of
Bolivia in favor of the national strategic public companies, will be replaced gradually when the projects financed with these credits are in operation.
II. the Central Bank of Bolivia shall be the replacement of bonds the Treasury not negotiable issued as a guarantee by the Ministry of economy and finance, through the General Treasury of the nation, by the authorization for automatic debit of any of the accounts that the national strategic public companies possess or acquire, in the conditions determined by the concerned Ministry.
Article 11. (RETURN OF TAX FOR ROYALTIES AND SHARES CREDIT NOTES).
I. the Ministry of hydrocarbons and energy must be the reconciliation of credits resulting from payments by concept of complementary national Regalia, Regalia departmental, national compensatory royalty and participations, generated in the application of the current regulations until the effective date of operation contracts.
II. If any credits resulting from the owners for payment of complementary national Regalia and shares, authorizing the Ministry of economy and finance, through the General Treasury of the nation, issue tax credit depending on their financial availability notes, prior certification of the balances of loans from conciliation, which must be drawn up by the Ministry of hydrocarbons and energy.
III. appropriations which found in favour of the holders by departmental Regalia and national compensatory royalty, payment shall be borne by the corresponding autonomous departmental governments, prior certification of balances of loans made by the Ministry of hydrocarbons and energy.
Do IV. This article will be regulated by Supreme Decree Express, proposed by the Ministry of hydrocarbons and energy, in coordination with the Ministry of economy and public finances.?
Article 12. (PUBLIC DEBT THROUGH THE ISSUE OF SECURITIES IN CAPITAL MARKETS VALUE EXTERNAL).
I may be the Ministry of economy and finance, in the framework of the provisions of paragraphs 8 to 10 of paragraph I of article 158, and the article 322 of the political Constitution of the State, on behalf of the plurinational State of Bolivia, celebrate operations of debt in the capital markets external for an amount of up to USD1.000.000.000.-(one billion dollars 00/100 dollars Americans) or its equivalent in other currencies , for budget support.
II. authorizing the Ministry of economy and finance, direct recruitment in the national and/or international, scope of services from legal and financial advice, and other specialized services related to the operation of public debt in external capital markets, designated in paragraph I of this article, according to international practices.
III. by the special characteristics of the financial transaction, the contract to which the preceding paragraph refers, will be carried out by direct invitation, which will allow the award of the respective services.
IV. interests in favour of public debt by issue of securities on capital markets value external creditors, according to this article, are exempt from the tax on the profits of companies - sui.
V. Payments for the provision of services of legal and financial advice, and other specialized services related to the operation of public debt in foreign capital markets, in accordance with this article, are exempt from the tax on the profits of companies - sui.
Article 13. (CONTRIBUTION OF CAPITAL TO BANCO UNION SA). It empowers the Ministry of economy and finance, through the General Treasury of the nation, make a contribution of capital to Banco Union SA of up to Bs139.200.000.-(one hundred thirty-nine million two hundred thousand 00/100 Bolivian), according to funding availability, the patrimonial strengthening and expansion of operations.
Article 14. (ALLOCATION OF RESOURCES FOR THE PROJECT AND CONSTRUCTION OF THE PLURINATIONAL LEGISLATIVE ASSEMBLY BUILDING).
I. is granted to the Executive Branch, through the Ministry of economy and finance, transfer of resources from the General Treasury of the nation the plurinational Legislative Assembly management 2016, corresponding to the amount of institutional budget balances not executed or committed 41100 heading? Buildings?, accumulated at the end of the management 2015, registered in the Vice Presidency of the State and the plurinational Legislative Assembly, for the construction of the? New Assembly building legislative plurinational?.
II. authorizing the Ministry of economy and finance, through the General Treasury of the nation, allocate the necessary resources until the conclusion of the project and construction of the new Assembly building legislative multinational, in addition to the savings generated during past negotiations.
III. is authorised the Ministry of economy and finance, the Ministry of development planning and the Chamber of Deputies, in the framework of its powers, make necessary budgetary changes, which includes personal services and consultancies, in order to implement the investment project concerned.
ADDITIONAL PROVISIONS FIRST. Article 67 of the law amending N ° 164 of August 8, 2011? Law-General of telecommunications, information and communications technologies?, with the following text:? I. the implementation of the national programme of Social Inclusion telecommunications? PRONTIS, will be in charge of the project execution unit of the PRONTIS, which the total of proceeds from management, be deducted up to 0.5%, for its operation. Of the remaining amount, authorizing the Ministry of public works, services and housing, sign contracts of up to 80% with the national company of telecommunications - ENTEL S.A. for the execution of projects of installation of fiber optic communications, radio bases and provision of internet service for educational units; If the company could not run designated telecommunications projects, the Ministry may tender the projects among the operators of services established in the country.
The remaining 20% will be transferred to the Ministry of communication, for projects of social inclusion, which will go to 75% for Bolivia TV and new country network; and up to 25% to TV cultures.
II. is permitted to beneficiary entities of the resources of the national programme of telecommunications for Social Inclusion - PRONTIS, under the Ministry of public works, services and housing, allocate up to 20% of the resources received for maintenance and operations costs. Do likewise, the costs of internet service provided in the educational units with resources from the PRONTIS, will be covered by the same program for one year from the commencement of the provision of the service.?
THE SECOND. (Se incluye en el alcance deel inciso c) of the fourth paragraph of article 14 and paragraph X of article 16 of law No. 614 of 13 December 2014, the General budget of the State? Management by 2015 to the Diplomatic Academy plurinational, dependent of the Ministry of Foreign Affairs.
SOLE TRANSITIONAL PROVISION. The resources transferred by the national program of telecommunications for Social Inclusion? Not implemented, or committed by the Ministry of communications and the national telecommunications company - ENTEL S.A., corresponding to steps prior to the entry into force of this law, as well as resources not transferred to December 31, 2015, to such entities, must PRONTIS be reassigned to the national programme of Social Inclusion telecommunications? PRONTIS, for the financing of projects of installation of fiber optic communications, radio bases and provision of internet service for educational units.
FINAL PROVISIONS FIRST. The provisions contained in this Act, be suited automatically, insofar as they are provisions applicable to the new organizational structure and definition of organizations from the public, emerging sector of the political Constitution of the State and other.
THE SECOND. Are current for your application: article 10 of the law No. 3302 of 16 of December of 2005.
Articles 7, 13, 14, 15, 16, 17, 22, 23, 24, 28, 33, 42, 43, 46, 47, 50, 53, 56 and 62 of the law of the General budget for the 2010 State.
Articles 6, 11 and 13 of law N ° 050 for October 9, 2010.
Articles 5, 8, 9, 10, 11, 18, 22, 25, 26, 27, 33 and 40 of the law N ° 062 November 28, 2010.
Provisions additional first and sixth of the law N ° 111 of May 7, 2011.
Article 13 of the law N ° 169 of 9 September 2011.
Articles 4, 5, 7, 8, 18, 24, 30 and the first transitional provision of law No. 211 of December 23, 2011.
Provision additional second of law No. 233 of 13 April 2012.
Articles 6, 10 and additional provisions first, fourth and third tenth of the law N ° 291 of 22 September 2012.
Articles 5, 7, 9, 10, 11, 12, 13, 15, 16, 17, 19 and second additional provisions and third of the Act No. 317 of 11 December 2012.
Articles 4, 10, 11, 12, 15, 16, 18, 19, 20, 21 and available end only of the law N ° 396 August 26, 2013.
Articles 6, 7, 9, 11, 12, 17, ninth additional provision and second transitional provision of law No. 455 of December 11, 2013.
Articles 5, 6, 7 and 10 of the law No. 550 of July 21, 2014.
Articles 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17 and second additional provisions and sixth of the law No. 614 of 13 December 2014.
Articles 4, 7 and 8 of the Act No. 742 of 30 September 2015.
THIRD. The Executive Branch by Supreme Decree, shall regulate this law.
SOLE REPEAL AND ABROGATION PROVISION. They shall be repealed and abrogate all provisions of equal or lower normative hierarchy, contrary to the present law.
Refer to the Executive Body for constitutional purposes.
Two thousand and fifteen is given in the room of sessions the Assembly Legislative plurinational, on the fifteenth day of the month of December of the year.
FDO. José Alberto Gonzales Samaniego, Lilly Gabriela MONTAÑO Viana, Ruben Medinaceli Ortiz, Maria Argene Simoni Cuellar, Nelly Lenz Roso, Erik Moron Osinaga.
I therefore enacted it is and meets as a law of the plurinational State of Bolivia.
Palace of Government of the city of La Paz, the seventeenth day of December in the year two thousand and fifteen.
FDO. EVO MORALES AYMA, Juan Ramón Quintana Taborga, Rene Gonzalo Orellana Halkyer, Luis Alberto Arce Catacora, Luis Alberto Sánchez Fernández, Milton clear Hinojosa, Marianela Paco Durán.
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