Made Modifications And Additions To The Law N ° 492 25 January 2014, Agreements And Conventions Intergubernativos.

Original Language Title: Efectúa modificaciones e incorporaciones a la Ley N° 492 de 25 de enero de 2014, de Acuerdos y Convenios Intergubernativos.

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SEPTEMBER 2, 2015 LAW

EVO MORALES AYMA

CONSTITUTIONAL PRESIDENT OF THE PLURINATIONAL STATE OF BOLIVIA

For the Plurinational Legislative Assembly, has sanctioned the following Act:

THE PLURINATIONAL LEGISLATIVE ASSEMBLY,

DECRETA:

Article 1. (OBJECT). This Law is intended to make modifications and additions to Law No.

492 of 25 January 2014, of Agreements and Intergovernmental Conventions.

Article 2. (AMENDMENTS). Article 3 of Law No 492 of 25 January 2014, of

Intergovernmental Agreements and Agreements, with the following text:

?Article 3. (INTER-GOVERNMENTAL AGREEMENTS OR AGREEMENTS).

I. The intergovernmental agreements or agreements are those subscribed between autonomous governments and these with the central level of the State, intended for the coordinated exercise of their competencies and the joint implementation of concurrent plans, programs, or projects within the framework of the competencies, exclusive, concurrent, and shared.

II. Intergovernmental agreements or agreements may be signed in private competencies for the transfer of resources in infrastructure, equipment and furniture for the implementation of plans, programs or projects. ?

Article 3. (ADDITIONS).

I. Paragraph 1 of Article 9 of Law No 492 of 25 January 2014, of Agreements and

Intergovernmental Conventions, with the following text:

? e) Financial and responsible entity is incorporated in Article 9 (e). the hiring of works, goods and services. When the entity

financing is also responsible for the procurement of works, goods and services, and other public entities are involved as co-financing and/or Implementing rules, the budgetary and accounting records shall be carried out in accordance with next:

When the public entity at the central level of the State is financing and responsible for the procurement of works, goods and services, the budget and accounting records shall be carried out at the receiving or receiving entity;

When the co-financing and/or co-executing public entity of programs, projects and activities is recipient or beneficiary, the budget and accounting records shall be performed at the receiving or receiving entity;

When the co-financing and implementing public entity is different from the institution the recipient or recipient, the budgetary and accounting records of its contribution shall be made by its own entity or by the receiving or receiving entity.?

II. Article 12 is incorporated in Law No. 492 of 25 January 2014, of Intergovernmental Agreements and Agreements, with the

following text:

?Article 12. (INTERINSTITUTIONAL AGREEMENTS OR AGREEMENTS OF THE CENTRAL LEVEL OF THE STATE). The interinstitutional agreements or agreements signed by the Ministry of the Presidency or the public institutions under its dependence, with public entities of the central level of the State and recognized social organizations, for the implementation of programs, projects and activities, as set out in paragraph 11 of Paragraph II of Article 298 of the Constitution of the State, shall contain minimally the following requirements and instances responsible for coordination:

Competence Framework. When the central level has the attribution or responsibility of financing and/or executing the program, project, and activity;

Entity. Is the entity that on the basis of an interinstitutional agreement or agreement, may finance and/or hire works, goods and/or services for a program, project and activity;

Executing Entity. It is the entity responsible for the execution of the programme, project and activity, of its registration the budget and the accounting record of the economic resources; the implementation of the programmes, projects and activities which will benefit the sector, as well as the management of the final beneficiaries, should be given the final transfer of the works or, free of charge;

Final Beneficiary. It is the public entity that would benefit from the work or, emerging from an inter-agency agreement;

Social Organizations. These are those organizations with legal personality that have the responsibility to manage before the corresponding instance, authorization to execute the program, project and activity, their sustainability and the registration and registration of the emerging program, project and activity in the relevant heritage.?

TRANSIENT DISPOSITION

ONLY. Public institutions, in the period of thirty (30) business days from the publication of this

Act, shall adapt their systems and necessary procedures for recording and recording and accounting.

FINAL PROVISIONS

FIRST. Autonomous territorial entities may subscribe to Intergovernmental Agreements or Agreements with

the Ministry of the Presidency or the public institutions under its (a) to carry out the supervision, supervision and/or co-financing of programmes, projects and activities which are co-financed and/or implemented by the central level of the State, within the framework of Article 298 (II) (11) of The Political Constitution of the State.

SECOND. The autonomous territorial entities and the Ministries that have signed a Convention

Intergovernmental or Inter-Agency with the Ministry of the Presidency or the institutions Under their dependency, they will be able to make exceptionally The measures that correspond to expropriate real estate, within the framework of Article 298, paragraph 11 of Article 298 of the Constitution of the State.

THIRD.

I. In the case of interinstitutional agreements, the Ministry of the Presidency or the public institutions is authorized under its

dependency, the contracting of works, goods and services for the execution of programs, projects and activities recorded in the budgets of other entities at the central level of the State, after transfer of resources to a Fiscal Account.

II. In case of intergovernmental agreements and agreements, the Ministry of the Presidency or public institutions under your

dependency, they will be able perform the procurement of works, goods and services for the execution of programs, projects and activities recorded in the budgets of the autonomous territorial entities.

FOURTH. Under the program?Bolivia Changes?, the central level entities of the State and the entities

autonomous territorial, will be able to execute, supervise and co-finance public works of infrastructure of interest of the level

central to the State, in non-proprietary premises, provided that they are public domain goods or intended for the provision of a public service.

QUINTA. The Minister of the Presidency will be able to delegate to public institutions under its dependency, the

subscription of agreements or intergovernmental and inter-institutional agreements, for the financing and/or execution of programs, projects and activities.

SIXTH.

I. A System of Registry of Intergovernmental Conventions is established by the Ministries of State of the level

central or public institutions under its dependence, with the autonomous territorial entities, in charge of the Ministry of Autonomies.

II. In cases that the Ministries of State of the central level or the public institutions under its dependency, have

undersigned interinstitutional agreements with the autonomous territorial entities with the purpose of financing, co-finance, co-execute and/or perform the procurement of goods, works and services for concurrent programs, projects and activities, these must be registered as intergovernmental agreements in the System indicated in the preceding paragraph.

Remit to the Executive Body for constitutional purposes.

It is given In the Chamber of Sessions of the Plurinational Legislative Assembly, the first day of the month of September of the

year two thousand fifteen.

Fdo. Jose Alberto Gonzales Samaniego, Lilly Gabriela Montano Viana , Ruben Medinaceli Ortiz, Victor Hugo

Zamora Castedo, Nelly Lenz Roso, A. Claudia Torrez Diez.

Therefore, I enact it to have and comply with the law of the Plurinational State of Bolivia.

Palace of Government of the city of La Paz, two days of the month of September of the year two thousand fifteen.

FDO. EVO MORALES AYMA, Juan Ramón Quintana Taborga, Luis Alberto Arce Catacora, Hugo José Arísas

Núñez del Prado.