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.

Read the untranslated law here: http://www.gacetaoficialdebolivia.gob.bo/index.php/normas/verGratis_gob2/153298

Law No. 730 law of 2 September 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: article 1. (OBJECT). This law aims to make modifications and additions to the law N ° 492 25 January 2014, agreements and conventions Intergubernativos.
Article 2. (MODIFICATIONS). Amending article 3 of the law N ° 492 25 January 2014, agreements and conventions Intergubernativos, with the following text:? Article 3. (OR INTERGUBERNATIVOS AGREEMENTS).
I. or intergubernativos agreements are those between autonomous governments and these with the central State level, aimed at the coordinated exercise of their powers and the joint implementation of plans, programs and projects competing in the framework of competences, exclusive, concurrent and shared.
II. be able to sign agreements or intergubernativos arrangements in custodial responsibilities for the transfer of resources for infrastructure, equipment and furniture intended for the implementation of plans, programmes or projects. ?
Article 3. (ADDITIONS).
(Would (i. is incorporates the subsection e) in the numeral 1 of the article 9 of the law N ° 492 of 25 of January of 2014, of agreements and conventions Intergubernativos, with the following text:? e) entity funding and responsible of the procurement of works, goods and services. When company is also in charge of the procurement of works, goods and services, and other authorities as co-funding agencies and/or co-executing institutions participate, the budgetary and accounting record shall be carried out under the following: when the public entity of the central level of State funding and is responsible for the procurement of works, goods and services, the budgetary and accounting record will be held in the entity receiving or beneficiary;
When the public entity cofinanciadora and/or coejecutora of programs, projects and activities are receiving or beneficiary, the record budget and accounting will be done in the entity receiving or beneficiary;
When the public entity cofinanciadora and coejecutora, is different from the entity receiving or beneficiary, the budgetary and accounting record of his contribution shall be performed in its own entity or the entity receiving or beneficiary.?
II. It incorporates Article 12 in law N ° 492 25 January 2014, agreements and conventions Intergubernativos, with the following text:? Article 12. (OR INTERINSTITUTIONAL AGREEMENTS OF CENTRAL STATE LEVEL). Agreements or inter-institutional 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 programmes, projects and activities, in accordance with paragraph 11 of section II of the article 298 of the political Constitution of the State, should minimally contain requirements and bodies responsible for coordination : Marco competence. When the central level has the attribution or responsibility of finance and/or run the program, project and activity;
Funding entity. Is the entity that based on an agreement or Convention interinstitutional, can finance and/or contract works, goods or services destined to a program, project and activity;
Executing institution. It is responsible for the execution of programme, project and activity, its budgetary registration and the accounting register of economic resources; and must approve the programmes, projects and activities that will benefit the sector, as well as manage to final beneficiaries, the definitive transfer of work or free of charge;
Final beneficiary. It is the public entity recipient of work either, emerging from an interinstitutional agreement;
Social organizations. Are those organizations with legal personality that have the responsibility for managing the corresponding instance, permission to run the program, project and activity, sustainability and registry and inclusion of the emergent property of programme, project and activity in equity corresponding.?

SOLE TRANSITIONAL PROVISION. The public institutions, during the period of thirty (30) days from the publication of this law, must adapt their systems and procedures of registration and enrollment, budget and accounting.

FINAL PROVISIONS FIRST. The autonomous territorial entities can sign agreements or Intergubernativos agreements with the Ministry of the Presidency or the public institutions under its dependence, to carry out the supervision, control and/or co-financing of programmes, projects and activities that were funded or executed by the central level of the State, in the context of the paragraph 11 of section II of the article 298 of the political Constitution of the State.
THE SECOND. Autonomous territorial entities and ministries that have signed an Intergubernativo or inter-agency agreement with the Ministry of the Presidency or the public institutions under its dependence, may exceptionally perform the steps that correspond to expropriate immovable property, within the framework of paragraph 11 of section II of the article 298 of the political Constitution of the State.
THIRD.
I in the case of interinstitutional agreements, is authorized to the Ministry of the Presidency or the public institutions under its dependence, making the procurement of works, goods and services for the execution of programs, projects and activities reported in the budgets of other entities of the central State level, prior transfer of resources to a tax account.
II. in the case of conventions and intergubernativos agreements, the Ministry of the Presidency or the public institutions under its dependence, may be the procurement of works, goods and services for the execution of programs, projects and activities reported in the budgets of the autonomous territorial entities.
-FOURTH. In the context of the program? Does Bolivia change?, the central State level institutions and autonomous territorial entities, may execute, monitor and co-finance works public infrastructure of interest from the central level of the State, in premises that are not owned, provided that they are goods of public or intended for the provision of a public service.
QUINTA. The Minister of the Presidency may delegate to public institutions under its dependence, the subscription of agreements or intergubernativos and inter-institutional agreements, for funding and/or implementation of programmes, projects and activities.
6TH.
I establishing a system of registration of Intergubernativos agreements signed by the ministries of State of the central level or public institutions under its dependence, with autonomous territorial entities, in charge of the Ministry of autonomies.
II. in the cases that the ministries of State of the level central or public institutions under its dependence, have signed inter-agency agreements with the autonomous territorial entities with the purpose of financing, co-financing, co-manage and/or make the procurement of goods, works and services for programs, projects, and concurrent activities, these should be recorded as intergubernativos conventions in the system referred to in the preceding paragraph.
Refer to the Executive Body for constitutional purposes.
Two thousand and fifteen is given in room sessions of the Assembly Legislative multinational, to the first day of the month of September in the year.
FDO. José Alberto Gonzales Samaniego, Lilly Gabriela MONTAÑO Viana, Ruben Medinaceli Ortiz, Victor Hugo Zamora Castedo, Nelly Lenz Roso, A. Claudia ten Torrez.
I therefore enacted it is and meets as a law of the plurinational State of Bolivia.
Government Palace of the city of La Paz, to the two days of the month of September in the year two thousand and fifteen.
FDO. EVO MORALES AYMA, Juan Ramón Quintana Taborga, Luis Alberto Arce Catacora, Hugo Jose Siles Nuñez del Prado.