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law no 492
LAW OF 25 JANUARY 2014
EVO MORALES AYMA
CONSTITUTIONAL PRESIDENT OF THE PLURINATIONAL STATE OF BOLIVIA
For the Plurinational Legislative Assembly, it has The following Act:
THE PLURINATIONAL LEGISLATIVE ASSEMBLY,
D E C R E T A:
LAW OF INTERGOVERNMENTAL AGREEMENTS AND AGREEMENTS
ARTICLE 1. (OBJECT). This Law is intended to regulate the procedure for the subscription of
intergovernmental agreements or agreements between autonomous governments or between them with the central level of the State, in the exercise of their powers and attributions.
ARTICLE 2. (APPLICATION SCOPE). This Law has the scope of the central level
of the State and the autonomous territorial entities.
ARTICLE 3. (INTER-GOVERNMENTAL AGREEMENTS OR AGREEMENTS).
intergovernmental agreements or agreements
those signed between autonomous governments and those with the central level of the State, intended for the coordinated exercise of their competencies and the joint implementation of plans, programmes or concurrent projects within the framework of exclusive, concurrent and shared competencies.ARTICLE 4. (LAW OF LAW). Intergovernmental agreements or agreements will be binding and
mandatory compliance for the parties, once the formalities laid down in this Law have been completed.
ARTICLE 5. (VALIDITY).
I. Intergovernmental agreements or agreements signed between autonomous governments, will take effect once
ratified by their deliberative bodies.
II. The central level of the State may enter into intergovernmental agreements or agreements with the autonomous governments, the
which shall enter into force once subscribed by the competent authorities of the Executive Body of the
III.
III. The agreements or intergovernmental agreements signed by autonomous governments for the implementation of plans, programs or
projects, whose total funding equal to or less than Bs1,000,000.-(One Million 00/100 Bolivians) do not require the ratification of their deliberative bodies.
IV. The agreements or intergovernmental agreements signed within the framework of their concurrent competencies whose
responsibilities are distributed by law national, do not require ratification.
ARTICLE 6. (CAUSES TO SUBSCRIBE AGREEMENTS OR CONVENTIONS
INTERGUBBERNATIVES). The central level of the State and the autonomous governments, will be able to subscribe to intergovernmental agreements or agreements, to:
Run concurrent plans, programs or projects.
Transfer resources or assets for the financial year
Delegate competencies.
Reconciliation of competitive conflicts.
Other established by National Law.
ARTICLE 7. (COMPETENT AUTHORITIES).
I. The intergovernmental agreements or agreements in the Executive Branch of the central level of the State will be signed by:
Ministries or Ministers of State, in case of deconcentrated ministries and institutions; and,
Maximum Executive Authorities, in case of decentralized, autarquic institutions or public companies, who must submit a copy of the agreement or agreement to the Ministry of Industry head.
II. Inter-governmental agreements or agreements shall be signed, as appropriate, by the Governor or Governor,
Mayor or Municipal Mayor, Executive or Regional Executive or Maxima Authority of the Indigenous Indigenous Autonomous Government Peasant.
ARTICLE 8. (EXECUTION OF CONCURRENT PLANS, PROGRAMS, OR PROJECTS).
I. They are concurrent plans, programs or projects, those in which the central level of the State and the
self-governing governments or these, have reciprocal obligations in the execution, financing or development of specific activities.
II. The execution of concurrent plans, programs or projects, does not imply the transfer or delegation of the competencies,
responsibilities or privileges of the incumbent government.
III. Inter-governmental agreements or agreements for the implementation of plans, programmes or concurrent projects,
will allow a government to hold a competition, responsibility or attribution, authorize another government to participate in the execution of plans, programs or projects.
IV. The central level of the State and autonomous governments, in the framework of agreements or intergovernmental conventions, can
establish one or more executing entities by phases or components.
ARTICLE 9. (CONTENTS OF AGREEMENTS OR CONVENTIONS FOR THE IMPLEMENTATION OF CONCURRENT PLANS, PROGRAMMES OR PROJECTS). Intergovernmental agreements or agreements that are intended to execute concurrent plans, programs, or projects, when appropriate, should minimally contain the following:
The instances responsible for the coordination:
Entitlement to the Competition. It is the level of governance that has competence, attribution, or responsibility from which the concurrent plan, program, or project is derived; it is in charge of managing the operation and maintenance phase.
Receiving Entity. It is the entity that receives the benefit of the plan, program, or concurrent project of the competing entity.
Executing Entity. Entity that on the basis of an agreement or agreement has the responsibility to execute and/or administer resources for a concurrent plan, program, or project. The executing entity shall be in charge of the budget and/or accounting records of the economic resources.
Financing Entity. Entity that regardless of the jurisdiction's ownership, allocates economic resources to the execution of a concurrent plan, program, or project.
Cost, Term, and Financing Structure. total cost, execution time, as well as the amounts of financial resources assigned to the plan, program or concurrent project by the entities; and the co-financing autonomous governments must carry out the budgetary registration of the transfers.
Debit. The conditions and time limits for the automatic debit course must be established in order to ensure compliance with the obligations incurred.
ARTICLE 10. (DISPUTE RESOLUTION). The State Autonomy Service at the request of an
of the parties, may intervene as a third party, when there are controversies in which the automatic debit does not correspond.
ARTICLE 11. (INTERINSTITUTIONAL AGREEMENTS OR CONVENTIONS). Those agreements or
conventions that do not enter the causals set forth in Article 6 of this Law are inter-institutional agreements.
TRANSIENT DISPOSITION
ONLY. The governing bodies of the System of Public Investment and Budgets, within the maximum period of ninety (90)
calendar days from the publication of this Law, will adapt their mechanisms and procedures for the implementation of concurrent plans, programs, or projects.
FINAL DISPOSITION
ONLY. All agreements or agreements entered into prior to the validity of this Law and which
respond to the nature of Article 6, are considered agreements or intergovernmental agreements.
Remit to the Executive Body, for
It is given in the Session Room of the Plurinational Legislative Assembly, at the sixteen days of January of
two thousand fourteen years.
Fdo. Lilly Gabriela Montano Viana, Betty Asunta Tejada Soruco, Andres Agustín Villca Daza, Claudia Jimena
Torres Chavez, Marcelo Elio Chavez, Angel David Cortes Villegas.
Therefore, it is enacted so that it has and complies with the law of the State. Plurinational of Bolivia.
Palace of Government of the city of La Paz, twenty-five days of the month of January of the year two thousand fourteen.
FDO. EVO MORALES AYMA, David Choquehuanca Cespedes, Juan Ramon Quintana Taborga, Luis Alberto Arce Catacora, Claudia Stacy Peña Claros, Amanda Davila Torres.
