Key Benefits:
law No. 396
LAW OF AUGUST 26, 2013
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 MODIFICATIONS TO THE GENERAL BUDGET OF THE STATE
(PGE-2013)
Article 1. (OBJECT). This Law is intended to approve the modification to the General Budget of the
Managing State 2013, for public sector entities, and to establish other specific financial provisions for its implementation.
Article 2. (AMENDED AND CONSOLIDATED BUDGET 2013).
Additional budget of resources and expenses for Public Sector entities is approved for a total aggregate amount of Bs.3.487.974,867.-(Three Thousand Four Hundred And Eighty and Seven Million Nine Hundred and Four Thousand Ochocents Sixty-Seven 00/100 Bolivianos), and consolidated of Bs.2.789.899.499.-(Two Thousand Setters Eighty-Nine Million Ninety-nine and Nine Thousand Four-Hundred-Nineties and Nine 00/100 Bolivians), according to Annex I.
Article 3. (BUDGETARY MODIFICATIONS). The Executive Body is authorized through the
Ministries of Economy and Public Finance, and of Development Planning, to make budgetary modifications of current expenditure and public investment, according to Annexes II and III.
Article 4. (INCORPORATION OF DONATION AND CREDIT RESOURCES). The Executive Body is authorized to
through the Ministries of Economy and Public Finance, and Development Planning, according to its competencies, to be incorporated into the budget. Institutional resources from external and internal donation, as well as external and internal credit, and balances of previous management by the aforementioned concepts, to finance capital expenditures, current expenses, financial applications, and investments, with the referred ministries reporting on the registration of these resources to the Plurinational Legislative Assembly annually.
Article 5. (HIRING CONSULTANCIES). The hiring of individual consulting services of
line and consulting by product, should take into account the following aspects:
I. Regardless of the mode of the procurement and source of financing, the hiring of consultants in public sector entities, shall be carried out through the procedures laid down in the Basic Standards of the System of Administration of Goods and Services (NB-SABS).
II. Public entities will be able to contract exceptionally and on a temporary basis, Individual Consultants of
Line, upon justification, for the development of substantive functions or specific programs.
III. For Individual Line Consultants:
The individual line consultant, will develop their activities with exclusive dedication in the contracting entity, in accordance with the terms of reference and the signed contract.
In the Ministries of State, the maximum amount of the individual line consultant fees must not be greater than the monthly remuneration of a general manager.
The remuneration level of the individual consultant line in public sector entities, it must be defined according to the scale approved in the entity and the functions established for the plant staff, for which no additional legal instrument is required.
The individual line consultant will not be able to provide consulting services individual line or product, or exercise functions as a public server in parallel with other public sector entities or the entity itself where it provides its services.
Payment of passages and viatics for individual line consultants is authorized, provided that such activity is provided for in the said contract and is in accordance with the nature of the functions to be performed.
Public entities should assign refreshment to individual line consultants, not greater than the amount allocated to permanent staff.
Individual line consultants, may receive training technical according to the functions to be performed and the nature of the entity, as duration of the contractual relationship. This training will not include pre and post-graduate academic training.
By the nature of your contractual relationship, the individual line consultant, must not receive any additional benefits to those expressly established in
. For Product Consultations:Product consultancy, will be contracted for non-recurring specialized tasks.
Product consultancy, cannot be contracted by the same entity in more than one at the same time.
The product consultancy of a public entity shall not simultaneously provide individual line consulting services; it shall also not perform functions as a public server in parallel in public entities.
Article 6. (DOUBLE PERCEPTION). The paragraph IX of Article 11 of Law No 211 of 23 December 2011, with the following text:
? IX. Public sector servers, which receive monthly remuneration, will not be able to enjoy daily allowances,
representation expenses or any collateral benefits for their participation or official representation in directories, advice, committees, commissions, funds together or other of the public sector, under any denomination, except as expressly provided for in the preceding paragraphs.
Other than the provisions of this Article, to whom they provide teaching services at the Training Centre (CENCAP) dependent on the Comptroller General of the State, and at the School of Plurinational Public Management (EGPP). ?
Article 7. (BOLIVIA CENTRAL BANK INTERNAL CREDIT IN FAVOR OF THE COMPANY
SUGAR SAN BUENAVENTURA-EASBA).
I. The Central Bank of Bolivia (BCB) is authorized to grant an extraordinary credit of up to Bs.332.747.250.-
(Treshundreds Thirty-Two Million Settles Forty-Seven Thousand Two hundred and fifty 00/100 Bolivians), in favor of the Company Sugar San Buenaventura (EASBA), under concessional conditions, with the aim of financing productive investment and operating expenses in the investment stage, start-up and operation of the company, as well as preparation of soils for producers and agricultural work, and other commitments undertaken by the related company with the object of this credit. For this purpose, the BCB 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 the provisions of the Numeral 10, Paragraph I of
Article 158 and Article 322 of the Constitution of the State, the Sugar Company San Buenaventura is authorized (EASBA), to contract the above mentioned credit with the Central Bank of Bolivia (BCB).
III. The Ministry of Productive Development and Plural Economy, 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 (BCB) in favor of the Sugar Company San Buenaventura (EASBA).
IV. The Sugar Company San Buenaventura (EASBA) is responsible for the use and destination of the resources to be
disbursed by the Central Bank of Bolivia, in the framework of Paragraph I of this Article.
V. The Ministry of Economy and Public Finance, through the General Treasury of the Nation, is authorized to issue and grant
Non-Negotiable Treasury Bonds in favor of the Central Bank of Bolivia (BCB), to guarantee the amount of the credit granted by the said entity in favor of the San Buenaventura Sugar Company (EASBA), at the written request of the Ministry of Industry and jointly with the Central Bank of Bolivia (BCB).
VI. The San Buenaventura Sugar Company (EASBA) is exempted from the effects and scope of the application of the
Articles 33 and 35 of Law No 2042 of 21 December 1999, of Budgetary Administration.
VII. The Ministry of Productive Development and Plural Economy, through Ministerial Resolution, must justify to the
Central Bank of Bolivia (BCB), that the use and destination of the resources of the credit to be acquired by the Sugar Company San Buenaventura (EASBA) is a national priority within the framework of the National Development Plan and that future flows will be used for the payment of the credit mentioned in this Article.
Article 8. (AMENDMENT OF ARTICLE 26 OF LAW NO 317, SYSTEM OF TRANSPORT
FERRO IN THE MONTERO-BULLE SECTION). The paragraphs III and IV are amended, and the paragraphs V and VI are incorporated into Article 26 of Law No 317 of 11 December 2012, as follows:
? III. The Ministry of Economy and Public Finance is authorized through the Treasury General of the Nation,
to issue and grant Non-Negotiable Treasury Bonds in favor of the Central Bank of Bolivia (BCB) to guarantee credit.
IV. The Ministry of Public Works, Services and Housing is responsible for the use and destination of the resources
effectively transferred by the General Treasury of the Nation, as well as execution, monitoring and evaluation of the construction of the Ferreo Transport System in the Montero section? Bule Bulo.?
? V. In the framework of the provisions of paragraph I of this Article, the Central Bank of
Bolivia, shall extend the extraordinary credit referred to in paragraph II of this Article, and the Ministry of Economy and Public Finance, through the General Treasury of the Nation, contracting with the Central Bank of Bolivia an additional credit in national currency, in the amount of up to Bs.696,000,000.-(Seishundreds Noventa and Six Million 00/100 Bolivianos), making a total amount of Bs.1,740,000,000.-(One Thousand Setts Forty Million 00/100 Bolivianos), to finance the construction of the Ferreo Transport System on the Montero-Bulo Bulo stretch.
VI. The extraordinary credit agreement signed in the framework of the Paragrafos I, II and V of the Article, it shall be exempt from the costs of protocolization and other expenses that are required for its formalization. ?
Article 9. (BOLIVIA CENTRAL BANK INTERNAL CREDIT IN FAVOR OF
BOLIVIA MINING CORPORATION-COMIBOL). Article 33 of Law No. 211 of 23 December 2011 is amended, according to the following text:
I. The Central Bank of Bolivia (BCB) is authorized to grant an extraordinary credit of up to Bs.5,332,050,000.-(Five Thousand Three Hundred Thirty-Two Million Fifty Thousand 00/100 Bolivianos), in favor of the Mining Corporation of Bolivia (COMIBOL), under concessional conditions, in order to ensure that its National Management of Evaporitic Resources invests in the research, development and transfer of technologies in laboratories and research centres, piloting, production and Litio carbonate industrialization, Potassium chloride, derived salts and intermediate, and other products of the evaporitic chain, Litio batteries and their components; whether as direct investment or capital contribution through partnerships with companies that provide technology, for the manufacture of cathode materials, anodic, electrolytic, lithium batteries and their components; and others which are in accordance with the purpose of this credit. For this purpose, the Central Bank of Bolivia (BCB) 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 the provisions of the Numeral 10,
Paragraph 1 of Article 158 and Article 322 of the Constitution of the State, the Mining Corporation of Bolivia (COMIBOL), to contract the above mentioned credit with the Central Bank of Bolivia (BCB).
III. The Ministry of Mining and Metallurgy, is responsible for the evaluation and monitoring of the execution of the
credit resources to be granted by the Central Bank of Bolivia (BCB) in favor of the Corporation Mining Company of Bolivia.
IV. The Mining Corporation of Bolivia is responsible for the use and destination of the resources to be disbursed by
the Central Bank of Bolivia (BCB), in the framework of Paragraph I of this Article.
V. The Ministry of Economy and Public Finance is authorized to through the General Treasury of the Nation,
to issue and grant Non-Negotiable Treasury Bonds in favor of the Central Bank of Bolivia (BCB) to guarantee the amount of the credit granted by that entity in favor of the Mining Corporation of Bolivia, at the written request of the Ministry of Industry and jointly with the Central Bank of Bolivia (BCB).
VI. The Mining Corporation of Bolivia is excepted from the effects and scope of the application of Articles 33
and 35 of Law No 2042 of 21 December 1999, of budgetary administration.
VII. The Ministry of Mining and Metallurgy, through Ministerial Resolution, must justify to the Bank
Central Bolivia (BCB), that the use and destination of the credit resources to be acquired by the Mining Corporation of Bolivia are of national priority in the framework of the National Development Plan and that the Future flows shall be used for the payment of the credit referred to in this Article. ?
Article 10. (AMOUNTS COLLECTED BY THE NATIONAL HYDROCARBON AGENCY).
I. The amounts collected by the National Hydrocarbons Agency, by way of fees, duties, fines and other specific resources, will be transferred to the National Treasury's Single Account.
II. The Treasury General of the Nation will transfer to the National Hydrocarbons Agency, the resources that correspond to
the exercise of its functions, in accordance with its financial availability.
Article 11. (FINANCING OF THE CONSTRUCTION OF THE PARLIAMENT ' S HQ
SOUTH AMERICAN OF UNASUR).
I. The Ministry of Economy and Public Finance, through the General Treasury of the Nation, is authorized to assign up to
Bs.453.415,653.-(Four hundred Fifty-Three Million Four-hundred Fifteen Thousand Seishundreds Fifty-Three 00/100 Bolivians), in favor of the Ministry of Public Works, Services and Housing, in order to finance the Project? City UNASUR?, seat of the Parliament of the Union of South American Nations -UNASUR, located in the Municipality of San Benito of the Department of Cochabamba.
II. The Ministry of Public Works, Services and Housing, is responsible for the use and destination of the resources, as well as the
execution, monitoring and evaluation of the project? UNASUR? City.
Article 12. (FINANCING FOR THE CONSTRUCTION OF THE MINISTRY BUILDING OF
ECONOMY AND PUBLIC FINANCES).
I. The Ministry of Economy and Public Finance-MEFP, through the General Treasury of the Nation, is authorized to finance
the project? New Building of the Ministry of Economy and Public Finance, amounting to up to Bs.104,400,000.-(One hundred and Four Million Four Hundred Thousand 00/100 Bolivians).
II. In order to comply with the preceding paragraph, the Ministry of Economy and Public Finance is authorized, and
Ministry
Development Planning, within the framework of its powers, to carry out the transfersIII.
The Ministry of Economy and Public Finance, is responsible for the implementation, monitoring and evaluation of the project? New Building of the Ministry of Economy and Public Finance, as well as the use and destination of the resources allocated in this Article.
Article 13. (EXTRAORDINARY TRANSFER OF RESOURCES FOR THE IMPLEMENTATION OF TELECOMMUNICATIONS PROJECTS). In the framework of comprehensive policies for the development of the telecommunications sector, the Ministry of Public Works, Services and Housing, transfer of the resources of the National Telecommunications Program of Social Inclusion (PRONTIS), 80% in favor of the National Telecommunications Company-ENTEL S.A., and 20% in favor of the State Television Company-BOLIVIA TV, after deduction of up to 0.5% of the total of the revenue from the management, which shall be intended for the operation of the PRONTIS Project Execution Unit.
Article 14. (DISTRIBUTION OF THE RESOURCES OF THE PRONTIS). The beneficiary entities are authorized
of the resources of the National Program of Telecommunications of Social Inclusion (PRONTIS), dependent of the Ministry of Public Works, Services and Housing, to allocate up to 30% of the resources that they receive, for expenses of maintenance, operation and sustainability of the investment made.
Article 15. (TRUST TAX EXEMPTION).
Trust autonomous assets
made up of public resources, are exempt from the payment of the Value Added Tax (VAT), to the Transactions (IT) and the Companies (EUI).
Article 16. (CERTIFICATION OF CAPITAL PARTICIPATION). The Maximum Executive Authority of the
Strategic National Public Enterprises and Productive Public Enterprises, shall issue representative certificates of Capital Participation by the contributions made or made by public entities of the State, destined for the capital or increase of capital of the company, on its own account or on behalf of third parties.
Article 17. (EXTENSION OF THE PROCESS OF CONCILIATION FOR THE MANAGEMENT 2013).
Article 21 of Law No. 317 of 11 December 2012 is amended, according to the following text:
?The Ministry of Economy and Public Finance is authorized, through the Deputy Minister of Treasury and Credit Public, to continue the process of reconciliation initiated in compliance with Article 25 of Law No 211 of 23 December 2011, until 31 December 2013, with those entities that have recognized the debt recorded in the General Treasury of the Nation. For that purpose, the provisions of Article 25 of the Law, Supreme Decree No 1148 of 29 February 2012 and other regulatory rules, as appropriate,be fully applicable.
Article 18. (EXTENSION OF THE USE OF IDH RESOURCES). The Autonomous Territorial Entities, in
the scope of their competencies and their jurisdiction, will be able to use resources from the Direct Tax to Hydrocarbons (HDI) for the construction of sports infrastructure.
Article 19. (TRANSPORT SERVICE). Public entities, may provide vehicle transportation service to their public servants according to financial availability, for which they shall consider the characteristics of the entity, the schedule special work, the distance from the source of work and the accessibility of public transport; same that will be the responsibility of the Maximum Executive Authority of each entity and must be regulated internally.
Article 20. (UNIFORMS AND WORKWEAR). The public entities, will be able to provide to the
public servants of uniforms and workwear according to their financial availability, for which they will have to consider the particularity of the function to develop, the attention to the public, the climatic conditions, in order to identify the public entity, same that will be the responsibility of the Maximum Executive Authority of each entity and must be regulated internally.
Article 21. (FUNDING FOR THE PROJECT? TELEHEALTH FOR BOLIVIA?).
I. Under the Intercultural Community Family Health Policy-SAFCI, the Ministry of Health is authorized and
Sports, implement the first phase of the project? Telehealth for Bolivia?
II.
II. For the purpose of complying with the preceding paragraph, the Ministry of Economy and Public Finance is authorized, to
through the General Treasury of the Nation, to assign up to Bs.139,200,000. Nine Million 200 000 Bolivians), in favor of the Ministry of Health and Sports; for which the Ministries of Economy and Public Finance, and of Planning of Development, within the framework of their competences, will have to carry out the transfers corresponding budget, including consultancies.
III. The Ministry of Health and Sports is responsible for the execution, monitoring and evaluation of the project? Telehealth for Boliva?, as well as the use and destination of the resources allocated in this Article.
ADDITIONAL provisions
FIRST. The number 6 of Article 110 of Law No 2492 of 2 August 2000 is amended. 2003, Tax Code
Bolivian, by the following text:
? 6. Closing of the debtor's premises, premises, offices or warehouses, up to the total payment of the debt
tax. This measure shall be implemented only where the tax liability has not been paid for the implementation of the co-active measures provided for in the preceding numerals or for its implementation, and in accordance with the provisions of the Paragraph IV of Article 164 °.?
?The foreclosed goods, with definitive annotation on the public records, sequestered, accepted in guarantee by means of a garment or mortgage, as well as those received in payment by the Tax Administration, for tax debts, will be arranged in tax execution by auction public or direct award, in the form and conditions to be determined by regulatory standard.?
THIRD. Paragraph I of the Additional Tenth of Law No. 291 of September 22
2012,amended by the following text:
? I. Exchange houses are subject to the scope and regulations of Authority
Supervision of the Financial System (ASFI) and the Central Bank of Bolivia (BCB), as financial services companies ?
FOURTH. Article 30 Paragraph IV and Article 43 of the
Citizen Security
Law No. 264 are modified, with the following text:
? Article 30. (CITIZEN SECURITY AIR SERVICE).
IV. The handling and maintenance of the Citizen Security Air Service aircraft, will be
performed by the Bolivian Air Force, cost that will be covered with the resources allocated for security citizen by the Ministry of Government and the autonomous territorial entities.?
? Article 43. (ACQUISITION OF MOVABLE PROPERTY). The autonomous territorial entities, for the
implementation of the National Plan of Citizen Security, public policies, plans, programs and projects in the field of citizen security, will acquire and transfer to free title, tangible and intangible movable property, motorized, technological and communication systems, to the Bolivian Police, at the request of the latter; according to plans, programs and projects, for their exclusive use in the department that would have performed the transfer, as appropriate according to current regulations.?
FINAL DISPOSITION
ONLY. The Sixth Final Disposition of Law No. 211 of 23 December 2011, with the following text:
? SIXTH. The Ministry of Foreign Affairs is authorized to cover the cost of passages and viatics of
representatives of social organizations, intellectual and notable personalities from abroad and Bolivia, who are duly accredited, only and exclusively in official events in the matter of the diplomacy of the peoples, which must be regulated by means of a bimimisterial resolution, issued by the ministries of foreign affairs, and of the economy and Public Finance.
ABROGATORY AND REPEAL PROVISIONS
FIRST. Article 25 of the General Budget Act 2010 is repealed.
SECOND. All provisions of equal or lower hierarchy, contrary to the present
Act, are opened and repealed.
Remit to the Executive Body for constitutional purposes.
It is given in the Session Room of the Plurinational Legislative Assembly, at the twenty-two days of August of the
year two thousand thirteen.
Fdo. Lilly Gabriela Montano Viana, Betty Asunta Tejada Soruco, Claudia Jimena Torres Chavez, Marcelina
Chavez Salazar, Marcelo Elio Chavez, Angel David Cortez Villegas.
Therefore, it is enacted to have and comply with the Law of the Plurinational State of Bolivia.
Palace of Government of the city of La Paz, at the twenty-sixth day of August of the year two thousand thirteen.
FDO. EVO MORALES AYMA, David Choquehuanca Cespedes, Juan Ramón Quintana Taborga, Carlos
Gustavo Romero Bonifaz, Elba Viviana Caro Hinojosa, Luis Alberto Arce Catacora, Juan Jose Hernando Sosa Soruco, Ana Teresa Morales Olivera, Arturo Vladimir Sánchez Escobar, Mario Virreira Iporre, Juan Carlos Calvimontes Camargo, Amanda Davila Torres.
