Modifications To The General Budget Of The State (Pge - 2013)

Original Language Title: LEY DE MODIFICACIONES AL PRESUPUESTO GENERAL DEL ESTADO (PGE - 2013)

Read the untranslated law here: http://www.gacetaoficialdebolivia.gob.bo/index.php/normas/verGratis_gob2/142917

Law No. 396 law of 26 of August of 2013 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, D E C R E T A: modifications to the GENERAL budget of the State (PGE - 2013) item 1. (OBJECT). The present law has by object approve the modification to the budget General of the State management 2013, for the entities of the sector public, and establish others provisions financial specific for your application.
Article 2. (ADDED REVISED BUDGET AND CONSOLIDATED 2013). Approves additional budget resources and expenditures for the entities of the Public Sector, for an aggregate total amount of Bs.3.487.974.867.-(three thousand four hundred eighty and seven billion nine hundred seventy-four thousand eight hundred sixty-seven 00/100 Bolivianos), and consolidated Bs.2.789.899.499.-(two thousand seven hundred eighty and nine million eight hundred ninety and nine thousand four hundred ninety-nine 00/100 Bolivianos) , according to Annex I. Article 3. (BUDGET CHANGES). It authorizes the executive organ through the ministries of Economics and public finance, and development planning, budgetary modifications of current expenditure and public investment, according to annexes II and III.
Article 4. (INCORPORATION OF DONATION RESOURCES AND CREDIT). Is authorizes to the organ Executive through them ministries of economy and finance public, and of planning of the development, according to their skills, incorporate in them budgets institutional them resources from of donation external e internal, as well as of credit external and internal, and balances of steps earlier by them mentioned concepts, for finance expenses of capital, expenses current financial applications, and investments, and concerned ministries report on the registration of these resources to the plurinational Legislative Assembly annually.
Article 5. (RECRUITMENT CONSULTANCY). It recruitment of services of consulting individual of line and consulting by product, must take in has them following aspects: I. regardless of the mode of it recruitment and of the source of financing, the recruitment of consultants in them entities of the sector public, is shall be through them procedures established in them standards basic of the system of administration of goods and services (NB-SABS).
II. public entities to hire exceptionally and temporarily, individual line consultants, upon justification, to the development of substantive functions or specific programs.
III. for individual consultants of line: single line consultant, will develop its activities with exclusive dedication on the procuring entity, in accordance with the terms of reference and the contract signed.

In the ministries of State, the maximum amount of individual line consultant fees, shall not be greater than the monthly remuneration of a director-general.

The level of remuneration of the individual consultant's line in the entities of the public sector, must be set according to the salary scale approved in the entity and the functions established for plant personnel, which does not requires any additional legal instrument.

The individual line consultant, may not provide individual consulting by product line or services, or functions as a public servant in parallel in other entities of the public sector or in the entity where it provides its services.

Authorized the payment of travel and subsistence, for the individual consultants of line, provided that such activity is planned in the contract concerned and is consistent with the nature of the functions to be performed.

Public entities must assign snack to individual consultants of line, and must not be greater than the amount allocated to the permanent staff.

Individual line consultants, will receive technical training according to the functions to be performed and the nature of the entity, in both duration of the contractual relationship. This training does not include undergraduate and graduate academic training.

By the nature of their contractual relationship, the individual line consultant, must not perceive other additional benefits to those expressly laid down in the preceding paragraphs.
IV. consultancies by product: product consulting, will be contracted to specialized non-recurring tasks.

Consultancy for product, may not be hired by the same body on more than one contract at the same time.

Consultancy for product of a public entity, must not pay simultaneously line individual consulting services; You must also not exercise functions as public servant in form parallel in public entities.

Article 6. (DOUBLE PERCEPTION). Amending paragraph IX of article 11 of the law No. 211 of December 23, 2011, with the following text:? IX. public servers, which receive monthly remuneration, not can enjoy diets, costs of representation or any collateral for their participation benefit or official representation in directories, boards, committees, commissions, funds boards or other public sector, under any name, except as provided expressly in the preceding paragraphs.
Exception of the provisions of this article, those who provide services of teaching at the training center (CENCAP) dependent on the General Comptroller of the State, and at the school of public management in multinational (EGPP). ?
Article 7. (DOMESTIC CREDIT FROM THE CENTRAL BANK OF BOLIVIA FOR THE SUGAR COMPANY SAN BUENAVENTURA - EASBA).
I is allowed to the Central Bank of Bolivia (BCB), an extraordinary credit of up to Bs.332.747.250.-(three hundred thirty and two million seven hundred forty and seven thousand two hundred and fifty 00/100 Bolivianos), in favour of the company sugar San Buenaventura (EASBA), on concessional terms, in order to finance productive investment and operating expenses at the stage of investment, commissioning and operation of the company as well as preparation of soils for producers and agricultural work and other commitments entered into by the company related to this credit. For this purpose, except to the BCB's implementation of articles 22 and 23 of the law N ° 1670 of 31 October 1995.
II. within the framework of paragraph I of this article and pursuant to paragraph 10, paragraph I of article 158 and the article 322 of the political Constitution of the State, is permitted to the company sugar San Buenaventura (EASBA), hire the previous referral credit with the Central Bank of Bolivia (BCB).
III. Ministry of productive development and Plural economy, 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 (BCB) in favor of the San Buenaventura sugar company (EASBA).
IV. the company sugar San Buenaventura (EASBA) 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.
V. It empowers the Ministry of economy and finance, through the General Treasury of the nation, issue and give bonds the Treasury not negotiable in favor of the Central Bank of Bolivia (BCB), to secure the amount of the credit granted by that entity in favour of the company Azucarera San Buenaventura (EASBA), at the written request of the Ministry head of industry and jointly with the Central Bank of Bolivia (BCB).
VI. is excepted to the company Azucarera San Buenaventura (EASBA) of the effects and scope of application of articles 33 and 35 of the law N ° 2042 of 21 December 1999, budgetary management.
VII. Ministry of productive development and Plural economy, by Ministerial resolution, must demonstrate to the Central Bank of Bolivia (BCB), the use and destination of the resources of the credit to be acquired by the company sugar San Buenaventura (EASBA) are national priority within the framework of the National Development Plan and that future flows will be used for the payment of the claim referred to in this article.
Article 8. (AMENDMENT OF ARTICLE 26 OF THE LAW N ° 317, RAIL TRANSPORT SYSTEM IN THE SECTION MONTERO - BULO BULO). Amending paragraphs III and IV, and paragraphs V and VI are incorporated into the article 26 of the law No. 317 of 11 December 2012, in the following way:? III. is authorised the Ministry of economy and finance through the General Treasury of the nation, issue and give bonds the Treasury not negotiable in favor of the Central Bank of Bolivia (BCB) to secure credit.
IV. the Ministry of works public, services and housing is responsible of the use and destination of them resources effectively transferred by the treasure General of the nation, as well as of the execution, follow-up and evaluation of the construction of the system of transport iron in the section Montero? Do I bulo Bulo.?
? V. In the framework of the provisions of paragraph I of this article, authorized the Central Bank of

Bolivia, extend the credit outstanding which refers to paragraph II of this article, and the Ministry of economy and finance, through the General Treasury of the nation, contracting with the Central Bank of Bolivia an extra credit in national currency, in the amount of up to Bs.696.000.000-(six hundred ninety-six million 00/100 Bolivianos), making a total amount of Bs.1.740.000.000.-(one thousand seven hundred forty million 00/100 Bolivianos) to finance the construction of the rail transport system in the section Montero - Bulo Bulo.

VI. the extraordinary contract signed within the framework of paragraphs I, II and V of the present article, shall be exempt from probate costs and other expenses required for its formalization. ?
Article 9. (DOMESTIC CREDIT FROM THE CENTRAL BANK OF BOLIVIA IN FAVOR OF THE CORPORACIÓN MINERA DE BOLIVIA - COMIBOL). Amending article 33 of the law N ° 211 of December 23, 2011, according to the following text:? I is allowed to the Central Bank of Bolivia (BCB), granting an extraordinary credit of up to Bs.5.332.050.000.-(five thousand three hundred thirty-two million fifty thousand 00/100 Bolivian), in favour of the Mining Corporation of Bolivia (COMIBOL), on concessional terms, to ensure that their national management of evaporite resources to invest in research, development and transfer of technologies in laboratories and research centers , pilot, production and industrialization of carbonate of lithium, chloride of potassium, salts derived e intermediate, and others products of the chain evaporitica, batteries of lithium and its components; either as direct investment or capital contribution through partnerships with companies that provide technology for the manufacture of slimes, cathode materials, electrolyte, lithium batteries and their components; and others that are consistent with the object of this credit. To this effect, is excepted to the Central Bank of Bolivia (BCB) application of articles 22 and 23 of the law N ° 1670 of 31 October 1995.
II. within the framework of paragraph I of this article and pursuant to paragraph 10, paragraph I of article 158 and the article 322 of the political Constitution of the State, is permitted to the Mining Corporation of Bolivia (COMIBOL), hire the previous referral credit with the Central Bank of Bolivia (BCB).
III. the Ministry of mining and metallurgy, 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 (BCB) in favor of the Corporación Minera de Bolivia.
IV. the Corporación Minera de Bolivia is responsible for the use and destination of the resources to be disbursed by the Central Bank of Bolivia (BCB), within the framework of paragraph I of this article.
V. Is authorizes to the Ministry of economy and finance public, through the Treasury General of the nation, issue and grant bonds of the treasure not negotiable in favor of the Bank Central of Bolivia (BCB) for ensure the amount of the credit awarded by such entity in favor of it Corporation mining of Bolivia, to request written of the Ministry head of sector and in form joint with the Bank Central of Bolivia (BCB).
VI. is excepted to the Mining Corporation of Bolivia of the effects and scope of application of articles 33 and 35 of the law N ° 2042 of 21 December 1999, budgetary management.
VII. the Ministry of mining and metallurgy, by Ministerial resolution, must demonstrate to the Central Bank of Bolivia (BCB), the use and destination of the resources of the credit to be acquired by the Corporación Minera de Bolivia are national priority within the framework of the National Development Plan and that future flows will be used for the payment of the claim referred to in this article. ?
Article 10. (AMOUNTS COLLECTED BY THE AGENCY NATIONAL OF HYDROCARBONS).

I. the amounts collected by the national agency of hydrocarbons, by concept of taxes, fees, fines and other specific resources, will be transferred to the single account of the General Treasury of the nation.
II. the Treasury General of the nation will transfer to the Agencia Nacional de Hidrocarburos, resources that correspond to the performance of their duties, in accordance with their financial availability.
Article 11. (FINANCING OF THE CONSTRUCTION OF THE PARLIAMENT BUILDING SOUTH AMERICAN UNASUR).
I. authorizing the Ministry of economy and finance, through the General Treasury of the nation, assigned to Bs.453.415.653.-(four hundred and fifty and three million four hundred fifteen thousand six hundred fifty-three 00/100 Bolivianos), 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 implementation, monitoring and evaluation of the project? City UNASUR?.
Article 12. (FINANCING FOR THE CONSTRUCTION OF THE BUILDING OF THE MINISTRY OF ECONOMY AND FINANCE).
I. authorizing the Ministry of economy and finance - GFSM, through the General Treasury of the nation, finance the project? Do new building of the Ministry of economy and public finances?, for an amount of up to Bs.104.400.000.-(one hundred four million four hundred thousand 00/100 Bolivian).
II. A effect to comply with the preceding paragraph, authorizing the Ministry of economy and public finances, and the Ministry of planning of the development, within the framework of its powers, make necessary budgetary transfers, including consultancies.
III. the Ministry of economy and finance, is responsible for the implementation, follow-up and evaluation of the project? Do new building of the Ministry of economy and public finances?, as well as of the use and destination of the resources in this article.

Article 13. (EXTRAORDINARY TRANSFER OF RESOURCES FOR THE IMPLEMENTATION OF PROJECTS OF TELECOMMUNICATIONS). In the framework of the comprehensive policies on the development of the telecommunications sector, authorizes the Ministry of public works, services and housing, transfer of resources from the national programme of telecommunications of Social Inclusion (PRONTIS), 80% in favor of the Empresa Nacional de Telecomunicaciones - ENTEL S.A., and 20% in favor of the State-owned Television - BOLIVIA TV , after deduction of up to 0.5% of the total of proceeds from management, which will be used for the operation of the unit of execution of projects PRONTIS.
Article 14. (DISTRIBUTION OF THE RESOURCES OF THE PRONTIS). It is authorized to beneficiary entities of the resources of the national programme of telecommunications of Social Inclusion (PRONTIS), under the Ministry of public works, services and housing, allocate up to 30% of the resources received for expenses of maintenance, operation and sustainability of the investment.
Article 15. (EXEMPTION FROM TAXES ON TRUSTS). Autonomous assets of trusts constituted with public funds, are exempt from the payment of taxes to the value added (VAT), to the transactions (IT) and on the profits of enterprises (SUI).
Article 16. (CERTIFICATION OF EQUITY). The maximum executive authority of strategic national public enterprises and productive public enterprises must issue certificates of participation of Capital by the contributions that were made or carried out public entities of the State, to the capital or the capital increase of the company, for its own account or on behalf of third parties.
Article 17. (EXTENSION OF DURATION OF THE PROCESS OF RECONCILIATION FOR THE 2013 MANAGEMENT).
Amending article 21 of the law No. 317 of 11 December 2012, according to the following text:? It empowers the Ministry of economy and finance, through the Vice-Ministry of Treasury and public credit, continue the process of reconciliation started in compliance with article 25 of the law N ° 211 of December 23, 2011, through December 31, 2013, with organisations that have recognised the debt registered in the General Treasury of the nation. For effect, shall fully apply the provisions of article 25 of this law, the Supreme Decree No. 1148 February 29, 2012 and other regulatory standards, in which appropriate.?
Article 18. (EXTENSION OF THE USE OF RESOURCES OF THE HDI). The autonomous territorial entities within the scope of its powers and jurisdiction, may use the direct tax to the hydrocarbons (IDH) resources for the construction of sports infrastructure.

Article 19. (SERVICE DE TRANSPORT). Them entities public, may provide service of transport vehicular to their servers public according to availability financial, for which must consider them features of the entity, the schema labor special, the distance of the source of work and the accessibility of transport public; itself that will be responsibility of the maximum authority Executive of each entity and must be regulated internally.
Article 20. (UNIFORM AND CLOTHES OF WORK). Them entities public, may provide annually to them servers public of uniform and clothing of work according to its availability financial, for which must consider it peculiarity of it function to develop, it attention to the public, them conditions climatic, to effect of identify the entity public, same that will be responsibility of the maximum authority Executive of each entity and must be regulated internally.

Article 21. (FUNDING FOR THE PROJECT? TELEHEALTH FOR BOLIVIA?).
I. in the framework of the Intercultural Community family health policy - SAFCI, authorizes the Ministry of health and sports, implement the first phase of the project? Telehealth for Bolivia? at the national level.
II. A effect to comply with the preceding paragraph, authorizing the Ministry of economy and finance, through the General Treasury of the nation, assigning to Bs.139.200.000.-(one hundred thirty-nine million two hundred thousand 00/100 Bolivian), in favor of the Ministry of health and sports; for which the ministries of Economics and public finance, and development planning, in the framework of its competencies, must be corresponding budgetary transfers, including consultancies.

III. the Ministry of health and sports, is responsible for the implementation, follow-up and evaluation of the project? Does telehealth to Boliva?, as well as of the use and destination of the resources in this article.

ADDITIONAL PROVISIONS FIRST. Amending the paragraph 6 of article 110 of the law No. 2492 of 2 August 2003, Bolivian tax code, with the following text:? 6. Closure of the establishments, warehouses, offices or warehouses of the debtor until full payment of the tax debt. This measure only be executed when the tax debt had not been paid by effect of the implementation of the coercive measures provided for in the preceding or not its application as possible, and pursuant to the fourth paragraph of article 164 °.?

THE SECOND. Is incorporated as the second paragraph of article 110 of the law No. 2492 of 2 August 2003, Bolivian tax code, the following text:? Them goods seized, with annotation final in them records public, kidnapped, accepted in warranty through garment or mortgage, as well as them received in dation in payment by the Administration tax, by debts tax, will be willing in execution tax through auction in auction public or award direct, in the form and conditions that is set through standard regulatory.?
THIRD. Amending the first paragraph of the tenth additional provision of law No. 291 of 22 September 2012, with the following text:? Are i. bureaux de change subject to the scope and authority of Supervision of the financial system (ASFI) and regulations of the Central Bank of Bolivia (BCB), as a complementary financial services companies.?
-FOURTH. Amending the fourth paragraph of article 30 and the article 43 of the law No. 264 of the system of public safety, with the following text:? Article 30. (AIR SERVICE OF PUBLIC SECURITY).
Do IV. Management and maintenance of the aircraft of the air service of public safety, will be made by the Bolivian air force, costs that will be covered with the resources allocated to public safety by the Ministry of Government and autonomous territorial entities?.
? Article 43. (ACQUISITION OF GOODS FURNITURE). Public territorial institutions autonomous, for the execution of the national public security Plan, policies, plans, programmes and projects in the field of public safety, will acquire and transferred gratuitously, movable, tangible and intangible, motorized, technological and communication systems, the Bolivian police, at the request of this; According to plans, programmes and projects, for exclusive use in the Department that had made the transfer, as appropriate according to current regulations.?
SOLE FINAL PROVISION. Is modifies the provision Final sixth of the law N ° 211 of 23 of December of 2011, with the following text:? 6TH. Authorizing the Ministry of Foreign Affairs, covering the cost of travel and travel expenses of representatives of social organizations, intellectuals and notable personalities from abroad and from Bolivia, who are duly accredited, only and exclusively in official events in diplomacy of peoples, same which shall be regulated by bi-ministerial resolution issued by the ministries of Foreign Affairs , and public finance.
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ABROGATORIAS AND REPEALING PROVISIONS FIRST. It repeals the article 25 of the law of the budget General of the State 2010.
THE SECOND. They abrogate and repealing all provisions of equal or lower hierarchy, contrary to the present law.
Refer to the Executive Body for constitutional purposes.
Two thousand thirteen is given in the room of sessions the Assembly Legislative plurinational, twenty-two days of the month of August of the year.

FDO. Lilly Gabriela MONTAÑO Viana, Betty Asunta Tejada Soruco, Claudia Jimena Torres Chavez, Marcelina Chavez Salazar, Marcelo Elio Chavez, Angel David Cortez Villegas.
I therefore enacted it is and meets as a law of the plurinational State of Bolivia.
Government Palace of the city of La Paz, the twenty-sixth day of August of the year two thousand thirteen.
FDO. EVO MORALES AYMA, David Choquehuanca Céspedes, Juan Ramón Quintana Taborga, Carlos Gustavo Romero Bonifaz, Elba Viviana Caro Hinojosa, Luis Alberto Arce Catacora, Juan José Hernando Sosa Soruco, Ana Teresa Morales Olivera, Arturo Vladimir Sánchez Escobar, Mario Virreira Iporre, Juan Carlos Calvimontes Camargo, Amanda Davila Torres.