Key Benefits:
law no 211
LAW OF DECEMBER 23, 2011
ALVARO GARCIA LINERA
PRESIDENT-IN-OFFICE OF THE PLURINATIONAL STATE OF BOLIVIA
For the Assembly Plurinational Legislative, has sanctioned the following Law:
THE PLURINATIONAL LEGISLATIVE ASSEMBLY,
D E C R E T A:
LAW OF THE GENERAL BUDGET OF THE STATE? 2012 MANAGEMENT
UNIQUE CHAPTER
GENERAL PROVISIONS
Article 1. (OBJECT). This Law is intended to approve the State General Budget (PGE) of the
public sector for fiscal management 2012, and other specific provisions for the administration of public finances.
Article 2. (AGGREGATED AND CONSOLIDATED BUDGET). The General Budget of the
State, for its duration during Fiscal Management from January 1 to December 31, 2012, is approved for a total aggregate amount of Bs185.888.910.616.-(One hundred and eighty-five thousand eight hundred and eighty-eight Millions nine hundred and ten thousand six hundred and sixteen 00/100 Bolivians) and a consolidated of Bs145.942.902.291.-(One hundred and forty five thousand nine hundred and two hundred and two thousand two hundred and ninety two hundred and ninety-100 Bolivianos), according to detail of resources and expenditure entered in the attached Tomos I and II.
Article 3. (TAX RESULT).
I. Within the framework of Article 298 paragraph II numeral 23 of the Constitution of the State, the Ministries of Economy and
Public Finance, and of Development Planning, will approve by Ministerial Resolution, the amendments (a) budget for current expenditure or public investment, respectively, of the Public Entities that negatively affect the overall tax result of the Public Sector; except for non-executed balances of external donation.
II. It is excluded from the application of the preceding paragraph, to the Municipal Autonomous Governments and Universities
Public, in those intra-institutional budgetary transfers that negatively affect the fiscal outcome.
Article 4. (TAX MANAGEMENT SYSTEMS FOR PUBLIC SECTOR ENTITIES AND LEGAL VALIDITY).
I. They are official systems of the Fiscal Management of the Plurinational State, the Integrated Management and Modernization System
Administrative (SIGMA) and the Public Management System on Web platform, the same ones that are of mandatory use in all public sector entities, as appropriate.
II. For legal purposes of determining responsibilities, information generated by the Integrated Management System and
Administrative Modernization (SIGMA) and/or the System of Public Management on Web Platform, will have legal validity and evidentiary force as well as written documents.
III. The Ministry of Economy and Public Finance may authorize the temporary use of other systems, to the entities of the
public sector that do not have access to the systems
Article 5. (INFORMATION SYSTEM ON INVESTMENTS). The Information System onInvestments (SISIN-WEB) of the Ministry of Development Planning, is the system of the Investment Management of the Plurinational State, and of compulsory use for the entities of the Public Sector that execute investment projects.
Article 6. (PUBLIC-PRIVATE TRANSFERS).
I. The Executive Body is authorized to transfer public resources in cash and/or in kind and productive investments to
economic organizations? productive, territorial organizations, national private organizations, indigenous peasant organizations and natural persons, with the objective of stimulating development activity, food security, productive conversion, education, health and housing, in the framework of the National Development Plan and Sectoral Plans. Of all the above transfers, the amount, use and destination of these resources will be authorized by Supreme Decree and must have specific regulations.
II. Public entities transferring resources public cash and/or in kind to economic organisations?
productive, to territorial organizations and natural persons, must be able to open in their institutional budgets, programs and activities that allow to identify the economic sector, geographic location, beneficiary organization, legal person and amount to be transferred; same that must be authorized by Supreme Decree.
III. The Development Fund for Indigenous Peoples, Originals and Peasant Communities? FDPPIOYCC?, you can
transfer public resources to Indigenous Peoples and Communities, Originals and Peasants, and must open programs and activities in its institutional budget that will identify the economic sector, location geographic, beneficiary organization and amount to transfer. The transfer must be authorized by the express resolution of the Ministry of Sector.
IV. The economic organizations? production, territorial organizations, indigenous peoples and communities, originating
and peasants, in their capacity as final beneficiaries, must inform the granting entity about the use and destination of the public resources, and in turn the The granting entity should record the implementation of the resources in the relevant information systems, from the Ministry of Economy and Public Finance (MEFP), as well as from the Ministry of Development Planning (MPD).
V. The Ministry of Public Works, Services and Housing, making transfers of public resources, to the
beneficiaries referred to in Paragraph I of this Article, are hereby authorized for the payment of labor by construction of social housing, the acquisition of land, for the construction of social housing in state, communal or private land and for the improvement of social housing either directly or for the payment of labor, for which you must have specific regulations.
VI. The Ministry of Health and Sports, make transfers of public resources to beneficiaries by
concept of payment of the? Bono Juana Azurduy?.
Article 7. (TRUSTS).
I. In order to assist and support the reconstruction of the national productive sector, attend to situations of increase
of prices, supply, food insecurity, new productive enterprises, promotion of production and exports, through the development of public and private programs and productive projects; the Executive Body is authorized, to constitute trusts with authorized financial institutions, which must be approved by means of a decree Supreme.
II. They are responsible for the resources public bodies constituted in trust, the entity and the entity
in charge of the sectoral policy, the latter having to carry out systematic monitoring and control to the fulfilment of the intended purpose in the constitutive act and in the legal provisions that founded it, as well as to issue guidelines and guidelines regarding the trusts constituted by entities under their dependence or on their own and on those whose object or purpose they are in the framework of their competencies.
III. For the purposes of registration, the entity shall report the constitution and semi-annually the assets balance
fideicommitted to the Ministry of Economy and Public Finance.
IV. The entities that exercise the capacity of institutions of the public financial sector and of mixed economy companies authorized for the administration of trusts constituted with State resources, must carry out monitoring and control The Commission has been able to monitor its development, verify compliance with the legal provisions that support them, and ensure the proper handling of fideicomitting funds, in the framework of the purpose set in the constitutive act.
Article 8. (FINANCING OF THE JUANA AZURDUY BOND).
I. The Central Bank of Bolivia is authorized to transfer monthly to the General Treasury of the Nation, part of the resources
from the performance of the International Reserves Netas, for the Juana Azurduy Bonus.
II. The Central Bank of Bolivia, once the requirement of the General Treasury of the Nation, will transfer in a way
priority the resources requested for the effect.
III. For the fulfilment of the obligation established in the preceding paragraphs, except to the Central Bank of Bolivia of the application of Article 75 of Law No 1670 of 31 October 1995.
Article 9. (HANDLING OF TGN RESOURCES ABROAD). The Ministry
Economy
Public Finance (MEFP) is authorized to make investments in the resources of the General Treasury of the Nation (TGN) abroad in order to generate income that will benefit the management of the Treasury through the Central bank of Bolivia (BCB) or other Financial Entity that the Ministry of Economy and Public Finance (MEFP) determines, according to the conditions defined between the Deputy Minister of the Treasury and Public Credit with the Central Bank of Bolivia (BCB), or the Financial Entity set for the effect.Article 10. (PUBLIC BORROWING BY ISSUING SECURITIES IN
EXTERNAL CAPITAL MARKETS).
I. The Ministry of Economy and Public Finance (MEFP) is authorized, within the framework of the number 8 and
10 of Paragraph I of Article 158 and Article 322 of the Constitution of the State, representing the State Plurinational of Bolivia, to hold public debt operations in the foreign capital markets in the amount of up to USD500,000,000.-(Quinientos Million 00/100 American Dollars) or its equivalent in other currencies, for budget support.
II. The Ministry of Economy and Public Finance is authorized to International and/or international
of legal and financial advisory services, and other specialized services, linked to the operation of public debt in the foreign capital markets, as noted in the previous paragraph.
III. The procurement procedure set out in the previous paragraph shall be approved by means of an express Ministerial Resolution of the Ministry of Economy and Public Finance.
Article 11. (DOUBLE PERCEPTION).
I. Public sector entities must have a sworn statement that certifies that the total of the revenues
received with public resources, income from the Childbirth System or Payment of Compensation for Monthly Quotations, from their Online servers and consultants are not equal to or higher than the President of the Plurinational State.
II. Public entities, monthly must refer in magnetic and physical media to the Treasury's Vice-Ministry and
Credit Public under the Ministry of Economy and Public Finance, the remuneration of their public servants and consultants, contemplating collateral and daily benefits, regardless of their source of funding.
III. People who receive income from the Childbirth System or Compensation Monthly contributions by the State,
and require the provision of paid services in public sector entities, prior to obtaining the temporary suspension of the benefit granted by the State, for the duration of the provision of services. Except for this prohibition are the widows and rightholders of the Childbirth System and the Monthly Quotations Compensation.
IV. Except as provided in the preceding paragraph, to the rentier holders of the System of Distribution and pensioners
holders with payment of Monthly Quotations Compensation, who provide professorship at the Public Universities.
V. The provisions of Paragraph IV will not apply to those who are pensioners of the Long term Social Insurance
or the Comprehensive Pension System, whose last remuneration, prior to his request for a pension, is for full-time teaching in public universities.
VI. The payment of the Solidarity of Old Age Fraction for Pension Holders in the Comprehensive Pension System, is incompatible
with the perceived remuneration in public or private functions.
VII. The professional qualification services of physicians enabled by
Pensions and Insurance Piscalization and Control Authority (APS) in accordance with Article 70 of Law No 065 of 10 December 2010, they are not incompatible with any public or private activity, regardless of the workload, nor will it be considered as a dual-perception activity.
VIII. Public sector entities are authorized to grant monthly economic compensation in favor of the
Edecans and members of Physical Security who provide exclusive services to the Maximum Executive Authorities and the Entities. Public, the same one that will not be considered double perception of haberes.
IX. Public sector servers, which receive monthly remuneration, will not be able to enjoy daily allowances, expenses of
representation or any other collateral benefit for their participation or official representation in Directories, Councils, Committees, Commissions, Funds, Juntas, or others under any denomination, except as expressly provided in the preceding paragraphs.
Article 12. (HOLIDAY REGIME).
I. The use of holidays of public servants covered by the Law of the Law of the Staff Regulations
Public, will not be able to accumulate for more than two consecutive steps; exceptionally, the economic compensation of the vacation proceed in the event of the death of the public servant in favor of his heirs, due to the extinction of the entity, when there is a court ruling or an enforceable sentence.
II. The right to vacation in the General Labor Law regime will be subject to what is established in your
related provisions and rules.
Article 13. (PROCEDURE FOR JUDICIAL CONTINGENCIES).
I. The obligations against the State declared legally or judicially, which are duly executed,
shall be communicated by the entities concerned, or the competent authority, to the Ministry of Economy and Finance Public, to make the forecast and budget enrollment in the expenditure item? Judicial Contingencies? which is established annually, in the case of resources of the General Treasury of the Nation.
II. The Public Institutions that have payment obligations with a Judicial Statement Executed, to be covered with
different resources to the General Treasury of the Nation, must be included in the item? Judicial Contingencies? in their institutional budgets and assign resources based on their cash flow.
III. For execution of the obligation expense with the Executed Judicial Statement, public entities, must count
with information verifiable, quantifiable and recorded in the duly audited financial statements. The National Service of State Heritage (SENAPE) is exempt from the presentation of financial statements, only in cases of those entities dissolved or liquidated.
IV. Judicial and administrative authorities who determine compliance with these obligations should consider the
set out in the previous paragraphs, to define the modalities of compliance.
Article 14. (OPERATING BUDGET OF THE PUBLIC UNIVERSITY OF THE ALTO). They are sources of financing from the Public University of El Alto, the following:
Ordinary Grant.-The budget allocated in management 2011, which reaches Bs50.177,675, will be considered as the basis for calculation. Millions 70 and Seven Thousand Seishundreds Seventy-Five 00/100 Bolivians).
Tax participation.
Own revenue.
International cooperation.
Legacy and donations.
Article 15. (AMOUNTS RAISED BY THE REGULATORY AND AUDIT AUTHORITY OF
TELECOMMUNICATIONS AND TRANSPORT).
I. The amounts collected by the Telecommunications and Transportation Regulatory and Taxation Authority (ATT), by
concept of payments for allocation and use rights of frequencies, fines, property transactions, execution of guarantee and surplus of transfers to new holders, will be destined to the National Program of Telecommunications of Social Inclusion (PRONTIS), dependent of the Ministry of Public Works, Services and Housing, after deduction of the payment of obligations to the International Telecommunication Union (ITU) and the resources it demande the investment for the control of the Radio Spectrum, which must be transferred to the National Treasury's Single Account.
II. Revenue from tax and regulatory fees, as well as other resources Specific to the Authority of
Regulation and Taxation of Telecommunications and Transport (ATT), will be deposited in the Single Treasury Account (CUT). The amounts and forms of payment of the rates of Fiscalization and Regulation, will be established by regulation, according to the number 1 to 5 of Paragraph 63 of the
No.164 of 8 August 2011.
III. The Treasury General of the Nation will provide to the Authority for Regulation and Taxation of Telecommunications and
Transports (ATT) the resources that correspond to the exercise of their functions, according to their availability financial.
Article 16. (FUND FOR THE PROVISION OF INFRASTRUCTURE).
I. The resources generated by the sale of the goods mentioned in the following paragraphs, must be paid in the
Single Treasury Account (CUT), in order to constitute a non-refundable Fund administered by the Ministry of Economy and Public Finance (MEFP), which is aimed at providing and improving the infrastructure for the Executive Branch of the central level of the State, with the exception of the Bolivian Police and Armed Forces.
II. (TGN) through the Ministry of Economy and Public Finance (MEFP) and
by the National Heritage Service (SENAPE), to sell the real estate that was delivered, a product of the liquidation process of the Banco Sur S.A., Cochabamba S.A. and BIDESA S.A.
III. Mayor Liquidador de los Bancos Sur S.A., Cochabamba S.A. and Internacional de Desarrollo S.A.,
sell according to regulations, the movable and immovable property that were not yet transferred to the General Treasury of the Nation (TGN).
IV. The Executive Body of the central level of the State shall regulate this Article within a period no longer than
sixty (60) days from the enactment of this Law.
Article 17. (BOLIVIA CENTRAL BANK ' S INTERNAL CREDIT IN FAVOR OF DEPOSITS
BOLIVIAN FISCAL OIL COMPANIES).
I. The Central Bank of Bolivia (BCB) is authorized to grant an extraordinary credit of up to Bs9,100,000,000.-(Nine
1 Billion 00/100 Bolivians), in favor of Yacimientos Petrolíferos Fiscales Bolivianos (YPFB) in conditions (a) concessional, with the aim of financing industrialisation projects in the hydrocarbon sector. 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 I of
Article 158 and Article 322 of the Constitution of the State, Oil Fields are authorized. Bolivianos (YPFB), to contract the above mentioned credit with the Central Bank of Bolivia (BCB), whose guarantee will be constituted exclusively by the authorization of debit of any of the accounts that Yacimientos Petrolíferos Fiscales Bolivianos (YPFB) owns or acquires.
III. Corresponds to the Ministry of Hydrocarbons and Energy, the evaluation and monitoring of the resources of the credit to be
granted by the Central Bank of Bolivia (BCB) in favor of Yacimientos Petrolíferos Fiscales Bolivianos (YPFB).
Article 18. (INVESTMENTS IN INDUSTRIALIZATION PROJECTS).
I. The Liquid Separation Plants of Rio Grande and Gran Chaco, the Liquefied Natural Gas Plants (LNG) and the Petrochemical Plants of Yacimientos Petrolíferos Fiscales Bolivianos (YPFB), are within the activity of Refining and Industrialization of the hydrocarbon chain. The income generated by the plants will be used exclusively by Yacimientos Petrolíferos Fiscales Bolivianos (YPFB), to guarantee its operation, debt service and the realization of investments in Refining and Industrialization, the other activities of the hydrocarbon chain and other productive projects.
II. The Natural Gas used for the production of Liquefied Natural Gas (LNG) will be valued at the market price
internal, net Value Added Tax (VAT).
Article 19. (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 Bs245,000,000.-(Two hundred
Forty-Five Million Bolivianos), in favor of the San Buenaventura Sugar Company (EASBA), under conditions (a) concessional, with the aim of financing productive investment projects. 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. Corresponds to the Ministry of Productive Development and Plural Economy, the evaluation and monitoring of the resources of the
credit to be awarded by the Central Bank of Bolivia (BCB) in favor of the Sugar Company San Buenaventura (EASBA).
IV. The Ministry of Economy and Public Finance is authorized 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 San Buenaventura Sugar Company (EASBA), at the written request of the Ministry of Industry and jointly with the Central Bank of Bolivia (BCB).
V. Except for the San Buenaventura Sugar Company (EASBA) for the effects and scope of the application of the
Articles 33 and 35 of Law No 2042 of 21 December 1999 on Budgetary Management.
VI. 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 indicated in this Article.
Article 20. (EXTINCTION OF THE TRUST AWARDED IN FAVOR OF THE SUGAR COMPANY
SAN BUENAVENTURA-EASBA).
I. The Sugar Company San Buenaventura (EASBA) is authorized to reimburse the Ministry of Economy and Finance
Public, the resources transmitted by this State Portfolio in the framework of the Final Disposition Third of the Supreme Decree No. 772 of 19 January 2011, with resources from and authorized in Article 9 of Law No 50 of 9 October 2010.
II. The Sugar Company San Buenaventura (EASBA) is authorized to request a disbursement in the credit framework
granted by the Central Bank of Bolivia (BCB), with the purpose of reimbursing the Ministry of Economy and Finance Public (MEFP), the resources provided for in the Third Final Disposition of Supreme Decree No. 772 of 19 January 2011, for which, the extension of the object, use and purpose of the funds coming from and authorized in Article 9 of the Law No 50 of 9 October 2010. To this effect, the Central Bank of Bolivia and the San Buenaventura Sugar Company will subscribe to the corresponding addendum.
III. Reimbursement of the resources of the trust authorized by the Final Disposition Third of the Decree
Supreme N ° 772 of January 19, 2011, shall be extinguished in accordance with the contractual and operating conditions established in the corresponding legal instruments.
Article 21. (EXTRAORDINARY TRANSFER OF RESOURCES TO AUTONOMOUS GOVERNMENTS
DEPARTMENTAL). To ensure the functioning and/or investments of the Autonomous Departmental Governments in the management of 2012, the Executive Body is authorized to transfer resources in an extraordinary manner to those (former prefectures). approved in the 2008 administration, by way of Special Tax on Hydrocarbons and its Derivatives (IEHD) and Departmental Compensatory Fund (FCD), which have accounted for more than 50% of the total of their income from Mining and Hydrocarbon royalties, FCD, IEHD and IDH.
Article 22. (RESOURCES THAT FUND THIRD-LEVEL ESTABLISHMENTS OF
HEALTH).
I. The Executive Body is authorized through the Ministry of Economy and Public Finance (MEFP), to incorporate prior
evaluation, in the General Budget of the State 2012, the institutional budgets of revenue and expenditure of the governments Departmental Autonomous Community, intended for the operation, as well as the costs in medicines, supplies, equipment and other supplies, of the third-level health care establishments, which are under their jurisdiction, in order to ensure continuity of service.
II. Exceptionally, the Autonomous Municipal Governments of La Paz, Santa Cruz de la Sierra and Cochabamba, must
allocate the necessary resources to guarantee the functioning, as well as expenses in medicines, supplies, equipment and other supplies, from third-level health care facilities, that are low
your jurisdiction, as long as the process of transferring the exercise of competence in these Municipalities is concluded; for which the Executive Body is authorized through the Ministry of Economy and Public Finance (MEFP), to incorporate into the General Budget of the State? PGE 2012, after evaluation, the institutional budgets of revenue and expenditure of the aforementioned municipalities.
Article 23. (FINANCING FOR ELECTION PROCESSES BY INTERRUPTION IN
COMMAND). The financing for electoral processes of Autonomous Territorial Entities, outside the electoral calendar expressly approved by law, must be economically assumed by the entities involved, within the framework of Article 208 of the State Political Constitution.
Article 24. (LIQUIDATION OF FORMER SOCIAL SECURITY MANAGERS).
I. The former Social Security Managers who administered the Invalidity, Old Age, Retirement, Death and
Long-term Professional Risks of the former Childbirth System, which are currently under the administration of the Plurinational State, will maintain its legal personality only for the purposes of its closure and liquidation.
II. The process of closing and winding up the former Social Security Managers will be in charge of the Liquidator
appointed by the Maxima Executive Authority of the Ministry of Economy and Finance Public (MEFP).
Article 25. (PUBLIC ENTITY DEBT RECONCILIATION WITH GENERAL TREASURY
OF THE NATION).
I. The Ministry of Economy and Public Finance (MEFP), through the Vice-Ministry of the Treasury and Public Credit
, will have to initiate a process of conciliation with public entities that maintain unpaid debts from previous operations. registered in the Ministry's General Treasury portfolio, having the effect of technical, legal and other supporting documents, authorizing the public entities to reconcile with that State Portfolio.
The process (a) the conciliation procedure should include, inter alia, the signing of a Convention of Recognition of Debt to be concretized within a period not greater than 10 months after the validity of the regulation described in paragraph V of this Article, which determines amounts, deadlines and other aspects concerning the recovery of resources
II. In the event that public entities do not respond to or do not fulfill the reconciliation efforts within the deadline
provided for in the preceding paragraph, the technical and legal report of the Vice-Ministry is authorized. of the Treasury and Public Credit, and in accordance with its Maximum Executive Authority, to debit from the tax bills of the public debt institutions, the amounts that will allow them to recover the debts that they maintain with the General Treasury of the Nation (TGN).
III. The Ministry of Economy and Public Finance (MEFP) is authorized and only in the event of a subscription to the Debt Recognition Convention to write off the unpaid accrued interest that would have been generated up to the time of the
IV.
IV. The remission of interest mentioned in the previous paragraph, will also be applicable in those cases in which to
the date the Viceministerium of the Treasury and Public Credit make automatic debits to public debtor entities, as long as the corresponding Debt Recognition Convention is signed.
V. This article shall be regulated by the Executive Body within a period not longer than 60 days from the
validity of this Law.
Article 26. (AUTOMATIC DEBIT).
I. The Ministry of Economy and Public Finance (MEFP) is authorized to perform automatic debits in favor of the
beneficiary entities or implementing programs and projects, when requested, in order to guarantee the compliance with the obligations and competencies assigned to public entities, in accordance with current regulations; as well as for damage to the State Heritage.
II. The Ministry of Economy and Finance is authorized Public (MEFP), debit four of the entities ' tax accounts public, the additional resources disbursed for specific expenses, with source and agency (10-111) and (41-111) of the Treasury General, which were not committed or accrued according to established programming; to carry out the corresponding budgetary affections, for consolidation in the budget of the General Treasury of the Nation and the transfer to the Program? Bolivia Changes? This provision does not apply to hiring in investment projects that are published in the SICOES.
III. The Ministry of Economy and Public Finance (MEFP) is authorized to make automatic debit to the public entities
that receive income that is not of their competence according to current regulations. The debit will be done prior to technical and legal justification, and at the request of the affected entity, for further evaluation of the Ministry of Economy and Public Finance (MEFP).
IV. The Ministry of Economy and Public Finance (MEFP) is authorized to hold four-monthly debit of the public entities '
non-committed resources, or accruals with source and body (10-111) and (41-111) Treasury General of the Nation. These resources will be reallocated to the Programme financially and financially? Bolivia Changes?, authorizing the beneficiary entities of the Program, to execute the resources through the modality of direct procurement of goods and services. This provision does not apply to investment projects that are published in the SICOES.
V. The Ministry of Economy and Public Finance (MEFP) is authorized to carry out automatic debits in favor of the Municipal Autonomous Governments affected by the application of new distribution factors, approved by the Ministry of Autonomy, prior to conciliation between the municipalities involved and at the request of the beneficiary municipality, channeled through the aforementioned Ministry.
Article 27. (INTERNAL CREDIT OF THE CENTRAL BANK OF BOLIVIA? BCB, IN FAVOR OF
NATIONAL ELECTRICITY COMPANY? (DE)
I. It is extended during Fiscal Management 2012, the validity of Article 8 of Law No. 50, as amended by Article 13 of the Law
N ° 62, with respect to the resources of the authorized credit in favor of the National Electricity Company (ENTO), which have not been committed until 31 December 2011.
II. To this effect, the National Electricity Company (ENTO), the application of Articles 33 and 35 of the
Law No 2042 of the Budget Administration, and the Additional Disposition of the Law No 111.
III. The Ministry of Economy and Public Finance is authorized through the General Treasury of the Nation (TGN), to issue and
to grant Non-Negotiable Treasury Bonds in favor of the Central Bank of Bolivia (BCB), to guarantee the credit mentioned in Paragraph I, at the written request of the Ministry of Industry and jointly with the Central Bank of Bolivia (BCB).
Article 28. (ISSUE OF SECURITIES).
I. Strategic Public Enterprises are authorized and those where the State has a majority share, issue securities
according to their future income.
II. The issue of securities will be authorized by Decree Specific Supreme.
III. Except for the compliance of Articles 33 and 35 of Law 2042 to Strategic Public Enterprises
created in the démarches 2010 and 2011.
IV. Strategic Public Enterprises will be able to issue securities up to once their equity, demonstrating that their future cash flow
is positive and will generate favorable liquidity and borrowing indicators.
V. The issuance of securities securities and debt service payment is the responsibility of the Maximum Executive Authority
and/or the Board of each issuer.
VI. The instances mentioned in Paragraph I shall send information to the Ministry of Economy and Public Finance
on their respective issues.
VII. The Executive Body through the Ministry of Economy and Public Finance, will issue the regulations required by the
operational and application of the issuance of securities, by the Strategic Public Enterprises and those where the State has a majority share.
Article 29. (EXTRAORDINARY TRANSFER OF RESOURCES FOR RUNNING
TELECOMMUNICATIONS PROJECTS). In the framework of the integrated policies for the development of the telecommunications sector, the Ministry of Public Works, Services and Housing is authorized to transfer from the resources of the National Program of Telecommunications of Social Inclusion (PRONTIS), 80% (Eighty per cent) in favour of the National Telecommunications Company? ENTEL S.A., and 20% (Twenty percent) in favor of State Television Company? BOLIVIA TV.
Article 30. (BOLIVIAN CONSTRUCTION COMPANY).
I. The Ministry of Economy and Public Finance (MEFP), through the General Treasury of the Nation (TGN), is authorized
issue and grant securities and/or any other instrument to support the guarantees that the Bolivian Enterprise of Construction (EBC) for advances received for the execution of works and other financial guarantees required for the performance of hiring conditions, up to a percentage equal to 30% (30%) of the value of the work contracted.
II. The Ministry of Public Works, Services and Housing will communicate to the Ministry of Economy and Public Finance
(MEFP), corresponding amounts for the respective issue of securities securities and/or any other instrument.
III. The Maximum Executive Authority of the Company Boliviana de Construcción (EBC), is responsible for the use of the
resources received as an advance and the restitution of the resources to the General Treasury of the Nation (TGN) in case of the execution of the securities securities and/or any other instrument, as well as the fulfillment of the contractual relationship.
IV. The Executive Body will regulate the application of this Article.
Article 31. (RENEGOTIATION OF COMMERCIAL AND FINANCING CONTRACTS).
I. In consideration of Law No. 180 of October 24, 2011, the Executive Body is authorized to renegotiate the contracts
commercial and financing signed for the construction of the Villa Tunari Road? St Ignatius of Moxos in the most favorable and least morose conditions possible in favor of the State.
II. The Executive Body by Supreme Decree will approve the new conditions that will be agreed upon. The total amount of funding approved will not be increased without the approval of the Plurinational Legislative Assembly.
III. The Ministry of Economy and Public Finance (MEFP) is authorized to incorporate into the General Budget of the State
the costs involved in the renegotiation of the contracts referred to.
Article 32. (RESOURCES FOR THE DEPARTMENTAL COMMUNITY SOLIDARITY PROGRAM ?
PROSOL). The Executive Body is authorized, through the Ministry of Economy and Public Finance (MEFP), after evaluation, to increase the General Budget of the State 2012, in an extraordinary and for the only time, resources from Saldos de Caja and Banks in the institutional budget of the Autonomous Departmental Government of Tarija, destined for the Departmental Communal Solidarity Program (PROSOL).
Article 33. (BOLIVIA CENTRAL BANK INTERNAL CREDIT IN FAVOR OF
BOLIVIA MINING CORPORATION ? COMIBOL).
I. The Central Bank of Bolivia (BCB) is authorized to grant an extraordinary credit of up to Bs5.332,050,000.-(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 production and industrialization of lithium carbonate, potassium chloride, and other products of the evaporitic chain, either as direct investment or capital contribution through a partnership with companies that provide technology, for the manufacture of cathode materials, electrolytes and ion-lithium batteries. 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 I 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, 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 Mining Corporation of Bolivia (COMIBOL), are of national priority in the framework of the National Development Plan and that future flows will be used for the payment of the credit indicated in this Article.
IV. Corresponds to the Ministry of Mining and Metallurgy, the assessment and monitoring of the credit resources to be
granted by the Bank Bolivia Central (BCB) in favor of the Mining Corporation of Bolivia (COMIBOL).
VI. The Mining Corporation of Bolivia (COMIBOL) is exempted from the effects and scope of the application of Articles 33
and 35 of Law No 2042 of 21 December 1999 on Budgetary Management.
Article 34. (ISSUANCE OF SECURITIES BY OFFSHORE OIL FIELDS
BOLIVIANS).
I. You authorize Yacimientos Petrolíferos Fiscales Bolivianos (YPFB), to issue securities according to your future income.
II. The issue of securities will be authorized by a specific Supreme Decree.
III. Yacimientos Petrolíferos Fiscales Bolivianos (YPFB), will be able to issue securities until once its patrimony,
demonstrating that its future cash flow is positive and will generate indicators of liquidity and favorable indebtedness.
IV. The issuance of securities and debt servicing is the responsibility of the Maximum Executive Authority
and/or Directory of Yacimientos Petrolíferos Fiscales Bolivianos (YPFB).
V. Yacimientos Petrolíferos Fiscales Bolivianos (YPFB), must submit information to the Ministry of Economy and Finance
Public (MEFP), on their respective issues.
VI. The Executive Body through the Ministry of Economy and Public Finance (MEFP), will issue the regulations that
requires the operation and implementation of the issuance of securities, by Yacimientos Petrolíferos Fiscales Bolivianos (YPFB).
Article 35. (RESOURCE USE AUTHORIZATION).
Executive through the Ministry of Economy and Public Finance (MEFP), transferring resources from the General Treasury of the Nation (TGN), to the Plurinational Legislative Assembly in the 2012 management, is exceptionally authorized to the Authority
corresponding to the amount of the institutional budgetary balances not executed or committed under heading 41100? Buildings?, at the end of the 2011 administration, the Vice Presidency of the State and the Plurinational Legislative Assembly, for the construction of the new building of the Plurinational Legislative Assembly of Bolivia.The investment project's budget record includes Personal Services and Consultations, which must
be entered through the Ministry of Public Investment and External Financing Vice-Ministry. Development Planning.
ADDITIONAL PROVISIONS
FIRST. Is incorporated as the second paragraph of Article 29 of Law No. 060 of 25 November 2010,
of Gaming and Lottery Games, the following text:?The Gaming and Social Control Authority of the Game, in any state of the process sanctioning, may adopt the following preventive measures: decommissioning, intervention or preventive comiso?
SECOND. The Financial Investigation Unit, at the request of the
Social Gaming Authority and Control
will transmit the information on the legitimization of illicit earnings of any person subject to their control.THIRD. Article 192 bis of Law No 2492 of 2 August 2003, Tax Code
Bolivia, with the following text:
I. Goods curated by illicit contraband will be monetised by the customs administration,
by means of auction or award to public institutions, within ten (10) days following the issuance of the intervention act. In case of a crime of smuggling, the auction or award will be made with written communication to the Prosecutor and to the Judge Instructor.
The monetization by awarding to public institutions, will be carried out on the value that is established by regulation.
The award to public institutions may be made free of charge when the commisated goods have either executed or firm judgment.
II. have a signed or a firm resolution and have not been able to be willing
by means of auction or award to public institutions, may be destroyed after evaluation of the customs administration, in order not to generate higher expenses to the State.
. Goods that are not fit for consumption shall be immediately destroyed by the administration
customs in the presence of a notary of public faith. In case of a crime of smuggling, the destruction will be carried out with written communication to the Prosecutor or Judge Instructor, not being necessary his presence during the act.?
fourth.Subparagraph (a) of Article 47 of Law No. 1488 of Banks and Financial Entities (Ordered Text) is replaced by the following text:? to) Financial institutions shall maintain a net worth equivalent to that of less than 10% (10%) of the total of its assets and quotas, weighted according to its risks. The Executive Body by means of a Supreme Decree may modify this percentage within a margin where the lower limit is 10% (10%). The change in this rate will take account of the prevailing conditions of the financial system, the macroeconomic situation and the external situation.
QUINTA. It is incorporated as Chapter VI of Title III of Law No. 843 (Current Ordered Text), the following
Article:
?CHAPTER VI
ADDITIONAL ALIQUOT TO UTILITIES
INTERMEDIATION ACTIVITY
ARTICLE 51 TER. THE UTILITIES OF BANKING AND NON-BANKING ENTITIES REGULATED BY THE
FINANCIAL SYSTEM MONITORING AUTHORITY, excluding second-floor banks, which exceed 13% (thirteen percent) the ratio of profitability to net worth, from the 2012 management, will be taxed with an additional aliquot of the Tax on the Utilities, of 12.5% (twelve point five percent), which will not be computable as a payment on account of the Transaction Tax. The procedure for applying this provision shall be governed by a Supreme Decree. ?
SIXTH. Article 2 of Law No. 3741 of 14 September 2007, according to the following
wording:
I. The mechanisms of operation, social management and evaluation of the Communal Solidarity Program
Departmental? PROSOL, will be established in an Operational Regulation, which will be approved by Departmental Law, on a proposal from the Executive Body of the Autonomous Departmental Government, agreed with the Single Trade Union Federation of Farm Communities of Tarija, its nine headquarters, the Single Federation of Peasant Workers of the Greater Chaco Autonomous Region, the Federation of Peasants of Bermejo and the parent organizations of indigenous peoples.
. If in the course of five (5) working days the Departmental Assembly does not approve the said regulation,
the same will be approved by the Departmental Executive Body, by means of express legal rule, to establish its validity.?
SEVENTH.
I. In the relationship of the processes of consultation and prior participation, free and informed for activities of the companies
strategic public, in process or future, the discussion of other topics that are not of competence of the Competent and other authorities not related to the implementation of the activity of the oil industry and other sectors, which cause delay in the subscription of the Convention of Validation of Agreements and prejudice the execution of the consultation process and participation in the conditions, time limits and terms which have been laid down in the Act of Understanding.
II. If all the conditions, deadlines and terms of the Act of Understanding for the implementation of the
consultation have been met, no subscription to the Agreement Validation Agreement will be reached for the reasons mentioned above. continue with the procedure for the elaboration and approval of the EEIA in accordance with the current regulations. As long as this process lasts, the Validation Convention can be signed.
EIGHTH.
I. Article 16 (c) of Law 1604 of 21 December 1994, of Electricity with the following text is amended.
?c) You may enter contracts for the sale of electricity with other generators or Distributors
subject to this Law.?
II. Article 19 (a) of Law No1604 of 21 December 1994, of electricity with the following
text:
? a) Plan the integrated operation of the National Interconnected System, with the objective of satisfy the
demand by reliable and minimal cost safe operation, prioritizing within the framework of the Constitution of the State, the supply to the home consumers and entities that provide public health services, education, public safety and public transport.?
TRANSIENT provisions
. On a transitional basis and up to the designation of Directors of the Public Gesture of Long Term Social Security as set out in Law No. 065 of 10 December 2010, the privileges of the Board of Directors The Ministry of Economy and Public Finance (MEFP) will be responsible for the long-term social security system, which will also have the powers of the public administration of long-term social security defined in the rules.
SECOND. The Executive Body is authorized through the Ministry of Economy and Public Finance (MEFP),
to make modifications to the operating budget of the Universidad Mayor de San Andrés (UMSA) and the Public University of El Alto (UPEA), includes Personal Services; with funding source 41? TGN transfers? and funding body 113? General Treasury of the Nation? Popular Participation?, emerging from the distribution of Tax Coparticipation resources.
FINAL PROVISIONS
FIRST.
I. As of January 1, 2012, the balances due and payments flows from the Public Sector as well as the accounts
related to the HIPC II Relief Program, will be converted from Housing Development Units? UFV? s a national currency (Bolivianos), using the exchange rates of 1 January 2012.
II. Article 3 Paragraph II of Law No 2434 of 21 December 2002 is repealed.
SECOND. The provisions contained in this Law, are adapted automatically, as soon as they are
applicable, to the new organizational structure and definition of public sector entities, emerging from the application of the Constitution State policy and other legal provisions.
THIRD. They remain in force for application in fiscal management 2012:
Articles 6, 7, 8, 13, 14, 15, 16, 17, 20, 22, 23, 24, 25, 28, 33, 37, 42, 43, 46, 47, 50, 53, 56, 62 and 63 of the State General Budget Act 2010.
Articles 5, 6, 7, 11, 13, and 19 of Law No 050 of October 9, 2010.
Articles 2, 3, 5, 6, 8, 9, 10, 11, 12, 15, 16, 18, 19, 22, 24, 25, 26, 27, 29, 30, 31, 33, 34, 35, and 37 of Law No. 062 of November 28, 2010.
Additional Provision First, Fifth, and Sixth of Law No. 111 of May 7, 2011.
Articles 4, 5, and 13 of Law No. 169 of September 9, 2011.
Article 10 of Law No. 3302 of 16 December 2005.
FOURTH.
I. Paragraph 63, paragraph 1, and Paragraph 1 of Paragraph 66 of Law No. 164 of
8 August 2011 are amended.
II. They are hereby repealed: Paragraph III of Article 62 and Paragraph II of Article 63 of Law No. 164 of August 8
2011
QUINTA. Article 3 of Law No 2556 of 12 November 2003 is repealed.
SIXTH. The Ministry of Foreign Affairs is authorized to cover the cost of passages and viatics of representatives
of Bolivia's Social Organizations duly accredited, only and exclusively in cases where the official events are in The subject of the People's Diplomacy, which should be regulated by Resolution Bi? Ministerial, issued by the Ministries of Foreign Affairs, and Economy and Public Finance.
SEVENTH. The Executive Body, by means of a Supreme Decree, will regulate this Law.
OPENING AND ABROGATORY DISPOSITION
ONLY. All provisions of equal or lower hierarchy, contrary to this Law, are opened and repealed.
The provisions contrary to this Law shall be without effect.
Remit to the Executive Body, for constitutional purposes.
It is given in the Session Room of the Plurinational Legislative Assembly, at twenty-one days of December
of the year two thousand eleven.
Fdo. René Oscar Martínez Callahuanca, Héctor Enrique Arce Zaconeta, Zonia Guardia Melgar, Carmen García
M., Esteban Ramírez Torrico, Ángel David Cortés Villegas.
Therefore, it is enacted to be and comply with the law of the State. Plurlinational of Bolivia.
Palace of Government of the city of La Paz, at the twenty-three days of the month of December of two thousand eleven years.
FDO. ALVARO GARCÍA LINERA, Carlos Romero Bonifaz, E. Viviana Caro Hinojosa, Luis Alberto Arce
cataclyora, Ana Teresa Morales Olivera, Walter Aremal Delgadillo Third, José Luis Gutiérrez Pérez, José Antonio Pimentel Castillo, Nila Heredia Miranda.
