Law Of The General Budget Of The State - Management 2012.

Original Language Title: LEY DEL PRESUPUESTO GENERAL DEL ESTADO – GESTIÓN 2012.

Read the untranslated law here: http://www.gacetaoficialdebolivia.gob.bo/index.php/normas/verGratis_gob2/139721

LAW Nº 211 law of 23 December 2011 ALVARO GARCIA LINERA President in exercise 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: law of the GENERAL budget of the State? 2012 Management chapter one General provisions article 1. (OBJECT). This law aims to approve the General State budget (PGE) in the public sector for 2012 fiscal management, and other specific provisions for the administration of public finances.
Article 2. (AGGREGATED AND CONSOLIDATED BUDGET). Approves the General State budget, for its entry into force during the Fiscal management from January 1 to December 31, 2012, for an aggregate total amount of Bs185.888.910.616-(hundred eighty and five thousand eight hundred eighty and eight million nine hundred ten thousand six hundred sixteen 00/100 Bolivian) and a consolidated Bs145.942.902.291.-(one hundred forty and five thousand nine hundred forty and two million nine hundred two thousand two hundred ninety-one 00/100 Bolivianos) According to details of resources and expenditure entered in the volumes I and II, attached.
Article 3. (FISCAL RESULT).
I within the framework of article 298 article II paragraph 23 of the political Constitution of the State, the ministries of Economics and public finance, and development planning, approved by Ministerial resolution, budget changes aimed at current spending or public investment, respectively, of the public entities that adversely affect the overall Public Sector fiscal result; except not executed donation external balances.
II. is excluded from the application of the preceding paragraph, to the autonomous municipal governments and public universities, in those intra-institutional budgetary transfers which adversely affect the fiscal outcome.

Article 4. (SYSTEMS OF FISCAL MANAGEMENT FOR THE ENTITIES OF THE PUBLIC SECTOR AND LEGAL VALIDITY).
They are formal systems of management tax the State multinational, the integrated system of management and administrative modernization (SIGMA) and the system of public management on Web platform, the same ones that are mandatory in all public sector institutions, as appropriate.
II. legal effects of determination of responsibilities, the information generated by the integrated system of management and administrative modernization (SIGMA) and/or public management on Web platform system, will have legal validity and evidential value as written documents.
III. the Ministry of economy and finance may authorise the temporary use of other systems, public sector entities that do not have access to official systems, upon presentation of the timetable for implementation of the same.
Article 5. (INVESTMENT INFORMATION SYSTEM). The information system (SISIN-WEB) investments of the Ministry of development planning, is the system of the plurinational State of investment management, and mandatory for Public Sector entities running investment projects.
Article 6. (PUBLIC-PRIVATE TRANSFERS).
I. is granted to the Executive branch transfer of public resources in cash or in kind and productive investment to economic organizations? productive, territorial organizations, private non-profit national, indigenous organizations originally peasant and natural persons, with the aim of stimulating the activity of development, food security, productive reconversion, education, health and housing, in the framework of the National Development Plan and sectoral plans. All the transfers mentioned above, the amount, use and destination of these resources will be authorized by Supreme Decree and must have specific regulations.
II. public entities that transfer public resources in cash or in kind to organizations economic?
productive, territorial organizations and natural persons, they must open their institutional budgets, programs, and activities that identify the economic sector, geographical location, beneficiary organization, legal status and amount to be transferred; same must be authorized by Supreme Decree.
III. the Development Fund for indigenous peoples, indigenous and rural communities? Do FDPPIOYCC?, may transfer public resources to the peoples and indigenous communities, indigenous and peasant women, and must open in its institutional budget programs and activities that enable the identification of the economic sector, geographical location, beneficiary organization and amount to transfer. The transfer must be authorised by express decision of the Ministry head of Sector.
IV. economic organizations? productive, territorial organizations, peoples and communities indigenous, native and peasant, as the final beneficiary, must inform the issuing entity on the use and destination of public resources, and in turn the issuing entity must register the implementation of resources corresponding information systems, of the Ministry of economy and public finance (GFSM), as well as the Ministry of development planning (MPD).
V. The Ministry of public works, services and housing, authorising transfers of public resources to the beneficiaries referred to in paragraph I of this article, for the payment of labor by building social housing, land acquisition, land State, communal or private social housing and for the improvement of social housing either directly or for the payment of labor , for which must have specific regulations.
VI. authorizing the Ministry of health and sports, transfers of public resources to beneficiaries payments of the? Bonus Juana Azurduy?.
Article 7. (TRUSTS).
I the order of assist and support the reconstruction of the national productive sector, respond to situations of rising prices, shortages, food insecurity, new productive enterprises, fostering the production and exports, through the development of public and private productive projects and programmes; It is authorized to the Executive Branch, set up trusts with financial institutions that are authorised, which must be approved by Supreme Decree.
II. are responsible for public resources in trust, the settlor entity and the entity responsible for the sectoral policy, and must the latter carry out monitoring and systematic control to the fulfillment of the purpose provided in the Constitutive Act and the legal provisions that had it, as well as issuing directives and guidelines with respect to trusts constituted by entities under their dependence or tuition and on those whose object or purpose are within the framework of its competences.
III. for purposes of registration, the trustee shall report the Constitution and half-yearly balance of the Heritage Trust to the Ministry of economy and public finances.

IV. entities carrying out tuition on institutions of the financial public sector and mixed economy companies authorized for the administration of trusts established with resources from the State, should be monitoring and systematic control over subscribed by these trusts in order to monitor their development, verify compliance with the legal provisions underpinning them and ensuring the proper management of funds held in trust within the framework of the objective established in the constituent instrument.
Article 8. (JUANA AZURDUY BOND FINANCING).
I we authorized the Central Bank of Bolivia monthly transfer to the Treasury General of the nation, part of the proceeds from the performance of net international reserves for bonus Juana Azurduy.
II. the Central Bank of Bolivia, once at the request of the General Treasury of the nation, will transfer on a priority basis the resources requested for this purpose.
III. for the fulfilment of the obligation established in the preceding paragraphs, exception of the Central Bank of Bolivia from the application of section 75 of the Act No. 1670 of October 31, 1995.
Article 9. (MANAGEMENT OF RESOURCES OF THE TGN ABROAD). It empowers the Ministry of economy and public finance (GFSM), investments of resources of the Treasury General 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 another financial institution to the Ministry of economy and public finance (GFSM) determine, according to the terms you set between the Vice-Ministry of Treasury and public credit with the Central Bank of Bolivia) BCB), or the financial institution established for the purpose.
Article 10. (PUBLIC DEBT THROUGH THE ISSUE OF SECURITIES IN CAPITAL MARKETS VALUE EXTERNAL).
I authorizing the Ministry of economy and public finance (GFSM), within the framework of the provisions of paragraphs 8 and

10 of paragraph I of article 158 and the article 322 of the political Constitution of the State, on behalf of the plurinational State of Bolivia, held operations of public debt in external capital markets in the amount of up to USD500.000.000.-(five hundred million 00/100 US dollars) or its equivalent in other currencies, to budget support.
II. is permitted to the Ministry of economy and finance recruitment directly at national and/or international level of legal advisory services and financial, and other specialized services related to the operation of public debt in foreign capital markets, pointed out in the previous paragraph.

III. the procedure for hiring established in the previous paragraph, will be approved by Ministerial resolution expresses of the Ministry of economy and public finances.
Article 11. (DOUBLE PERCEPTION).
I. the public sector entities, should have sworn statement certifying that the total revenue collected with public funds, income from the distribution system or payment of monthly contributions from your servers and line consultants, are not equal or superior to the President of the State multinational.
II. public entities, must submit monthly between magnetic and physical to the Vice-Ministry of Treasury and public credit under the Ministry of economy and finance, the forms of remuneration of its public servants and consultants, contemplating the co-benefits and diets, regardless of their source of financing.
III. persons who receive incomes of the distribution system or compensation of monthly contributions by the State, and require services paid in the Public Sector entities, they must previously obtain the temporary suspension of the benefit granted status, duration of the provision of services. Exception from this prohibition to the widows and dependants of the cast and monthly contributions compensation system.
IV. is excepted from the provisions of the preceding paragraph, to holders of the distribution system and pensioners time-share holders with payment of monthly contributions, providing service to chair at public universities.
V. In the fourth paragraph not apply those pensioners holders of mandatory Social Insurance long-term or the comprehensive pension system, whose latest remunerations, prior to his Pension application, be by teaching full time at public universities.
VI. payment of the old age solidarity fraction for holders of Pension in the comprehensive pension system, is incompatible with the remuneration in public or private functions.
VII. professional services of qualification of physicians enabled the authority of control and Control of pension and insurance (APS) to the article 70 of the law Nº 065 on December 10, 2010, are not incompatible with any activity, public or private, regardless of the hourly workload, or can be considered as an activity that generates double perception.
VIII. is authorised entities of the public sector, monthly grant financial compensation in favour of the hostesses and members of physical security that provide exclusive services to the highest executive authorities and public entities, the same that double perception of assets will not be considered.
IX. public servers, which receive monthly remuneration, not can enjoy diets, representation expenses or any other collateral benefit for his involvement or official representation in directories, councils, committees, commissions, funds, boards, or others under any name, except as provided expressly in the preceding paragraphs.
Article 12. (REGIME OF HOLIDAYS).
I. the use of vacation of public servants covered by the regime of the law of the Statute of the public official, may not accumulate for more than two consecutive efforts; exceptionally, the compensation of the holiday shall in the event of death of the civil servant in favour of his heirs, for reason of extinction of the entity, where there is a court ruling or judgment rendered.
II. the right to vacation in the regime of the General labour law, is subject in accordance with their provisions and related rules.
Article 13. (PROCEDURE OF LEGAL CONTINGENCIES).
I. obligations against the State declared legal or judicial, which are properly ordered, shall be communicated, by the entities concerned, or the competent authority, the Ministry of economy and finance, so perform forecasting and budget registration of expenditure heading? Legal contingencies? that it is established annually, in the case of the General Treasury of the nation's resources.
II. the public institutions who have rendered Judicial ruling payment obligations, to be covered with resources other than the Treasury General of the nation, must be entered in the game? Legal contingencies? in their institutional budgets and allocate resources according to its cash flow.
III. for the execution of obligations to sentence Justice rendered, public entities, spending they need verifiable, quantifiable, and recorded in the financial statements duly audited information. The Servicio Nacional de Patrimonio del Estado (SENAPE) is exempt from the presentation of financial statements, only in cases of dissolved or liquidated entities.
IV. the judicial authorities and administrative governing the fulfilment of these obligations, should consider provisions of the previous paragraphs, to define the modalities of implementation.




Article 14. (BUDGET OF FUNCTIONING OF THE PUBLIC UNIVERSITY OF THE ALTO). They are sources of financing of the public University of the high, the following: ordinary grant.-shall be regarded as calculation basis the budget management 2011, reaching Bs50.177.675.-(fifty million hundred seventy-seven thousand six hundred seventy and five 00/100 Bolivianos).

Tax partnership.

Own income.

International cooperation.

Bequests and donations.
Article 15. (AMOUNTS COLLECTED BY THE REGULATORY AUTHORITY AND OVERSIGHT OF TELECOMMUNICATIONS AND TRANSPORT).
I. the amounts collected by the authority for the regulation and control of telecommunications and transport (ATT), payments for rights of allocation and use of frequencies, fines, auction of goods, execution of warranty cards and surplus transfers to new holders, will be allocated to the national programme of telecommunications of Social Inclusion (PRONTIS), under the Ministry of public works Services and housing, after deduction of the payment of obligations to the International Telecommunications Union (ITU) and the resources that demand investment for the control of the radio spectrum, which shall be transferred to the single account of the General Treasury of the nation.
II. income from rates of control and regulation, as well as other specific resources who perceives the authority for the regulation and control of telecommunications and transport (ATT), shall be deposited in the single treasury account (CUT). The amounts and forms of payment of the fees of control and regulation, will be established through regulation, according to that described in paragraphs 1 to 5 of the first paragraph of article 63 of the law No. 164 of August 8, 2011.
III. the Treasury General of the nation will provide the authority for the regulation and control of telecommunications and transport (ATT) resources that correspond to the performance of their duties, in accordance with their financial availability.
Article 16. (FUND FOR THE ENDOWMENT OF INFRASTRUCTURE).
I. the resources generated by the sale of the goods mentioned in the following paragraphs, shall be paid at the single account of the Treasury (CUT), in order to constitute a non-refundable Fund administered by the Ministry of economy and public finance (GFSM), aimed at the provision and improvement of the infrastructure for the Executive branch of the central level of the State with the exception of the Bolivian police and armed forces.
II. is permitted to the Treasury General of the nation (TGN) through the Ministry of economy and public finance (GFSM) and through the Servicio Nacional de Patrimonio del Estado (SENAPE), sell real estate that were delivered, product of the process of liquidation of the Bank Sur S.A., Cochabamba S.A. and BIDESA S.A. III. The liquidator intendant of the banks Sur S.A., Cochabamba S.A. is authorized and sell international de Desarrollo S.A., according to regulations, the real and personal property that were not yet transferred to the Treasury General of the nation (TGN).
IV. the central level of the State executive organ, must regulate this article within one period not exceeding sixty (60) days from the enactment of this Act.
Article 17. (DOMESTIC CREDIT FROM THE CENTRAL BANK OF BOLIVIA FOR YACIMIENTOS PETROLÍFEROS FISCALES BOLIVIAN).
I is allowed to the Central Bank of Bolivia (BCB), an extraordinary credit of up to Bs9.100.000.000.-(nine

One hundred billion Bolivianos 00/100), in favour of deposits oil Fiscales Bolivianos (YPFB) on concessional terms, in order to finance projects of industrialization in the hydrocarbon sector. For this purpose, 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 Yacimientos Petrolíferos Fiscales Bolivianos (YPFB), hire the referral credit preceding with the Central Bank of Bolivia (BCB), whose guarantee will be constituted exclusively by the authorization of debit any accounts that Yacimientos Petrolíferos Fiscales Bolivianos (YPFB) possess or purchase.
III. the Ministry of hydrocarbons and energy, evaluation and monitoring of the resources of the credit to be granted by the Central Bank of Bolivia (BCB) in favor of deposits oil Fiscales Bolivianos (YPFB).
Article 18. (INVESTMENTS IN INDUSTRIALIZATION PROJECTS).

I plants liquid separation of Rio Grande and Gran Chaco, plants of Liquefied Natural Gas (LNG) and petrochemical deposits Petrolíferos Fiscales Bolivianos (YPFB) plants, found within the activity of refining and industrialization of the hydrocarbon chain. The revenues generated by the plants, will be used exclusively by Yacimientos Petrolíferos Fiscales Bolivianos (YPFB), to ensure its operation, service the debt and investments in refining and industrialization projects and 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 price of the net internal market of the value added tax (VAT).
Article 19. (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 Bs245.000.000.-(two hundred forty and five million Bolivians 00/100), in favour of the company sugar San Buenaventura (EASBA), on concessional terms, in order to finance productive investment projects. 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 company sugar San Buenaventura (EASBA), hire the previous referral credit with the Central Bank of Bolivia (BCB).
III. is the Ministry of productive development and Plural economy, evaluation and monitoring 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. authorizing 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 sector and shaped jointly with the Central Bank of Bolivia (BCB).
V. Except 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.
VI. the 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 20. (EXTINCTION OF THE TRUST GRANTED THE SUGAR COMPANY TO SAN BUENAVENTURA - EASBA).
I is authorised to San Buenaventura sugar company (EASBA) to reimburse the Ministry of economy and finance, resources transmitted by this Ministry in the framework of the third Final provision of the Supreme Decree No. 772 of January 19, 2011, with resources from and authorized in article 9 of the law N ° 50 of 9 October 2010.
II. authorizing the company sugar San Buenaventura (EASBA) request a disbursement in the framework of the credit granted by the Central Bank of Bolivia (BCB), for the purpose of reimbursing the Ministry of economy and finance (GFSM), the resources provided at the disposal end third of the Decree Supreme No. 772, January 19, 2011, for which determines the extension of the object, use and purpose of funds 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 sugar company San Buenaventura will sign the corresponding addendum.
III. having been the repayment of the trust authorized by the available resources third end of the Supreme Decree No. 772 of January 19, 2011, will be the extinction of the same in accordance with the contractual and operational conditions laid down in the relevant legal instruments.
Article 21. (EXTRAORDINARY TRANSFER OF RESOURCES TO NON-DEPARTMENTAL GOVERNMENT). To ensure operation or departmental autonomous governments in the 2012 management investments, is authorized to the Executive Branch, transfer resources from dramatically, those (former prefectures) governorates whose income approved in management 2008, by concept of special tax on hydrocarbons and their derivatives (IEHD) and compensatory departmental Fund (CDF), which have represented more than 50% of the total income by royalties mining and hydrocarbon CDF, IEHD and HDI.
Article 22. (RESOURCES THAT FINANCE THE THIRD LEVEL OF HEALTH ESTABLISHMENTS).
I authorizing the Executive branch through the Ministry of economy and public finance (GFSM) incorporate prior assessment, in the General budget of the 2012 State, the institutional budget of revenue and expenditure of the departmental autonomous governments, earmarked for the operation, as well as expenditures on medications, supplies, equipment and other supplies, the third level of health care establishments that are under its jurisdiction, to ensure the continuity of the service.
II. exceptionally, the Governments autonomous municipal of La Paz, Santa Cruz de la Sierra and Cochabamba, should allocate the necessary resources to ensure the operation, as well as spending on medications, supplies, equipment and other supplies, the establishments of third level of health care, which are under its jurisdiction, while it completed the process of transfer of competence exercise in these municipalities; for which is authorized to the Executive branch through the Ministry of economy and public finance (GFSM), incorporated in the General budget of the State? PGE 2012, following evaluation, institutional budget of revenue and expenditure of the aforementioned municipalities.
Article 23. (FUNDING FOR ELECTORAL PROCESSES BY INTERRUPTION IN MANDATE). Funding for electoral processes of autonomous territorial entities, regardless of the electoral timetable expressly approved by law, must be economically assumed by the entities involved, within the framework of the article 208 of the political Constitution of the State.
Article 24. (LIQUIDATION OF THE FORMER MANAGERS OF SOCIAL SECURITY BODIES).
I former local managers of the Security Social who administered the invalidity, old age, retirement, death and occupational hazards insurance long-term ancient distribution system, currently under the administration of the plurinational State, will keep its legal personality only for the purpose of its closure and liquidation.
II. the process of closure and liquidation of the former Social security management bodies will be carried out by the liquidator appointed by the maximum authority Executive of the Ministry of economy and public finance (MEFP).
Article 25. (CONCILIATION OF DEBTS OF PUBLIC ENTITIES WITH THE TREASURY GENERAL OF THE NATION).
I. the Ministry of economy and finance public (GFSM), through the Vice-Ministry of Treasury and public credit shall initiate a conciliation process with public entities that remain unpaid debts of previous efforts in the portfolio of the Treasury General of the nation and must have to effect technical, legal reports and other supporting, authorizing public debtor institutions documents reconcile with such a portfolio of State.
The conciliation process should include among other things, the signing of a debt recognition agreement to concretize in one period of no more than 10 months from the entry into force of the regulation described in the fifth paragraph of this article, which determine amounts, deadlines, and other aspects concerning the recovery of public funds.
II. in the event that public entities do not satisfy or not concretaren the efforts of conciliation within the time

provided for in the preceding paragraph may be following a report of the Deputy Minister of the Treasury and public credit, and conformity of its maximum authority Executive, legal and technical to debit the tax accounts of public debtor, the amounts that allow to recover the debts that keep them with the Treasury General of the nation (TGN).

III. is authorised only in case of agreement of recognition of debt and the Ministry of economy and public finance (GFSM) waive the unpaid accrued interest that had generated until the moment of the signing of the above-mentioned Convention by the responsible public entities.
IV. remission of interests referred to in the previous paragraph shall also apply in cases in which the date the Vice-Ministry of Treasury and public credit performs automatic debits to indebted public entities, provided the corresponding debt recognition agreement to subscribe.
V. This article shall be regulated by the Executive Body in not later than 60 days after the entry into force of this law.
Article 26. (AUTOMATIC DEBIT).
I authorizing the Ministry of economy and public finance (GFSM), perform automatic debits in favour of entities receiving or implementing programmes and projects, when they so request, in order to ensure compliance with the obligations and powers assigned to public entities, in accordance with current regulations; as well as for damage caused to the State heritage.

II. authorizing the Ministry of economy and public finance (GFSM), quarterly fiscal of public accounts, debit the additional resources disbursed for specific expenses, supply and Agency (10-111) and (41-111) from the General Treasury of the nation, which were committed not accrued according to established schedule; must be carry out the budgetary effects that correspond to its 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 contracts on investment projects that are published in the SICOES.
III. is authorised the Ministry of economy and public finance (GFSM), carry out the automatic debit to public entities that they receive wages that are not within its competence according to current regulations. The debit will be carried out is prior justification technical and legal, and at the request of the affected entity, for subsequent evaluation of the Ministry of economy and public finance (MEFP).
IV. is authorised the Ministry of economy and public finance (GFSM) debit quarterly of the fiscal accounts of public entities, uncommitted resources, or accrued with source and body (10-111) and (41-111) General Treasury of the nation. Do these resources will be reassigned budgetary and financially to the program? Does Bolivia change?, empowering the beneficiary entities, run through the mode of direct contracting of goods and services. This provision does not apply to investment projects that are published in the SICOES.

V. It is authorized to the Ministry of economy and public finance (GFSM), perform automatic debit in favor of local autonomous governments affected by the implementation of new distribution factors, approved by the Ministry of autonomy, prior conciliation between the involved municipalities and at the request of the beneficiary, canalized municipality through the concerned Ministry.
Article 27. (DO DOMESTIC CREDIT FROM THE CENTRAL BANK OF BOLIVIA? BCB, IN FAVOR OF THE NATIONAL COMPANY OF ELECTRICITY? ENDE).
I expands during the Fiscal 2012, the validity of article 8 of the law N ° 50, modified by article 13 of law N ° 62, with regard to the resources of the authorized credit in favour of the Empresa Nacional de Electricidad (ENDE), which had not been committed until December 31, 2011.
II. to this effect, is excepted to the Empresa Nacional de Electricidad (ENDE), the application of articles 33 and 35 of the law No. 2042 of budgetary management and existing remains the sixth additional provision of law N ° 111.
III. is authorised the Ministry of economy and finance through the General Treasury of the nation (TGN), issue and give bonds the Treasury not negotiable in favor of the Central Bank of Bolivia (BCB), to ensure the credit mentioned in paragraph I, at the written request of the Ministry head of industry and jointly with the Central Bank of Bolivia (BCB).
Article 28. (ISSUE OF SECURITIES VALUE).
I may be the strategic public enterprises and those where the State has a majority stake, issue titles value according to their income in the future.
II. the issue of value, shall be authorized by specific Decree.
III. except the compliance of articles 33 and 35 of law No. 2042 to the strategic public enterprises created in management 2010 and 2011.
IV. strategic public enterprises may issue securities value until after its heritage, demonstrating that its future cash flow is positive and that they will generate favorable indicators of liquidity and debt.
V. The issue of value and the payment of the debt service is the responsibility of the maximum executive authority and/or the directory of each issuer.
VI. the authorities mentioned in paragraph I shall send information to the Ministry of economy and finance on their respective emissions.
VII. organ Executive through the Ministry of economy and public finances, will issue the regulation that requires the operation and implementation of the issue of securities value, by the strategic public enterprises and those where the State has majority shareholding.
Article 29. (EXTRAORDINARY TRANSFER OF RESOURCES FOR THE IMPLEMENTATION OF PROJECTS OF TELECOMMUNICATIONS). Within 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% (eighty percent) in favor of the national company of telecommunications? ENTEL S.A., and 20% (twenty per cent) in favour of State-owned Television Company? BOLIVIA TV.
Article 30. (COMPANY BOLIVIANA DE CONSTRUCTION).
I may be the Ministry of economy and public finance (GFSM), through the General Treasury of the nation (TGN), issue and award degrees value or any other instrument to support guarantees that subscribes the Bolivian construction company (EBC) for advances received for the execution of works and other financial guarantees required for the fulfillment of terms and conditions , up to a percentage equal to thirty percent (30%) of the value of the contracted work.
II. the Ministry of public works, services and housing shall inform the Ministry of economy and public finance (GFSM), the corresponding amounts for the respective issue of value securities or any other instrument.
III. the company Boliviana de construction (EBC) Executive authority, is responsible for the use of resources received as advance payment and the return of resources to the Treasury General of the nation (TGN) in case running titles value or any other instrument, as well as the fulfilment of the contractual relationship.
IV. the Executive Body shall regulate the application of this article.
Article 31. (RENEGOTIATION OF COMMERCIAL CONTRACTS AND FINANCING).
I. in consideration of the law No. 180 of 24 October 2011, is authorized to the Executive Body renegotiate the financing and commercial contracts for the construction of the Villa Tunari road? San Ignacio de Moxos in the more favourable and less delinquent conditions in favor of the State.

II. organ Executive by Supreme Decree approved new conditions that are agreed upon. The total amount of approved funding will not be increased without the approval of the plurinational Legislative Assembly.
III. is authorised the Ministry of economy and public finance (GFSM), incorporate in the General State budget costs that involve the renegotiation of the contracts concerned.
Article 32. (RESOURCES FOR THE DEPARTMENTAL COMMUNITY SOLIDARITY PROGRAM?
PROSOL). It is authorized to the Executive Branch, through the Ministry of economy and finance public (GFSM), preliminary assessment, increase the General budget of the 2012 State, in an extraordinary way and one-time proceeds from box balances and banks in the institutional budget of the autonomous State Government of Tarija, destined to the programme solidarity community departmental (PROSOL).
Article 33. (DO DOMESTIC CREDIT FROM THE CENTRAL BANK OF BOLIVIA IN FAVOR OF THE CORPORACIÓN MINERA DE BOLIVIA? COMIBOL).
I is allowed to the Central Bank of Bolivia (BCB), granting an extraordinary credit of up to Bs5.332.050.000.-(five thousand)

Three hundred thirty-two million fifty thousand 00/100 Bolivianos), in favour of the Corporation Minera de Bolivia (COMIBOL), on concessional terms, to ensure that their national management of evaporite resources to invest in the production and industrialization of lithium carbonate, potassium chloride, and other products of the evaporitica chain, either as direct investment or capital contribution through a partnership with companies that provide technology , for the manufacture of cathode, electrolyte and lithium-ion battery materials. For this purpose, is excepted to the Central Bank of Bolivia (BCB) of the application of articles 22 and 23 of the law No. 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, 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 Mining Corporation of Bolivia (COMIBOL), 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.
IV. the Ministry of mining and metallurgy, the evaluation and monitoring of the resources of the credit to be granted by the Central Bank of Bolivia (BCB) in favor of the Mining Corporation of Bolivia (COMIBOL).

V. It empowers the Ministry of economy and public finance (GFSM) through the General Treasury of the nation (TGN), to 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 the entity for the Mining Corporation of Bolivia (COMIBOL) at the written request of the Ministry head of industry and jointly with the Central Bank of Bolivia (BCB).
VI. is excepted to the Mining Corporation of Bolivia (COMIBOL) of the effects and scope of application of articles 33 and 35 of law No. 2042 of 21 December 1999 on budgetary management.

Article 34. (ISSUE OF SECURITIES BY YACIMIENTOS PETROLÍFEROS FISCALES BOLIVIAN VALUE).
I permitted to Yacimientos Petrolíferos Fiscales Bolivianos (YPFB), issue titles value according to their income in the future.
II. the issue of value, shall be authorized by specific Decree.
III. Yacimientos Petrolíferos Fiscales Bolivian (YPFB), may issue securities value until after its heritage, demonstrating that its future cash flow is positive and that they will generate favorable indicators of liquidity and debt.
IV. the issue of value and the payment of debt service is the responsibility of the maximum executive authority and/or directory sites oil Fiscales Bolivianos (YPFB).
V. Yacimientos Petrolíferos Fiscales Bolivianos (YPFB), should send information to the Ministry of economy and public finance (GFSM), on their respective emissions.
VI. the Executive branch through the Ministry of economy and public finance (GFSM), shall issue the regulation that requires the operation and implementation of the issue of securities value, by deposits Petrolíferos Fiscales Bolivianos (YPFB).
Article 35. (AUTHORIZATION OF USE OF RESOURCES). Is granted by way of exception to the Executive branch through the Ministry of economy and public finance (GFSM), transfer resources from the General Treasury of the nation (TGN), the plurinational Legislative Assembly management 2012, corresponding to the amount of institutional budget balances not executed or committed 41100 heading? Buildings?, at the close of 2011 management, the Vice President of the State and the plurinational Legislative Assembly, for the construction of the new building of the Bolivia plurinational Legislative Assembly.
The budget of the investment project includes personal services and consultancies, which must be registered through the Vice-Ministry of public investment and external financing, dependent on the Ministry of development planning.
ADDITIONAL PROVISIONS FIRST. Is incorporated as the second paragraph of article 29 of the law N ° 060, 25 November 2010, game Lottery and gaming, the following text:? The authority of control and Control Social game, in any State of the sanctioning process, may take the following preventive measures: closing, intervention or preventive seizure?.
THE SECOND. Research financial unit, at the request of the authority of control and Social Control of the game, will send the information on the legitimizing of illicit profits of any person subject to his control.
THIRD. Amending article 192 bis of law No. 2492 of 2 August 2003, Bolivian tax code, with the following text:? I comisadas for smuggling illicit goods will be monetizadas by the customs administration, by auction or allocation to public institutions, within a period of ten (10) days after the issuance of the Act of intervention. In the case of a crime of smuggling, the auction or adjudication will be made with communication written to the Prosecutor and judge Instructor.
Monetization through allocation to public institutions, will depend on the value that is set by regulation.
The award to public institutions may be free of charge when comisadas goods have enforceable judgement or firm resolution.
II. goods which are enforceable sentence or firm decision and which could not have been arranged through auction or allocation to public institutions, will be destroyed following evaluation of the customs administration, in order to not generate higher costs to the State.
III. the goods which are not fit for consumption shall be destroyed immediately by the Customs Administration in the presence of notary of public faith. In case of crime of smuggling, the destruction will be made with written communication to the Attorney or judge Instructor, not requiring your presence during the event.?

-FOURTH. ((Se sustituye el Inciso a) of article 47 of law No. 1488 of banks and financial institutions (text ordered), by the following text:? to) financial institutions must maintain an equity equal to at least ten per cent (10%) of the total of its assets and contingent, weighted according to their risk. The executive body by Supreme Decree may modify that rate within a range where the lower limit is ten percent (10%). Will the modification of this percentage proceed depending on the prevailing conditions of the financial system, the macroeconomic situation and the external situation.?
QUINTA. Be incorporated as Chapter VI of title III of the law N ° 843 (text ordered existing), the following article:? Chapter VI ALIQUOT additional to the utilities of the activity of BROKERING financial article 51 ter. Profits of banks and non-bank financial institutions governed by the financial system Supervision Authority, except the banks of second floor, exceeding 13% (thirteen per cent) of the coefficient of return on equity, based on the 2012 management, shall be taxed with an additional tax on the profits of enterprises, 12.5 aliquot % (twelve point five percent) which will not be computable as a payment on account of tax to transactions. The procedure for the application of this provision will is regulated by Supreme Decree. ?
6TH. Complements the article 2 of the law No. 3741 of September 14, 2007, according to the following wording:? I. mechanisms of operation, social management and evaluation of the departmental community solidarity program? PROSOL, shall be established in an operating regulations, which will be approved by departmental Act, on the proposal of the Executive the governing body autonomous Department, agreed with the single Trade Union Federation of peasant communities of Tarija, their nine Central, the single Federation of workers peasants of the Region autonomous Gran Chaco, the Federation of peasants of Bermejo and parent of the indigenous peoples organizations.
II. If in the course of five (5) business days the departmental Assembly not approve the referred regulation, it will be approved and the departmental executive body, through standard legal Express, establish its validity by.?

SEVENTH.
I in the relationship of the processes of consultation and prior, free and informed participation for strategic public enterprises, pending or future activities, discussion of other issues not falling within competence of the competent authority and other not related to the implementation of the hydrocarbon activity and other sectors, which cause delay in the signing of the Convention of validation of agreements and harm the process of consultation and participation shall not be allowed the conditions, terms and terms that have been established in the Act of understanding.
II. If having complied with all the conditions, periods and terms of the Act of understanding for the implementation of the

consultation, not reaching the signing of the Convention of validation of agreements for the aforementioned reasons, we will continue with the procedure for the preparation and approval of the EIA in accordance with the regulations in force. While it lasts this process can sign the agreement of validation.
THE EIGHTH.
I. amending subparagraph (c)) of article 16 of the 1604 Act of December 21, 1994, of electricity with the following text.
(?c) can sign contracts to purchase sale of electricity with other generators or distributors subject to this law.?
((II. Se modifica el inciso a) of article 19 of the law No1604 of 21 December 1994, of electricity with the following text:? to) planning the integrated operation of the interconnected national system, in order to meet the demand through a safe reliable operation with minimum cost, priority in the framework of the provisions of the political Constitution of the State the supply to the consumers home and entities that provide public services of health, education, safety citizen and public transportation.?

TRANSITIONAL PROVISIONS FIRST. Temporarily and until the appointment of Directors of the Manager public of the Security Social long term pursuant to law No. 065 on December 10, 2010, the powers of the Board of the public management of Social Security's long term will be assumed by the Ministry of economy and finance public (GFSM), who will also have the powers of Constitution of the public management of Social Security's long term defined in regulation.
THE SECOND. Authorizing the Executive branch through the Ministry of economy and public finance (GFSM), modifications to the operational budget of the Universidad Mayor de San Andrés (UMSA) and the public University the high (UPEA), includes personal services; with 41 funding source? Transfers TGN? and sponsor agency 113? Treasury General of the nation? Popular participation?, emerging tax sharing resources distribution.

FINAL PROVISIONS FIRST.
Do i starting from January 1, 2012, the balances and flows of payments from the Public Sector as well as the HIPC II relief programme-related accounts, will be converted building of housing units? UFV? s national currency (Bolivians), using the rates of Exchange from January 1, 2012.
II. repealing paragraph II of article 3 of the law N ° 2434, of December 21, 2002.
THE SECOND. The provisions contained in this Act, be suited automatically, insofar as they are applicable to the new organizational structure and definition of the public, emerging sector from the application of the political Constitution of the State and other legal provisions.

THIRD. Remain in force for application in 2012 fiscal management: 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 law of the General budget for the 2010 State.

Articles 5, 6, 7, 11, 13 and 19 of the law No. 050 on 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 the law Nº 062 of November 28, 2010.

Provision additional first, fifth and sixth of the law Nº 111 on May 7, 2011.

Articles 4, 5 and 13 of Act No. 169 of 9 September 2011.

Article 10 of the law No. 3302 of 16 December 2005.


-FOURTH.
I are modified the paragraph I of article 63 and the Numeral 1 of the paragraph I of article 66 of the law No. 164 of August 8, 2011.
II. be repealed: paragraph III of article 62 and the second paragraph of article 63 of the law No. 164 of August 8, 2011.
QUINTA. Repealing the article 3 of law No. 2556 on November 12, 2003.
6TH. Is granted to the Ministry of Foreign Affairs cover the cost of travel and per diem of duly accredited representatives of social organizations in Bolivia, only and exclusively in cases where official events are in the field of diplomacy of peoples, same which shall be regulated by resolution Bi? Ministerial, issued by the ministries of Foreign Affairs, and economy and public finances.
SEVENTH. The Executive Branch, by means of Supreme Decree will regulate this law.

SOLE ABROGATION AND REPEAL PROVISION. They abrogate and repealing all provisions of equal or lower hierarchy, contrary to the present law.
Void provisions contrary to this law.
Refer to the Executive Branch, for constitutional purposes.
Two thousand eleven is given in the room of sessions the Assembly Legislative plurinational, twenty-one days of the month of December of the year.
FDO. Rene Oscar Martinez Callahuanca, Hector Enrique Arce Zaconeta, Zonia guard Melgar and Carmen García M., Esteban Ramirez Torrico, Angel David Cortés Villegas.
I therefore enacted it is and meets as a law of the Plurlinacional State of Bolivia.
Government Palace of the city of La Paz, at twenty-three days of the month of December of two thousand eleven years.
FDO. ALVARO GARCIA LINERA, Carlos Romero Bonifaz, E. Viviana Caro Hinojosa, Luis Alberto Arce Catacora, Ana Teresa Morales Olivera, Juvenal Walter Delgadillo third, Jose Luis Gutierrez Perez, José Antonio Pimentel Castillo, Nila Heredia Miranda.