law no 163
LAW OF AUGUST 8, 2011
EVO MORALES AYMA
CONSTITUTIONAL PRESIDENT OF THE PLURINATIONAL STATE OF BOLIVIA
For the Plurinational Legislative Assembly, it has The following Act:
THE PLURINATIONAL LEGISLATIVE ASSEMBLY,
Article 1. (Object). This Law aims to create mechanisms that allow the National Social Housing Fund's
ex-FONVIS) National Housing Fund, the recovery of balances owed by housing solutions, to the National Social Housing Fund. certification in favour of successful and successful bidders, financial reconciliations, the recovery of contributions due to the social housing scheme and, the legal technical reorganisation of housing estates for their registration in Royal Law Offices at the level national.
Article 2. (Titling of Adjudicators and Occupants and Payment of Portfolio with Profit).
I. For the title of housing solutions and portfolio recovery, the adjudicators and occupants will be subject to the
The adjudicators and occupants in solutions The housing of the former FONVIS in Liquidation, with a compulsory nature, must pay for its own contribution, the ten percent (10%) established in the approved cost structure, until 31 October 2011.
In addition to the amount referred to in point (a), the successful and in-execution process and the occupants, in order to consolidate their proprietary rights, may benefit, until 31 October 2011, from a exceptional payment of twelve point five per cent (12.5%) of the current capital balance, which shall be recognised as a total payment of the debt, in the form of common interest, penalties and fines.
Occupants and adjudicators who would not have made the contributions of one percent (1%) labor and two percent (2%) employer to the social housing regime, must cancel an additional payment equivalent to three percent (3%) Twenty-four (24) national minimum wages in force at the date of their liquidation.
The occupants, for recognition as successful tenderers, shall accredit their peaceful possession for a time not less than two (2) years prior to your request. In the case of the original adjudicators, for their degree, it is sufficient to verify that they were not benefited by housing solution by social housing institutions.
II. The successful tenderer or occupant who has not complied with the conditions mentioned in paragraph I of this Article,
shall be subject to the following:
With regard to the successful tenderer, the award which was made by minute of award or deed shall be resolved in full. public and/or the award of the award made by administrative act shall be revoked entities absorbed by the former FONVIS in Liquidation.
With respect to the occupant, its right to be recognized as a successful tenderer shall be extinguished.
III. In the cases referred to in paragraph II of this Article, consolidate in favor of the Unit of Titulation of the
National Social Housing Fund (ex FONVIS in Liquidation), in quality of repair of damages, improvements and constructions made and the amount to capital that they have paid, for the referred Unit to perform a new award.
IV. New In no case will the housing solution be resolved or revoked,
should be allocated to families of scarce economic resources, prior to the fulfilment of minimum award requirements outlined in the Rules of the former FONVIS in Liquidation; the National Social Housing Fund (ex FONVIS) Titling Unit shall award the housing solution through Administrative Resolution, with the beneficiary having to pay within thirty years (30) calendar days to be computed from the notification with the settlement payment, the following:
Ten percent (10%) per input of their own.
Twelve point five percent (12.5%) on the value of the building that includes improvements and builds, and
Three percent (3%) of twenty-four (24) minimum wages national, corresponding to the contributions to the housing regime.
V. The payment of the own contribution of ten percent (10%) and of the balance to the capital of the twelve point five percent (12.5%)
corresponding to the adjudicators and occupants in housing solutions may be carried out under the following Modes:
10% Own Input Payment (10%) according to paragraph 1 (a) of this Article.
Payment in shares of the current capital balance of twelve point five percent (12.5%) within the time limit set out in paragraph 1 (a) of this Article.
Article 3. (conciliation with the intermediary financial institutions).
I. Is granted to the Intermediate Financial Institutions? IFIs that brokered resources of the former FONVIS in
Liquidation, a period of ninety (90) calendar days, since the publication of this Law, to carry out the technical-legal and financial reconciliation of the projects under Contracts of Credit Risk, Trust and/or Delegate Administration, the reconciled amounts should be paid according to the following:
The balances resulting from the financial reconciliation must be deposited within fifteen (15) calendar days, computable from the date of subscription of the Conciliation Act, in the current account of the Unit of Title of the National Social Housing Fund (ex FONVIS in Liquidation), in national currency, at the exchange rate prevailing at the date of subscription of the said Acta.
In the event of non-compliance with the payment within the period specified in the A fine equal to the average effective interest rate of the subsystem to which the IFI belongs, for operations in foreign currency, published by the Central Bank of Bolivia? BCB, annual rate to be applied on the total amount due, prorated by the delay days computed from the subscription of the Conciliation Act up to the date of payment.
The reconciliations will not recognize in favor of the IFI? s no additional amount for administration of resources, portfolio, court or other expenses that have not been expressly agreed with the FONVI, FONVIS and ex-FONVIS in Liquidation.
II. Ninety (90) calendar days referred to in paragraph I of this Article, for
to carry out the reconciliation, the balances and interests determined by the National Social Housing Fund (ex-FONVIS in Liquidation) Unit, which must be deposited in the current account of the aforementioned tax account, shall be taken as valid. Unit within five (5) calendar days, from the official notification with the respective requirement. In the event of non-compliance, will be an interest equal to the average effective interest rate of the subsystem to which the IFI belongs, for foreign currency operations, published by the Central Bank of Bolivia? BCB, and the corresponding court actions will be brought in for recovery.
III. For financial reconciliations the following criteria shall apply:
In the case of signed trust contracts with the Central Bank of Bolivia? BCB must return the National Social Housing Fund (ex FONVIS), the entire capital held at the Bank and the Mutuals line.
Financial reconciliations with IFI? s recognize only resources financed by FONVI-FONVIVI; in case of financing with own resources of the IFIs or other and/or merger of accounting accounts, the financial costs or losses generated by the application of the laws of payment exceptional, they are of their entire responsibility, consequently all amortization carried out by the successful tenderers and/or borrowers in the portfolio recovery and interest-bearing accounts generated by FUNVI-FONVIS,
consolidate in their entirety in favor of the National Social Housing Fund's (ex-FONVIS) National Housing Fund's (ex-FONVIS) Title Unit.
IV. In projects funded by FONVI-FONVIS, financial reconciliations will not recognize costs and expenses for
Current interests, penalties and fines waived to the successful bidders, in the Case that the IFIs have not initiated legal actions for the recovery of the delinquent portfolio, corresponding to the contracts under the credit risk modality.
Commissions for disbursements for purchase of land, which are not stipulated in the escrow contracts.
V. The balances of the reconciliations due to financing granted by the former FONVIS in Liquidation, for the execution of
social housing projects, whose Financial Conciliation Acts are subscribed prior to the publication of this Law, between the Unit of Titulation of the National Fund for Social Housing (ex FONVIS in Liquidation), and the IFIs, shall be deposited in full in the current account of the creditor entity to be determined, agreement to the official exchange rate in force on the date of subscription of the minutes of the respective conciliation, within ten (10) working days of the validity of this legal provision. In the event of non-compliance, will it be of interest equal to the average effective interest rate of the subsystem to which the IFI belongs, for operations in foreign currency, published by the Central Bank of Bolivia? BCB, on the total amount owed.
VI. The IFIs as resource managers FONVI-FONVIS, are responsible for presenting all documentation
required by the National Social Housing Fund (ex-National Fund). FONVIS in Liquidation), within the period to be determined, for the financial, technical and legal reconciliations of the projects.
Article 4. (Recovery of Deudoras Entities Amounts).
I. Labor contributions of one percent (1%) and employers of two percent (2%) to the social housing scheme
owed to the National Social Housing Fund (ex FONVIS) Titling Unit, they constitute a retroactive creditor and enjoy the same preference for their payment, that wages and social benefits.
II. For the fulfillment of the contributions accrued to the social housing system by the private entities, will apply the
waiver of interest, fines and expenses court, charging only the contributions owed multiplied
by the Housing Development Unit? UFV to the payment date, under the following exceptional payment modalities:
Payment to the spot, within thirty (30) business days from the notification with the notice note.
In installments, with an initial payment of the 50% (50%) of the amount due and the balance subject to a payment plan that will not exceed 17 December 2011, to be defined by the National Social Housing Fund (ex FONVIS) Titling Unit, with a surcharge equal to the application of the average effective interest rate of loans in national currency with value maintenance of the banking subsystem, published by the Central Bank of Bolivia? BCB, on fifty percent (50%) owed.
III. In case the debtor entities do not comply with the paragraph II of this Article, they will
charge the full amount of the updated owed contributions, more interest, fines and court fees, continuing with the legal actions that correspond.
IV. Public and private entities that owe contributions to the social housing scheme must provide the
documentation required by the National Social Housing Fund (former) Unit of Titulation FONVIS in Liquidation), in order to quantify that debt, otherwise the amounts determined by that Unit will be taken as valid.
Article 5. (Destination of the Financial Resources and Recovered Contributions). The amounts recovered by
concept of balances due for portfolio operations, contributions to the social housing regime and recoveries of financial reconciliations of the IFI? s, deposited in quality of custody in the Treasury's Single Account? CUT of the Unit of Entitlement of the National Fund for Social Housing (ex FONVIS in Liquidation), and those amounts that are the subject of recovery from the publication of this Law, will be destined exclusively for the return of contributions to the social housing system, for those persons who were not benefited by a housing solution by the former FONVIS, to the operating expenses of that entity and in the use of programs in favor of high social groups vulnerability.
Article 6. (from Technical Sanitation-Legal).
I. The Royal Rights Offices at the national level, will proceed with the sub-registration of planetrias and enrollment of
transfers of housing solutions extended by the National Fund's Titulation Unit Social Housing (ex FONVIS in Liquidation), according to the following criteria:
Real Rights Real Estate Records will proceed with the sub-registration of the plans approved by the municipal autonomous governments in their respective mother plates, based solely on the area of the area approved residential, this being the only requirement for the registration of the individual transfers of the housing solutions to be extended by the Unit of Titulation of the National Fund of Social Housing (ex FONVIS in Liquidation), the individual surface of which shall be subtracted or limited from the area of registration mother, for which the property records will be subject to the previous procedure, the current processing of division and batch partition is not applied.
The planetrias will be subenrolled in the state in which the autonomous governments They have been approved or approved, and must be adapted to the technical-legal reality of each project, without considering any excess surface area in the project and registering up to the area shown in the respective real portfolio.
The assignment of areas in favor of municipal autonomous governments will be performed and broken down, after the registration of the registrations in the Register of Real Rights of all the housing solutions to be limited to the residential area.
For formalities of change of jurisdiction, the Law Offices Actual, exceptionally, they shall only apply for the judicial certificate and the specification of the current area of the real estate register, not requiring the presentation of the georeferenced survey or any other requirement. additional.
The existence of observed and/or Pending proceedings in the various mother plates of the National Social Housing Fund (ex FONVIS) Titling Unit, will not constitute an impediment to the Royal Rights Offices to proceed with the sub-registration. of the planetrias or the registration of new transfers.
When the residential area approved in planimetry exceeds the surface in testimony, the Royal Law Offices will register the transfers to be carried out until the area recorded in the respective mother plate.
II. The Registrar, Subregistrar and/or Supervisor of the Office of Royal Rights, which does not comply strictly with this Article, shall be sanctioned in accordance with the regulations of the Council of the Magistracy, control of their strict application the Management of Real Rights and District Representations.
Article 7. (Inembargability).
I. The assets transferred by the former FONVIS to the National Social Housing Fund (ex
FONVIS in Liquidation) Entitlement Unit are rendered in non-extinguishing, non-renountable, inembargable, imprinted
II. The validity of the National Social Housing Fund (ex-FONVIS in Liquidation) Title Unit has been concluded.
assets and liabilities will pass to the public sector head of industry as well as its attributions, rights, and obligations.
First. For the housing project? El Palmar? of the Department of Santa Cruz, of the total area
acquired by the IFI for the implementation of the said project, the financial reconciliation will only recognize the value of the useful area established in the planetria to be approved by the Municipal Autonomous Government of Santa Cruz de la Sierra. In case, the useful area does not cover the thousand four hundred ten (1410) housing solutions determined in the trust contracts, the IFI will return to the Unit of Titulation of the National Fund of Social Housing (ex FONVIS in Liquidation), a equivalent of missing lots of the same characteristics, surfaces and location close to those contemplated in the planetria initially approved by the former Municipal Mayor of the Palmar del Oratorio.
Second.- For the housing project Gualberto Villarroel located in the area of Villa Armonia, Sector
Mejillones of the Municipality of La Paz, for the degree of consolidation, will not apply the procedure established for the subregistration of planetrias, and the Office of Royal Rights of the city of La Paz, will proceed, exceptionally, to to register the transfers of housing solutions granted by the National Social Housing Fund (ex FONVIS) Titling Unit, on the basis of the Cadastral Register Certificate of each remaining housing solution, issued by the Autonomous Municipal Government of La Paz within the framework of its powers, in the base of the current plan of Villa Armonia, Sector Mejillones and limit the area transferred from the indicated mother plate; cadastral certification that will be extended in the name of the Unit of Titulation of the National Fund of Social Housing (ex FONVIS in Liquidation), constituting this the only requirement for their registration in Royal Rights Offices.
Third. The disposal of permuse is approved, according to the value established in the cost structure, of the
Apples 25, 26, 47, 48, 49, 50 and 51 of the Urbanization? The Balsal? ownership of the National Social Housing Fund (ex FONVIS), with land of the Autonomous Government of Guayaramín in the Province of Vaca Diez of the Department of the Beni, prior agreement signed with the Municipal entity.
Fourth. The Executive Director-General of the National Social Housing Fund (formerly FONVIS) is hereby authorized to carry out:
New awards and relocations of housing solutions that would not have been the subject of adjudication or conflict of possession and others relating to their ownership, and should be subject to the payment of the provisions set forth in paragraph IV of Article 2 of this Law.
The lease for free title in favor of the respective Respective Boards, those lots which do not recognise any award and which were initially intended for collective temporary use, in favour of the successful tenderers and/or beneficiaries of the different housing estates.
The review and adjustment to the cost structures of the following housing projects of the former FONVIS in Liquidation: El Palmar, Cosqueros and Victoria, Villa Vecinal, Gran Chaco, Valle Escondido and Amancayas.
Unica. Law No 4110 is repealed, dated September 16, 2009.
Remit to the Executive Body, for constitutional purposes.
It is given in the Session Room of the Plurinational Legislative Assembly, at the twenty-one day of July of the
year two thousand eleven.
Fdo. René O. Martínez Callahuanca, Héctor Enrique Arce Zaconeta, Zonia Guardia Melgar, Carmen García M., Agripina Ramírez Nava, Ángel David Cortés Villegas.
Therefore, the law has been enacted so that it has and will comply with the law of the Plurinational State of Bolivia.
Palace of Government of the city of La Paz, eight days of the month of August two thousand and eleven years.
FDO. EVO MORALES AYMA, Carlos Romero Bonifaz, Luis Alberto Arce Catacora, Walter Aremal Delgadillo Third, Claudia Stacy Penz Claros.