Read the untranslated law here: http://www.gacetaoficialdebolivia.gob.bo/index.php/normas/verGratis_gob2/139388
Law No. 163 law of August 8, 2011 EVO MORALES AYMA President constitutional of the PLURINATIONAL State of BOLIVIA, by how much, the plurinational Legislative Assembly, has sanctioned the following law: the Assembly Legislative PLURINATIONAL, DECREES: article 1. (Object). This law aims to create mechanisms that allow the certification unit of the National Fund of Social housing (ex FONVIS in liquidation), the recovery of balances owed by housing solutions, the qualification in favour of bidders and occupants, financial reconciliations, the recovery of contributions due to the regime of social housing and the legal technical renovation of housing developments for your registration on real rights offices nationwide.
Article 2. (Qualification of bidders and occupants and payment of portfolio with profit).
I. for the titling of housing solutions and portfolio recovery, tenderers and occupants are subject to the following conditions: recipients and occupants in housing solutions of the former FONVIS in liquidation, on a mandatory basis, must pay for own contribution, ten percent (10%) established in the approved cost structure, until October 31, 2011.
In addition to the amount referred to in subsection to), tenderers in arrears and in process of execution and the occupants, in order to consolidate its property rights, benefit, until October 31, 2011, an exceptional payment of twelve point five percent (12.5%) of the balance to existing, same capital to be recognized as full payment of the debt condoning criminal, current interests and penalties.
Occupants and bidders that had not made the contributions of one percent (1%) labor and two percent (2%) employer to the social housing scheme, shall cancel an additional payment equal to three percent (3%) of twenty-four (24) minimum wages in national force to their settlement date.
The occupants, for their recognition as bidders, must prove its peaceful possession for one time not less than two (2) years prior to the request. In the case of original bidders, for his degree, simply verify that they were not benefited with housing solution for social housing institutions.
II. the awarded u occupying that not has fulfilled them conditions indicated in the paragraph I of the present article, will be subject of it following: concerning the awarded, will be resolved of full right the award that was made by minuta of award or writing public and/or will be revoked the award made by Act administrative by them entities absorbed by the former FONVIS in liquidation.
With respect to the occupant, their right to be recognized as successful tenderer shall terminate.
III. in the cases referred to in paragraph II of this article, be strengthened in favour of the certification unit of the National Fund of Social housing (ex FONVIS in liquidation), as repair of damages, improvements and buildings carried out and the amount of capital that have been paid, so the aforementioned unit make a new award.
IV. them new awards in no case will fall to who is you has determined or revoked it solution housing, must allocate is to families of scarce resources economic, prior compliance of requirements minimum of award designated in the standards of the former FONVIS in liquidation; the certification unit of the National Fund of Social housing (ex FONVIS in liquidation), awarded the housing solution by administrative resolution, having the beneficiary to pay within the period of thirty (30) calendar days Computable with the clearance of payment, the following notification: ten percent (10%) for own contribution.
Twelve point five percent (12.5%) on the value of the property that includes improvements and constructions, and the three percent (3%) twenty-four (24) current national minimum wage, corresponding to contributions to the housing scheme.
V. The payment of the own contribution of the ten per cent (10%) and the balance to capital of the twelve point five percent (12.5%) corresponding to the successful tenderers and occupants in housing solutions can be performed under the following modalities: payment in cash of the own contribution of the ten per cent (10%) according to subsection to) of paragraph I of this article.
Payment in installments of the balance to existing capital of twelve point five percent (12.5%) within the period established in subsection to) of paragraph I of this article.
Article 3. (Conciliation with the financial intermediary institutions).
Do i. granted to the intermediary financial institutions? Do IFI? s that intermediaron resources of the former FONVIS in liquidation, a period of ninety (90) calendar days, from the publication of this law, so carried out conciliation technical - legal and financial projects under contracts of credit risk, trust or management delegate, having to pay is reconciled according to the following amounts: the resulting balances for financial reconciliation calendar, computable from the date of signing of the Act of conciliation, the current account fiscal the certification unit of the National Fund of Social housing (ex FONVIS in liquidation), in national currency, the exchange rate of sale applicable on the date of signing of the said Act must be deposited within a period of fifteen (15) days.
In the event of non-payment within the time specified in the preceding paragraph, apply shall a fine equal to the effective active interest rate average of the subsystem to which belongs the IFI, for operations in foreign currency, issued by the Central Bank of Bolivia? BCB, rate annual to be applied on the total amount owed, pro rata for the days of delay computed from the subscription of the Conciliation Act until the date of payment.
Reconciliations will not in favor of the IFIs? s any additional amount by way of resource, legal costs, portfolio management or others that have not been expressly agreed with the FONVI, FONVIS and former FONVIS in liquidation.
II. completed the prescribed period of (ninety 90) calendar days referred to in paragraph I of this article, to carry out conciliation, shall be taken as valid balances and interest to be determined by the degree unit of the National Fund of Social housing (ex FONVIS in liquidation), which must be deposited in current account fiscal of the concerned unit within a period of five (5) calendar days , from the official notice with the respective requirement. Breach will run an interest equal to the effective active interest rate average of the subsystem to which belongs the IFIs? s, for operations in foreign currency, issued by the Central Bank of Bolivia? BCB, and will stand the corresponding legal actions for their recovery.
III. to carry out financial reconciliations shall apply the following criteria: in the case of the trust contracts signed with the Central Bank of Bolivia? BCB, this should restore to the titration unit of the National Fund of Social housing (ex FONVIS in liquidation), the totality of the capital retained in the line of the Bank and mutual.
The financial reconciliations with IFI? s will only recognize resources financed by FONVI-FONVIS; in case of existing financing with own resources of the IFIs? s or others and/or fusion of accounts, financial costs or losses generated by the application of the laws of outstanding payment, are your sole responsibility, consequently all repayment by recipients and/or borrowers in accounts enabled the recovery of portfolio and interest generated by the financing FONVI-FONVIS are they consolidated entirely in favor of the certification unit of the National Fund of Social housing (ex FONVIS in liquidation).
IV. FONVI-FONVIS-funded projects, financial reconciliations not recognize costs and expenses in respect of: interests foregone to tenderers, currents, penalties and fines in the event of IFIs? s have not initiated legal proceedings for the recovery of arrears, corresponding to the contracts in the form of credit risk.
Commissions by concept of expenditure on land acquisition, same that are not stipulated in the contract of trust.
V. Do balances reconciliations by financing granted by former FONVIS in liquidation, for the implementation of social housing projects, whose financial conciliation proceedings are subscribed prior to the publication of this law, the certification unit of the National Fund of Social housing (ex FONVIS in liquidation), and the IFIs? s, shall be deposited in its entirety in the tax account of the lending institution to be determined , according to the official exchange rate for current sale on the date of signing of the respective conciliation proceedings, within the ten (10) working days of the entry into force of this legal provision. In case of default, will run an interest equal to the effective active interest rate average of the subsystem to which belongs the IFI? s, for operations in foreign currency, issued by the Central Bank of Bolivia? BCB, on the total amount owed.
Do VI. the IFIs? s as FONVI-FONVIS resource managers, are responsible for presenting documentation
required by the certification unit of the National Fund of Social housing (ex FONVIS in liquidation), in the term to be defined, for the realization of the legal, technical and financial reconciliations of projects.
Article 4. (Contributions recovery of indebted entities).
I labour contributions of one percent (1%) and employers of the two per cent (2%) the regime of social housing due to the certification unit of the National Fund of Social housing (ex FONVIS in liquidation), constitute privileged credit retroactively and have the same preference for payment, wages and social benefits.
II. for compliance with the contributions accrued to the regime of social housing by private entities, shall apply the remission of interests, fines and legal costs, gaining only owed contributions multiplied by the Unidad de Fomento to housing? UFV to the date of payment, low the following modalities of payment exceptional: payment to the counted, inside them thirty (30) days working from the notification with the note of notice.
In shares, with a payment initial of fifty percent (50%) of the amount due and the balance subject to a payment plan which shall not exceed the 17 of December 2011, to be defined by the certification unit of the National Fund of Social housing (ex FONVIS in liquidation), with a surcharge equal to the application of the average of the effective interest rate active of loans in national currency with value of banking subsystem maintenance published by the Central Bank of Bolivia? BCB, on the fifty percent (50%) owed.
III. in the event a debtor entities do not comply with the provisions of paragraph II of this article, will be charged all of the updated due contributions, plus interest, fines and legal costs, continuing with the corresponding legal actions.
IV. public entities and private contributions owed to the regime of social housing, should provide the documentation required by the certification unit of the National Fund of Social housing (ex FONVIS in liquidation), in order to quantify this debt, otherwise be taken as valid amounts determined by this unit.
Article 5. (Destination of the financial resources and contributions recovered). Do the amounts recovered in respect of balances due by trading-book business, contributions to the social housing scheme and recoveries of financial reconciliations of the IFIs? s, deposited in custody in the single treasury account quality? CUT of the certification unit of the National Fund of Social housing (ex FONVIS in liquidation), and those amounts which are the subject of recovery from the publication of this law, will be allocated exclusively to a refund of contributions to the system of social housing, for those who were not benefited with a housing solution by the former FONVIS in the use of programmes for highly vulnerable social groups and the costs of operation of the entity.
Article 6. (For the technical sanitation - Legal).
I offices of real rights at the national level, proceed with the under-registration of mappings and registration of transfers of housing solutions extended by the titration unit of the National Fund of Social housing (ex FONVIS in liquidation), in accordance with the following criteria: real estate property rights records proceed with the under-registration of the mappings approved by municipal self-government in their respective mother plates based only on the surface of the residential area approved, this being the only requirement for registration of individual transfers of housing solutions to be extended by the titration unit of the National Fund of Social housing (ex FONVIS in liquidation), whose individual surface is subtracted or limit of the surface of the plate mother, for which real estate records are subject to the above procedure not to apply the current procedure of division and partition of lots.
The mappings are subinscribirán in the State in which municipal self-governments have approved them or approve, and must conform to the technical reality of each project, without considering an eventual excess of surface in the same and register up to the surface in the respective royal folio.
The transfer of areas in favor of municipal self-governments will be performed and breakdown, once concluded the inscriptions in the registration of real rights of all housing solutions to limit residential area.
For procedures of change of jurisdiction, the offices of real rights, on an exceptional basis, will request only judicial certificate and the specification of the current area of the real estate record in source, requirement not being the presentation of the rising geo-referenced or other additional requirement.
The existence of split observed and/or procedures pending in them different registrations mother of the unit of degree of the Fund national of housing Social (ex FONVIS in liquidation), not shall constitute impediment any so them offices of rights real come with it sub-enroll of them planimetries or the registration of new transfers.
When approved in planimetry residential surface exceeds the surface in testimony, the offices of rights in rem recorded transfers to be made until appropriated surface in respective mother tuition.
II. the Registrar, Subregistrador or the Supervisor of the Office of real rights, that does not give strict adherence to this article, it will be punished according to the regulations of the Council of the Magistracy, being responsible for monitoring its application strict management of rights in rem and the district representation.
Article 7. (Inembargabilidad).
I. them active transferred by the ex FONVIS to it unit of degree of the Fund national of housing Social (ex FONVIS in liquidation), is constitute in goods unquenchable, inalienable, unattachable, imprescriptible and not comes with character retroactive it operation of instance and of the right to extinguish them same.
II. after the entry into force of the certification unit of the National Fund of Social housing (ex FONVIS in liquidation), assets and liabilities will be to the public entity, head of sector, as well as their duties, rights and obligations.
FINAL provisions first. For the housing project? El Palmar? of Santa Cruz Department, the total area acquired by the IFI to the implementation of the project, the financial reconciliation will only recognize the value of the useful area established in the floor plan to be approved by the Municipal autonomous Government of Santa Cruz de la Sierra. In case the useful area not covered by the thousand four hundred ten (1410) housing solutions determined in escrow, IFI contracts will return to the certification unit of the National Fund of Social housing (ex FONVIS in liquidation), an equivalent of lots missing of the same characteristics, surfaces and location close to those referred to in the floor plan initially approved by the former Municipal Mayor of the Palmar of oratory.
Second.-for the housing project Gualberto Villarroel located in the area of Villa harmony, mussels Sector of the municipality of La Paz, by the degree of consolidation, will not apply the procedure established for the under-registration of mappings, and the Office of real property from the city of La Paz, proceed, exceptionally, to register the transfers of housing solutions provided by the certification unit of the National Fund of Social housing (ex FONVIS in liquidation) , based on the certificate of each remaining housing solution cadastral registration, issued by the Municipal autonomous Government of La Paz in the framework of their competence, based on the existing mapping of Villa harmony, mussels Sector and limit the transferred surface of designated tuition mother; cadastral certification to be extended on behalf of the certification unit of the National Fund of Social housing (ex FONVIS in liquidation), making this the only requirement for registration in offices of rights in rem.
Third. It approves the disposal by way of Exchange, according to the value set in cost structure, of apples, 25, 26, 47, 48, 49, 50 and 51 of the urbanization? The Balsal? property of the certification unit of the National Fund of Social housing (ex FONVIS in liquidation), with fields of Municipal self-government of Guayaramerin in the province Vaca Diez of the Beni Department, prior agreement with the municipal entity.
Fourth. Exceptionally the General Executive Director of the unit of qualification of the Fund national of Social housing (ex FONVIS in liquidation), is authorised to carry out: new awards and relocations of the housing solutions that would not have been subject to adjudication or present conflict of possession and others referred to their ownership, and must conform to the payment provisions in the paragraph IV of article 2 of this law.
The assignment to free title in favor of the respective neighborhood committees, of those lots that do not recognize any award and initially intended to a temporary collective use, in favour of recipients and/or beneficiaries of the different developments.
Review and adjustment to the structures of the costs of the following housing projects of the former FONVIS in liquidation: El Palmar, Coqueros and Victoria, Villa neighborhood, Gran Chaco, Valle Escondido and Amancayas.
Sole ABROGATION provision. It abrogates the law No. 4110, on September 16, 2009.
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 July of the year.
FDO. Rene O. Martinez Callahuanca, Hector Enrique Arce Zaconeta, Zonia guard Melgar, Carmen García M., Agripina Ramirez Nava, Angel David Cortés Villegas.
I therefore enacted it is and meets as a law of the plurinational State of Bolivia.
Palace of Government of the city of La Paz, the eight days of the month August of two thousand eleven years.
FDO. EVO MORALES AYMA, Carlos Romero Bonifaz, Luis Alberto Arce Catacora, Juvenal Walter Delgadillo third, Claudia Stacy clear penalty.
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