law no 050
LAW OF OCTOBER 9, 2010
EVO MORALES AYMA
CONSTITUTIONAL PRESIDENT OF THE PLURINATIONAL STATE OF BOLIVIA
Sanctioned the following Act:
THE PLURINATIONAL LEGISLATIVE ASSEMBLY,
TO THE GENERAL BUDGET OF THE STATE (PGE-2010)
Article 1. (AMENDED AND CONSOLIDATED BUDGET 2010).
The Modified Resource and Expense Budget for 2010, for a total aggregate amount of Bs 8,137,429,962.-(Eight Billion Thirty-Seven Million Twenty-Nine Thousand Nine Hundred and Two 00/100 Bolivia) and a consolidated number of Bs 5,484,610,122.-(Five thousand four hundred and eighty-four million six hundred and twenty-two hundred and twenty-two hundred and twenty-100 Bolivians), according to Annex I.
Article 2. (INTRA-INSTITUTIONAL TRANSFERS INTERINSTITUTIONAL).
TheBody is authorized through the Ministries of Economy and Public Finance and Development Planning, to carry out intra-institutional and inter-institutional budgetary transfers in current and investment expenditure, according to Annexes II and III.
Article 3. (DESTINATION OF THE EXTRAORDINARY TRANSFERS).
extraordinary allocationswith resources from the General Treasury of the Nation to public sector entities shall be executed exclusively for the purpose of the authorized purpose; in no case shall they be reassigned to another type of expenses.
Article 4. (TRUSTS). Article 39 (b) of the Law approving the PGE 2010 is amended, with
the following text:
in charge of the sectorial policy, the latter having to carry out systematic monitoring and control to the the purpose provided for in the constitutive act and in the legal provisions that founded it, as well as to issue guidelines and guidelines with respect to trusts constituted by entities under their dependence or on their own and on those whose object or are they in the framework of their powers.?
Article 5. (EXPENSES OF THE TRUST FUND FOR THE STRENGTHENING OF COMPANIES).
The Ministry of Economy and Public Finance is authorized through entity 99? General Treasury of the Nation, transfer resources to the Productive Development Bank S.A.M., for the expenses of the administration and custody of the movable and real estate assets of the trust of the Fund for the Strengthening of Enterprises? FFE, constituted according to Supreme Decree No. 27385 of 20 February 2004.
Article 6. (RESOURCES FOR RECONSTRUCTION, FOOD SECURITY AND SUPPORT
PRODUCT). Article 59 of the Act approving the PGE 2010 is amended by the following text:
I. The Executive Body is authorized through the Ministry of Economy and Public Finance, to use the credit resources
granted by the Central Bank of Bolivia (BCB), in the framework of Supreme Decree No. 29453 of 22 February 2008, as budget support from the National Treasury of the National to address needs caused by hydrometereological and climatic effects, situations of price increases, shortages, food insecurity, promotion of production, new productive enterprises, infrastructure will walk, rehabilitation of homes, as well as other productive purposes, to be implemented by the Executive Body.
II. The Ministry of Economy and Public Finance and the Central Bank of Bolivia are authorized to adjust the contract of
Credit to the public sector SANO 043/2008 as indicated in paragraph I of this Article.
Article 7. (COMPLIANCE WITH PAYMENT DEADLINES IN EXTERNAL CREDITS).
The executing entities responsible for the execution of resources from external credits, must ensure that the terms and deadlines for disbursements of resources, are adapted to what is established in the Loan Contracts. Any additional additional cost of extension within the disbursement period will be assumed from specific resources in the budget of each executing entity.
Article 8. (BOLIVIA CENTRAL BANK INTERNAL CREDIT IN FAVOR OF THE COMPANY
NATIONAL OF ELECTRICITY? (DE)
I. In the framework of Article 41 of the General State Budget Law (PGE)? Management 2010, is authorized to the Bank
Central Bolivia? BCB, grant to the National Electricity Company? It has an extraordinary credit of up to Bs5,715.400,000.-(five thousand seven hundred and fifteen million 400 000 000 Bolivians) in concessional conditions, in order to finance productive investment projects and/or to contribute to capital to its subsidiary undertakings, for which the BCB is exempted from the application of Articles 22 and 23 of
Law No. 1670 of October 31, 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 322 of the Constitution of the State, the ENIT is authorized to contract the credit referred to above with the BCB.
III. The Ministry of Hydrocarbons and Energy, through Ministerial Resolution, will have to justify to the BCB, that the use and
destination of the resources of the credit to be acquired by the ENDE 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 referred to in this Article.
Article 9. (BOLIVIA CENTRAL BANK INTERNAL CREDIT IN FAVOR OF THE COMPANY
SUGAR SAN BUENAVENTURA? EASBA)
I. In the framework of the provisions of Article 41 of the Law of the General Budget of the State (PGE)? Management 2010,
authorizes the Central Bank of Bolivia? BCB to grant the Strategic National Public Company called the Sugar Company San Buenaventura? EASBA has an extraordinary credit of up to Bs1.254.600,000 (one thousand two hundred and fifty-four million six hundred thousand million Bolivianos) in concessional conditions, in order to finance productive investment projects, for which with the exception of BCB 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 322 of the Constitution of the State, the EASBA is authorized to contract the credit referred to above with the BCB.
III. The Ministry of Productive Development and Plural Economy, through Ministerial Resolution, must justify to the
BCB that the use and destination of the resources of the credit to be acquired by the EASBA, 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 referred to in this Article.
Article 10. (CREDIT RESOURCES APPROVED UNDER THE PGN LAW 2009 TO
FAVOR BOLIVIA ' S HYDROCARBON INDUSTRIALIZATION COMPANY? BH).
Of the resources provided and authorized in Article 46 of the PGN Act 2009, is authorized to the Central Bank of Bolivia? BCB to grant in favor of the Bolivian Company of Industrialization of Hydrocarbons? EBIH an extraordinary credit of the equivalent in Bolivianos of up to Bs2.091,000,000.-(Two thousand Nineties and one million 00/100 Bolivianos) in concessional conditions, in order to finance investment projects, in the area of industrialization of (a) the hydrocarbon and the return of the resources transferred in the framework of Supreme Decree No. 613 of 25 August 2010; for which, the BCB is exempted from the application of Articles 22 and 23 of Law No 1670 of 31 October 1995.
In the framework of paragraph I of this Article and in accordance with the provisions of Article 158 and 322 of the Constitution of the State, paragraph 10, paragraph 10, is authorized to the EBIH, to contract the credit referred to in the Article.
The Ministry of Hydrocarbons and Energy, through Ministerial Resolution, must justify to the BCB, that the use and destination of the credit resources to be acquired by the EBIH are of national priority in the the National Development Plan framework and that future flows will be used for the payment of the credit noted in this Article.
Article 11. (OTHER INVESTMENTS). The Ministry of Economy and Public Finance is authorized to make, to
the name of the Treasury General of the Nation, investments in the capital of financial institutions and other companies in which the State already has It would be an action in order to extend it in the perspective of full and independent control, for compliance with the Constitution of the State.
Article 12. (GRANT TO PUBLIC UNIVERSITIES). Article 32 of the Law of the
PGE 2010, with the following text:
? The Ministry of Economy and Public Finance is authorized to grant an increase of 2% in the Ordinary Grant corresponding to the 2010 management, for the country's public universities; except for the Public University of El Alto, University National 20th Century and Amazon University of Pando, which will benefit with 6.7% each?.
Article 13. (COMPENSATION FOR ELIMINATION OF INCOME IN BACHELOR ' S DEGREES). The Public Universities of the country are authorized to replenish the cost of the issuance of Bachiller Diplomas with their resources of the HDI, considering for the calculation, the cost of the bachelor's degree established in their respective tariffs, recorded December 31, 2009 of each Public University; and the certification of the Ministry of Education of the diplomas issued for the Baccalres of the 2009 management, in the framework of Supreme Decree No. 265 of August 26, 2009. Being the responsibility of the Executive Committee of the Bolivian University? CEUB, the referral of information to the Ministry of Economy and Public Finance, duly supported.
Article 14. (AUTOMATIC DEBIT). Paragraph 29 of the PGE Act 2010 is incorporated, with the following wording:
? e) The Ministry of Economy and Public Finance is authorized to carry out automatic debits in favor of the Municipal Autonomous Governments. affected by the application of the Ministerial Resolution No. 031/2010 of 2 June 2010 issued by the Ministry of Autonomy, which establishes the distribution factors of the newly created municipalities; after conciliation between the municipalities involved and at the request of the beneficiary municipality, channeled through the Ministry of Autonomy?.
Article 15. (CASH BALANCES AND BANKS). Departmental Autonomous Governments will be able to use Cash and Bank balances financed with Royalties, IEHD and FCD up to the amount corresponding to 15%, intended for operating expenses in the Approved Budget 2010, when the Transferred amount is less, as a consequence of the application of the Law No. 017 of Transition for the Operation of Territorial Entities.
Article 16. (INVESTMENT PERFORMANCE OF THE INTERNATIONAL RESERVES OF THE CENTRAL BANK OF BOLIVIA). Article 58 of the PGE Act 2010 is amended, with the following text:
I. The Central Bank of Bolivia is authorized to transfer to the General Treasury of the Nation, part of the resources from the yield of the investments of the International Reserves generated in management 2010, for the financing of social programs implemented by the Executive Body, at the request of the Ministry of Economy and Public Finance.
II For the purposes of compliance of the preceding paragraph, except to the BCB of the application of Article 75 of Law No. 1670 of October 31, 1995, regarding the destination of resources.
Article 17. (EXTINCTION OF THE DEBT OF THE BOLIVIAN NATIONAL TELEVISION COMPANY IN LIQUIDATION).
I. As long as the term of the National Company of Bolivian Television in Liquidation is not concluded, the Ministry of Economy and Public Finance will continue to debits the corresponding debt to the debt it holds with the General Treasury of the Nation, emerging from the Debt Cancellation Convention signed on December 10, 1997 and the provisions of Supreme Decree No. 26848 of 20 November 2002, in accordance with the current payment Cronogram.
II. At the definitive closure of the National Company of Bolivian Television in Liquidation, the obligation indicated in the previous paragraph will be extinguished.
Article 18. (PUBLIC TRANSFERS? PRIVATE). Are the incites (a) and (d), and are included the incites (e) and (f) in Article Nº 44 of the State General Budget Law? Management 2010, with the following text:
a) 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 transfers mentioned above, the amount, use and destination of these resources will be authorized by Supreme Decree and must have specific regulations.
d) The economic organizations? production, territorial organizations, indigenous peoples and communities, originating and campesinos, in their capacity as final beneficiaries, must inform the granting entity about the use and destination of the public resources, and in turn the entity It 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).
e) The Ministry of Public Works, Services and Housing shall be authorized to make transfers of public resources to the beneficiaries referred to in point (a) of this Article for the payment of labor for the construction of housing social housing, for the construction of social housing in state, communal or private land and for the improvement of social housing either in a way
direct or for the payment of labor, for which it must have specific regulations.
f) The Ministry of Health and Sports is authorized to make transfers of public resources to the beneficiaries by way of payment of the? Bono Juana Azurduy?.
Article 19. (EXEMPTION FROM THE APPLICATION OF ARTICLES 33 AND 35 OF ACT NO 2042). In the framework of the provisions of Articles 8, 9 and 10 of this Law, the National Electricity Company is released? Senor, Sugar Company San Buenaventura? EASBA, Bolivian Company for Industrialization of Hydrocarbons? EBIH, and the Mining Corporation of Bolivia? COMIBOL, of the application of Articles 33 and 35 of Law 2042 of Budget Management.
Article 20. (EXEMPTION FROM THE APPLICATION OF ARTICLE 5 OF ACT NO 2042). Is the Mining Corporation of Bolivia exempt? COMIBOL of the application of Article 5 of Law 2042 of the Budget Administration, for the commencement of hiring processes, conditioned to the funding of the proposer.
Article 21. (AUTHORIZATION TO MODIFY THE LOAN AGREEMENT). The Bolivian Fiscal Oil Fields and the Central Bank of Bolivia are authorized to adjust the current loan agreement in accordance with the provisions of Article 10 of this Law.
Article 22. (OPERATING BUDGET OF THE PUBLIC UNIVERSITY OF THE ALTO).
I. Pursuant to Article 3 of Law No 2556 of 12 November 2003, the annual operating budget of the
Public University of El Alto, will be funded by the following sources:
1. Direct allocation of the National Treasury of 0.35% (Zero Thirty-Five per cent) of 75%
(Seventy-Five per cent) of the cash collection of the following taxes: Value Added Tax, Supplementary Scheme to the Value Added Tax, Tax on Business Utilities, Tax on Transactions, Tax on Specific Actuals, Customs Gravamen, Tax on Free Transmission of Goods, and Tax on Exterior. For the purposes of applying the Tax Coparticipation, the Universidad Mayor of San Andrés will be the beneficiary in the Department of Peace in management 2010.
2. Your own revenue.
3. International Cooperation.
4. Legacies and donations.
II. Within sixty (60) days of the enactment of this Law, the Public Universities of the Department of Peace
will present an agreement on the tax co-participation, which will be included in the the General Budget of the State of Management 2011.
I. The Ministry of Rural Development and Lands, through the National Institute of Agrarian Reform, will award the
San Buenaventura Sugar Company? EASBA, the necessary fiscal lands for the development of the Company's activities. As a Strategic National Public Enterprise, the award will be
made for onerous and market value, without qualified public competition.
II. The Autonomous Government of the Department of La Paz will give up the right to own land located in the sector
Porvenir today Huayna Chuquiago to the Sugar Company San Buenaventura? EASBA, for the exclusive purpose of the construction of infrastructure of the EASBA and the cultivation of sugar cane and other agro-industrial products. The legal transfer of the premises shall be made within a period not greater than three (3) months from the publication of this Law.
ABROGATORY AND REPEALING PROVISIONS
Law No 3546 of 28 November 2006 is repealed.
All provisions of equal or lower hierarchy, contrary to this Law, shall be abrogated and repealed.
Remit to the Executive Body, for constitutional purposes.
It is given in the Session Room of the Legislative Assembly. Plurinational, at the eight days of the month of October of the
year two thousand ten.
Fdo. René Oscar Martínez Callahuanca, Héctor Enrique Arce Zaconeta, Andrés A. Villca Daza, Clementina
Garnica Cruz, Pedro Nuny Caity, José Antonio Yucra Paredes.
Therefore, it is signed into law for the purposes of Law of the Plurinational State of Bolivia.
Government Palace of the city of La Paz, nine days of the month of October of two thousand ten years.
FDO. EVO MORALES AYMA, Oscar Coca Antezana, Antonia Rodriguez Medrano MINISTER OF
PRODUCTIVE DEVELOPMENT AND PLURAL AND INTERIM ECONOMY OF THE ECONOMY AND PUBLIC FINANCES, Luis Fernando Vincenti Vargas, Nila Heredia Miranda, Roberto Ivan Aguilar Gomez., Nemesia Achacollo Tola, Carlos Romero Bonifaz.