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LAW NO 4110 LAW OF SEPTEMBER 16, 2009
EVO MORALES AYMA PRESIDENT OF THE PLURINATIONAL STATE OF BOLIVIA
As soon as the Honorable National Congress has sanctioned this Law: THE HONORABLE CONGRESS NATIONAL, DECREE: ARTICLE 1.-(OBJECT). Law is intended to create mechanisms that allow the National Social Housing Fund's Titulation Unit, the recovery of contributions owed to the social housing system, to be recovered. recovery of balances from portfolio operations, financial reconciliation and technical consolidation legal of the housing solutions.
ARTICLE 2.-(RECOGNITION OF OCCUPATION AND RECOVERY OF BALANCES OWED BY HOUSING SOLUTIONS).
(a) The mandatory character of the payment of ten percent (10%) is maintained by way of self-contribution for the occupants of the housing solutions not awarded by the former FONVIS, according to the cost structure approved, otherwise, the housing solution will be reversed.
b) The deadline set in Article 1 of Law No 3133 of August 10, 2005, is amended, extending until 31 October 2010 for the successful tenderers and/or the beneficiaries are benefiting from the payment of 12,5% of the current capital balance, in arrears and in the process of execution as a total payment of the balance of the debt of housing solutions and financing of housing of social interest, not being passive to the payment of the current interest, penalties and fines.
c) Elapsed the period stipulated in the Previous point, the balances owed by the adjudicators and/or beneficiaries by way of the housing solutions, will be charged in 100% of the capital value plus interest and penalties calculated since the last date of payment.
non-compliance with the total payment set out in this Article, the solutions
d) For the strict compliance of (b) of this Article, the adjudicators and/or beneficiaries shall subscribe to a recognition of the debt and commitment to pay with the National Social Housing Fund Titling Unit, to benefit from the 12.5% benefit, through a payment plan; concluded the same will proceed to the subscription of the minute.
e) The occupants who are recognized as such by the National Social Housing Fund's Titling Unit, Until 31 October 2010, they will have to pay the own contribution of the housing solutions not previously awarded by the Ex? FONVIS in Liquidation, previously established in Laws No. 2486, 2716 and Supreme Decree No. 27868.
ARTICLE 3.-(OF THE RECONCILIATION WITH THE INTERMEDIARY FINANCIAL INSTITUTIONS).
(a) The intermediary financial institutions-IFIS's resources of the Ex-FONVIS in Liquidation, a period of sixty (60) calendar days from the publication of this Law, are hereby granted to the Financial Institutions to carry out the technical reorganisation. legal and/or financial reconciliation of the Projects under Credit Risk Contracts, Trust and/or Delegated Administration, until their conclusion, and the institutions shall honor the balances resulting from these reconciliations within the period of time fifteen (15) calendar days and make the corresponding deposits in the account as well determine the Unit of Entitlement of the National Social Housing Fund. Such reconciliations shall not recognize in favour of IFIS's any additional amount for administration of resources, portfolio, court or other expenses that have not been expressly agreed with the FONVI, FONVIS and former FONVIS in Liquidation.
(b) After the period of sixty (60) calendar days and without any statement of the IFIs, the balances determined by the National Social Housing Fund Titling Unit shall be taken as valid. deposited to the account determined by the latter within fifteen (15) days
calendar from the official notification, under the warning of filing the corresponding legal actions against the IFIs, for their recovery.
ARTICLE 4.-(FROM THE RECOVERY OF CONTRIBUTIONS TO PUBLIC ENTITIES AND PRIVATE). the labor contributions of one percent (1%) and employers of two percent (2%) to the social housing system due in favor of the National Social Housing Fund's Titling Unit, constitute a retroactive accretion. The Fund is also a priority for its payment in the same priority as wages and social benefits.
As an incentive policy for the recovery of contributions due to the Social Housing Regime, the Fund's Titulation Unit National of Social Housing, will condone interest and fines on the balance due, charging only the capital with maintenance of indexed value to the Housing Promotion Unit (UFV ' s), to the date of payment of the settlement.
This waiver will be applied, for this only time, to all public and private entities that express in written form your interest to benefit from this benefit and pay your debts within ninety (90) working days from the date of receipt of the Notice of Notice issued by the National Housing Fund's Titling Unit Social.
Public and private entities that are due for contributions to the housing regime They will have to provide all documentation in an unrestricted manner, with the sole purpose of quantifying the debt in favor of the National Social Housing Fund's Titulation Unit, the amounts determined by the Unit of the Social Housing Fund will be taken as valid. Title of the National Social Housing Fund.
ARTICLE 5.- (DESTINATION OF THE FINANCIAL RESOURCES AND CONTRIBUTIONS RECOVERED). The amounts recovered by way of balances due from portfolio operations, contributions due to the the social housing scheme and the recovery of financial reconciliations from the Intermediary financial institutions (IFIs) will be used exclusively for the return of contributions and the corresponding operating expenses of the National Social Housing Fund's Titulation Unit, owing to the same remain in quality of custody in the Treasury-CUT Single Account, assigned to the National Social Housing Fund Titling Unit.
ARTICLE 6.-(TECHNICAL-LEGAL SANITATION). (a) The National Social Housing Fund Titulation Unit shall carry out the technical-legal sanitation of
housing projects financed by the former Sectoral Councils, FONVI, FONVIS and Ex FONVIS in Liquidation, according to the The following criteria:-Technical Sanitation.-Comprises all the efforts inherent in the approval of plans and plans
of the housing projects before the Municipal Governments. -Legal Sanitation.-Comprises all the procedures inherent to the improvement of the right
owner in favor of the Unit of Titulation of the National Fund of Social Housing of all the Projects and their respective registry in Offices of Real Rights.
b) The planning of the housing estates registered in the name of the former FONVIS in Liquidation, will be consolidated in favor of the "Unit of Titulation of the National Fund of Social Housing", within a period not greater than thirty (30) working days, with the Municipal Governments being responsible for the updating and approval of the same. In the event of non-compliance it will entail administrative responsibility.
c) The Executive Director General of the National Social Housing Fund is authorized to sign agreements with the Municipal Governments and the Council. of the Judicature (Council of the Magistrature) to carry out the technical-legal sanitation of housing projects and buildings in the offices of Royal Rights at the national level, in order to attend to priority the processes of registration of plans and/or planetrias of the different housing estates. Also, the Royal Rights Offices will have to register the plans in the state in which the Municipal Governments have approved or approve them, and must adapt to the legal technical reality of each project, without considering an eventual excess. In the same way, the offices of the Royal Rights must register up to the area recorded in the respective Royal Folio.
National Social Housing Fund is authorized to carry out the review and adjustment to the Structures of Costs of the Projects of the following Urbanizations: Copacabana, Amancayas, Serena Calicanto, Palmar, Satellite North, Valle Escondido and Quintanilla 108.
For this purpose, the following must be taken into account: a) For the beneficiaries of the Copacabana Urbanization of the City of El Alto of the Department of La Paz, it is
establishes as the price of the award with profit established by this Law that determined by the technical guarantee carried out by the professionals hired by the former FONVIS in Liquidation, plus the payment of Own Contributions on the amount determined by cost structure to be approved by the National Social Housing Fund Titling Unit.
b) Projects of the city of Cochabamba: Quintanilla 108, the revision and adjustment to the structure of Costs, take into account the avaluo made by the Faculty of Architecture of the Universidad Mayor of San Simon of the City of Cochabamba, to the items corresponding to fine work.
c) For the beneficiaries occupants of the Urbanization Amancayas Norte "A", Amancayas Norte "B" and Sumaj Huasi "B" of the Municipality of Sacaba-Cochabamba, the National Social Housing Fund is authorized to hold technical, financial and legal transactions with natural persons, or Legal instruments such as the Union Bank and City Bank, designed to recover and consolidate the right owner of lots and houses in order to grant the title to the adjudicators of the aforementioned urbanizations.
d) For the urbanization Serena Calicanto, the Unit of Titulation of the National Fund of Social Housing is authorized to accept the transfer of the land of the Multiactive Association Board of Adjudicators Pantaleon Dalence as own contribution for the concept of the adjudications of the housing solutions to be awarded to the beneficiaries and occupants recognised by the Multiactive Association of Pantaleon Dalence Adjudicators, which were built by the former FONVIS in the project called La Serena Calicanto. The Unit of Titulation of the National Fund of Social Housing, will prepare the Structure of differentiated Costs according to the degree of advance of each housing unit based on the approval made by the Torrikons Consultant according to report No. 001/003 of the Call I-FL-NS/S-14/03, this expert assessment and assessment of the successful successful tenderers and occupants of the Pantaleon Dalence Multiactive Board of Adjudicators will benefit from the payment provided for in Article 2 (b)? of this Law.
ARTICLE 9.-(EXEMPTION FROM PAYMENT OF PROPERTY TAX ON REAL ESTATE).- In consideration of the social character of the housing solutions to be awarded by the Unit of Titulation of the National Fund Social Housing, the exemption from the payment of the Property Tax is established in favor of the adjudicators and/or beneficiaries of the former FONVIS in Liquidation and/or the entities absorbed by it, that they are occupying, possessing, inhabiting dwellings or lots with or without a service of social interest. Likewise, the National Social Housing Fund's Titulation Unit is exempt from the payment of fees, fines, judicial securities for municipal registration and paperwork in Royal Law Offices, in order to be able to complete the process. (a) to restore the various housing estates and property of the institution. ARTICLE 10.-(EXCEPTIONAL PURCHASE). way of exception, the Executive Director of the National Social Housing Fund is authorized to the Executive Director General, so that in the framework of the administrative rules in force he will make the purchase of In order to solve the problems of double adjudication and settlements raised in the various housing estates. As well as the transfer of a free title in favour of the respective Boards of Directors, of 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.
ARTICLE 11.-(ADDITIONAL PROVISION). The aspects not provided for in this Law shall be governed by the laws and regulations in force for the Former FONVIS in Liquidation.
All provisions contrary to this Law are repealed and repealed. Refer to the Executive Branch, for constitutional purposes.
It is given in the Sessions Room of the National Congress, eight days in the month of September, two thousand nine years.
Fdo. Alvaro Marcelo Garcia Linera, Orlando Careaga Alurralde, Second Tobias Maida Rojas. Therefore, it was enacted so that it has and will comply as the Law of the Plurinational State of Bolivia.
In the city of Santa Cruz de la Sierra, at the sixteen days of the month of September of two thousand nine years. FDO. EVO MORALES AYMA, Juan Ramon Quintana Taborga, Walter Delgadillo Third, Luis Alberto Arce Catacora.
