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LAW N ° 3313 LAW OF DECEMBER 16, 2005
EDUARDO RODRIGUEZ VELTZE CONSTITUTIONAL PRESIDENT OF THE REPUBLIC
soon as the Honorable National Congress has sanctioned the following Law: THE HONORABLE NATIONAL CONGRESS, D E C R E T A: URBAN HUMAN SETTLEMENTS LAW,
HARMONICS AND STRATEGICALLY PLANNED TITLE I
URBAN, HARMONIOUS AND STRATEGICALLY PLANNED HUMAN SETTLEMENTS CHAPTER I
ARTICLE 1 GENERAL PROVISIONS. (Object). It aims to establish a public policy that guides the occupation of the territory through
the generation, conservation and consolidation of Urban, Harmonic and Strategically Planned Human Settlements, Sustainable, in comparative advantage to achieve levels of competitiveness and quality of life. ARTICLE 2. present Law of Urban, Harmonic and Strategically Planned Urban Human Settlements, standard the characterization of new human settlements; conservation and strengthening of existing ones in the framework of sustainable development and local, regional and national socio-economic development. ARTICLE 3. (Definitions). For the purposes of the Law, the following definitions shall apply:
Urban Human Settlement. It is the one that, from a population size and urban function, or the sum of both; conditions the occupation of the space of its environment and the structure in the relationship with other human settlements for the exploitation of economies of scale and productive diversification for social and economic benefits in the framework of sustainable development.
Healthy Settlement. It is the one in which its political leaders, local organizations and citizens, develop the process of continuously and progressively improving the health and quality of life of all inhabitants, forming and strengthening a social pact. between social authorities, community organizations and public and private sector institutions.
Quality of Life. It is the capacity of the occupying social group of the territory, to satisfy its needs with the sustainable resources in a given natural space. It encompasses the elements necessary to achieve a decent human life.
Characterization of Human Settlement. Qualification of the Human Settlement related to the productive factors of its environment, for the implementation of the infrastructure of services and support to the production.
Local Economic Development. It is a process that manifests itself in a given territory, based on the combination of public and private effort with a shared vision of development, which allows to design binding strategies and alliances, which are translated into shared responsibility, promoting concurrent investments that are reflected in local development processes, for the generation of productive diversification.
Sustainable Development. Process by which the needs of the present generation are met, without putting at risk the satisfaction of the needs of future generations. The concept of sustainable development implies a permanent global task.
Urban Development. Sustainable progress of human settlements in the territory, for the improvement of the quality of life of the population in an equitable way and the domination of the national territory with the best use of its resources.
Territory. A concerted process of the use and settlement of human groups, which transform the natural environment, for the generation of harmonious conditions that promote development processes and guarantee quality
of life.
Public Policy. A concatenation of activities, decisions or measures of the State, concerted with society through processes involving the actors of a territory and aimed at having a determined influence on the life of the citizens.
Comparative Advantages. It is the development of local capacities that allow the creation of strong territories, in order to counterpose action and development interests against contingencies that arise in the relationship with other local and external scenarios.
Competitive Advantages. They are those that are deliberately generated to give strength to one country or territory to another.
ARTICLE 4. (Purposes). This Law has the following purposes:
The establishment of urban human settlements in areas with comparative advantages for the generation of economic, social and environmental dynamics;
The balanced distribution and sustainable population centers and economic activities in the national territory;
The sustainable development of the country's regions through the use and exploitation of natural resources.
The prioritization of border areas for the generation, conservation and consolidation of urban human settlements, in exercise and safeguard national sovereignty and natural resources, within the framework of State geopolitics.
Strengthening integral human development to improve the level and quality of life of the urban population;
establishment of healthy human settlements;
The promotion of participatory dynamics for the urban human settlement process; ensuring the incorporation of the actors of the territorial, institutional and society scenario civil;
The coordination and coordination of public and private investment with the local and regional development planning;
The guarantee of legal certainty for public, private and mixed investment;
The connectivity of sustainable markets and productive factors, on the basis of a new local economy, competitive, articulated, self-sustaining and integrated into the regional, national and global economy;
Economic development, transfer and technological innovation applied, depending on local capacities, human resources, resources natural and technological accesses;
The use of primary economies capable of being transformed with added value, guaranteeing the generation of economies of scale and productive diversification.
Strengthening of micro, small and medium enterprises (MIP and MES);
Internal structuring of the populated centres and the adequate and timely provision of infrastructure, equipment and urban services? rural;
The development, sizing and adaptation of urban infrastructure, equipment and services in the towns;
The conservation and improvement of the environment in human settlements;
preservation and conservation of the cultural heritage of town centres;
The regularization of the right to property and its legal certainty;
The regulation of the urban housing market;
The promotion of changes in the environmental performance of production, distribution and consumption. ARTICLE 5. (Impact). The public policy defined in the framework of this Law will be aimed at generating strategic lines to achieve:
Economic impact: in the exploitation of economies of scale and productive diversification, that dynamize the regional economic environment, creating conditions for the generation of jobs and productive urban and rural activities, that find in the territory a synergistic factor, enhancing public and private productive initiatives.
Impact social: in the increase of the quality of life and the harmonious coexistence, building spaces for participation and strengthening citizen social control with equity and gender.
Spatial territorial impact: in a new way of organizing territorial space through better population redistribution, distributed in strategic areas according to the physical characteristics of the territory and the social and cultural factors of the groups occupying the territory, in the framework of the territorial order, promoting the development of settlements urban, harmonious, balanced, sustainable human resources and the promotion of social infrastructure and production support.
Environmental impact: on sustainable development, ensuring a harmonious relationship of the entire set of natural, social and cultural values.
CHAPTER II POLICY HUMAN SETTLEMENTS
ARTICLE 6. (Urban Human Settlements Policy). I. The National Policy of Urban, Harmonic and Strategically Planned Human Settlements is defined as
a Public Policy of State, which for the fulfillment of Article 1 and 3 of this Law, supports local economic development. for the purpose of generating, conserving and consolidating urban, harmonious and strategically planned and sustainable human settlements, on the basis of primary macroeconomies susceptible to transformation and incorporation of added value.
II. As of the date of publication of this Law, all institutions public administration, decentralized, municipal administration and departmental administration, as well as private development institutions and other international cooperation agencies will have to meet the Urban Human Settlements Policy.
ARTICLE 7. (Concurrency). The implementation of the Public Policy of Urban, Harmonic and Strategically Planned Human Settlements, as defined in the previous Article will be exercised concurrently at the national, departmental and municipal level; implemented in the framework of the Territorial and Economic Development Ordinance, established in the General Plan for Economic and Social Development (PGDES), Economic and Social Departmental Development Plan (PDDES) and Municipal Development Plans (PDM) and of the National Planning System (SISPLAN). CHAPTER III
INCENTIVE POLICY
ARTICLE 8. (Tax Release). Any productive economic activity that is related to the generation of value added to natural resources, in the framework of plans, programs and projects that contribute to the establishment, implementation and/or strengthening of An Urban, Harmonic and Strategically Planned Human Settlement will be released from the payment of the Tax on Utilities (IU), Value Added Tax (VAT) and Transaction Tax (IT), computable from the day they start produce, for a period not exceeding 5 years. ARTICLE 9. (Capital Goods). They are released from the Tariff Tax (GA) and Value Added Tax (VAT) to capital goods and imported inputs, which are not produced in the country and are related to the generation of value added to the resources. natural, within the framework of plans, programs and projects that contribute to the implementation and/or strengthening of an Urban, Harmonic and Strategically Planned Human Settlement. ARTICLE 10. (Scope). The rules laid down in the Tax Incentives Scheme are applied to all micro, small, medium and large enterprises, national and/or mixed, that make new investments for the generation of jobs, in an Urban, Harmonic and Strategically Planned Human Settlement. TITLE II
GENERATION OF URBAN, HARMONIC AND STRATEGICALLY PLANNED HUMAN SETTLEMENT PROCESSES.
CHAPTER I PLANNING
ARTICLE 11. (Requirements for the Generation and/or Strengthening of Human Settlements). The generation and/or strengthening of Urban, Harmonic and Strategically Planned Human Settlements that determines this Law will be implemented according to the following requirements:
The determination of the national public interest, regional and municipal, for the settlement in the framework of sustainable development.
The determination of comparative advantages of renewable natural resources susceptible to sustainable productive use and use that generate added value.
Determining the comparative advantages of natural resources renewable exploitable productive exploitation with added value generation;
Social, political and institutional consensus;
The location of the area for planned human settlement;
Municipal land registry project. ARTICLE 12. (Planning Instrument).
Urban, Harmonic and Strategically Planned Human, Harmonic and Strategically Planned Settlements
the Framework of the National Planning System (SISPLAN) are:Municipal Planning Plan Territorial (PMOT), interlinked with the Municipal Development Plan (PDM).
Department of Territorial Ordinance (PDOT) plan, interlinked with the Economic and Social Departmental Development Plan (PGDES).
National Plan for Territorial Ordering (PNOT), interlinked with the General Plan for Economic and Social Development (PGDES).
FINAL PROVISIONS FIRST. (From the Associations of Municipalities). The Associations of Municipalities will contribute in coordination with their partners, for the implementation of this Law.
. (Settlements in Fact). The human settlements and the de facto occupations that occur in urban, rural areas and areas classified by express norm are illegal and will be liable for eviction under the laws of the Republic, with the intervention of the force public and at the request of a competent administrative or judicial authority. TRANSIENT DISPOSITION FIRST. The Executive Branch is entrusted with the elaboration of the Regulations of this Law within 90 days of its publication. REPEAL PROVISION UNICA (Derogatory). All legal provisions contrary to this Law are hereby repealed. Refer to the Executive Branch for constitutional purposes. It is given in the Session Room of the Honorable National Congress, eight days in the month of December two thousand five years.
Fdo. Luis Morgan López Baspineiro President in Exercise Honorable National Senate, Norah Soruco of Salvatierra, Juan Luis Choque Armijo, Gonzalo Chirveches Ledezma, Erick Reyes Villa B., Aurelio Ambrosio Muruchi. Therefore, it was enacted so that it has and will comply with the law of the Republic. Palace of Government of the city of La Paz, at the sixteen days of the month of December of two thousand five years. FDO. EDUARDO RODRIGUEZ VELTZE, Ivan Aviles Mantilla.
