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Law On Participation And Social Control

Original Language Title: LEY DE PARTICIPACIÓN Y CONTROL SOCIAL

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law no 341

LAW OF 5 FEBRUARY 2013

EVO MORALES AYMA

CONSTITUTIONAL PRESIDENT OF THE PLURINATIONAL STATE OF BOLIVIA

For the Plurinational Legislative Assembly, it has The following Law:

THE PLURINATIONAL LEGISLATIVE ASSEMBLY,

D E C R E T A:

PARTICIPATION AND SOCIAL CONTROL ACT

TITLE I

GENERAL PROVISIONS

CHAPTER I

GENERAL PROVISIONS

Article 1. (OBJECT). This Law is intended to establish the general framework of participation and control

Social defining the purposes, principles, attributions, rights, obligations and forms of its exercise, in application of Articles 241 and 242 of the State Political Constitution.

Article 2. (APPLICATION SCOPE). This Law shall apply to:

I. All public entities of the four Organs of the State, Public Ministry, Ombudsman's Office, Comptroller

General of the State, State Attorney General, Armed Forces, and Police Boliviana.

II. Decentralized, deconcentrated, autarquic, joint ventures, and companies

private companies and institutions that provide basic services or administer tax and/or natural resources.

III. The departmental, regional, municipal and indigenous autonomous territorial entities originating in rural areas. In the

indigenous indigenous autonomy, this Law will be applied according to own rules and procedures.

Article 3. (FINES). This Law is for purposes:

Strengthening participatory, representative and community democracy, based on the principle of popular sovereignty, in the framework of the active exercise of the rights established in the Constitution State Policy.

Consolidating Social Participation and Control as cross-cutting and continuous elements of public management; and in planning processes, monitoring the implementation and evaluation of public policies and the actions of the Plurinational State, in all its fields and territorial levels.

Transparent public management and proper management of state public resources.

Ensuring and promoting Social Participation and Control in the provision and quality of public services.

Ensuring and promote Social Participation and Control in the quality of the basic services provided by private companies or those that administer tax resources and/or natural resources.

Ensuring all forms of participation and Social Control.

To foster and strengthen the forms of Social Participation and Control of organized social and/or union sectors, neighborhood councils, indigenous peoples and nations originating from the peasants, the intercultural and Afro-Colombian communities, in the formulation, follow-up to the implementation and evaluation of public policies of the Plurinational State, according to its own organization and in accordance with its rules, own procedures and forms of management.

Encourage and facilitate the plural, effective, equitable exercise of the right of participation and social control in public management.

Article 4. (PRINCIPLES). It is mandatory compliance principles:

General Principles:

Living Well, sumaj kausay, sum qamana (Living Well), nandereko (harmonious life), teko kavi (Life Good), ivi maraei (land without evil), qhapaj nan (path or noble life). It is founded and justifies in the collective interest, serving with objectivity the general interests of our intercultural country, with access and enjoyment of the material goods and the effective, subjective, intellectual and spiritual realization of the population, ensuring the satisfaction of basic needs, in harmony with Mother Earth and in community with human beings.

Ama Qhilla, Ama Llulla, Ama Suwa (don't be lazy, don't be a liar, don't be a thief). tested, integrated and independent of the Society and the State, which translates into the welfare collective.

Mandate obeying. The relationship by which the president gives the power to the mandant, to execute or fulfill the will of the mandant, to achieve the common good.

Plurinationality. The full existence of indigenous peoples and indigenous peoples and intercultural and Afro-Bolivian communities, which make up the Plurinational State of Bolivia.

Interculturality. Recognition, expression and the coexistence of the cultural, institutional, normative and linguistic diversity of Bolivians and Bolivians, and the indigenous peoples and nations of the Plurinational State, the full exercise of individual rights and collective agreements guaranteed in the Constitution of the State, constituting a society based on respect and equality between all and all, where the joint search for Living Well is predominant.

Responsibility. The practice of Social Participation and Control will be realized as an acquired commitment. accompanying institutional management.

Essential Principles:

Transparency. The honest and adequate management of public resources, as well as the facilitation of public information from the organs of the State and private entities that administer fiscal resources and/or natural resources, in a truthful, timely manner, understandable and reliable.

Ethics. It is the behavior of the person according to the moral principles of service to the community reflected in values of honesty, transparency, integrity, probity, responsibility and efficiency.

Social commitment. The actions will be developed according to the common good and the interests of society.

Independence and Autonomy. Ability to decide and act freely and without relying on a command or authority. The actions of Social Participation and Control shall not be subordinated to any Authority and/or authority of the State, nor shall it receive instructions or pressures from any factual power, which shall be in the interest of particular interests.

contrary to the general interest.

Valuation of Own Sabers. The use of the ancestral norms and procedures of indigenous nations and indigenous peoples, and the intercultural and Afro-Colombian communities, for the management and solution of problems of public interest, will be respected.

Complementarity. The exercise of Social Participation and Control will contribute to the control and control of the government, at all levels of the Plurinational State, to prevent corruption and the appropriation of state institutions by private interests.

Article 5. (DEFINITIONS).

Participation. It is a right, condition and foundation of democracy, which is exercised individually or collectively, directly or through its representatives; in the formation of the Organs of the State, in the design, formulation and elaboration of public policies, in the collective construction of laws, and with independence in decision making.

Social control. It is a constitutional right of a participatory and enforceable nature, through which every social actor will supervise and evaluate the execution of State Management, the proper management of economic, material, human, natural and quality of public services and basic services, for social order self-regulation.

Public Service. It is understood by the service that emerges from the privileges of the State at all its levels, described in Article 2 of this Law.

Public Services. These services can be provided by both public authorities and private bodies, including cooperatives, which seek the common good and are of collective interest.

Basic Services. According to the provisions of Article 20 of the Constitution of the State, Basic Services are understood to be those referring to drinking water, sewerage, electricity, home gas, postal services, and telecommunications.

Actors of Social Control. They are all established in Article 7 of this Law, which exercise Social Participation and Control to public management at all levels of the State and to companies and institutions. public, mixed, and private administering tax resources.

TITLE II

FUNDAMENTAL BASES OF PARTICIPATION

AND SOCIAL CONTROL

CHAPTER I

RIGHTS, ATTRIBUTIONS, OBLIGATIONS

OF THE ACTORS OF SOCIAL PARTICIPATION AND CONTROL

Article 6. (ACTORS IN PARTICIPATION AND SOCIAL CONTROL). They are actors of participation and

Social control, organized civil society, without any discrimination of sex, color, age, sexual orientation, gender identity, origin, culture, nationality, citizenship, language, creed religious, ideology, political or philosophical affiliation, marital status, economic or social status, degree of instruction and differentiated capabilities.

Article 7. (TYPES OF ACTORS). There are the following types of actors in Social Participation and Control:

Organic. These are those that correspond to legally recognized social sectors, neighborhood boards and/or unions.

Community. They are those that correspond to the indigenous peoples and nations of indigenous peasants, the intercultural and Afro-olivianas communities, and all those recognized by the Constitution of the State, which have their own organization.

Circumstantials. These are those that are organized for a particular purpose, and that when the goal has been reached, they cease to exist.

Article 8. (RIGHTS OF ACTORS). Within the framework of this Law, the right to Participation and

Social Control is done through:

Participate in the formulation of policies, plans, programs, projects, and in decision-making in the processes of planning, monitoring the execution and evaluation of public management at all levels of the State.

Performing Social Control to the execution of plans, programs and projects at all levels of the State and/or entities private that administer tax resources, and/or natural resources.

Perform Control Social and access to documented information about the quality of the basic services provided by public, private, cooperative, or other entities.

Be informed about the agreements that are signed with external cooperation institutions and agencies, which develop activities in the territory of the Plurinational State.

Not be discriminated against or discriminated against in the exercise of Social Participation and Control.

Access documented and statistical information, from all public entities and private entities that manage fiscal resources and/or natural resources.

Be assisted and assisted in the search for information by and public servants of state entities, and employees of private companies that provide basic services or administer tax and/or natural resources.

Submit legislative or other legislative initiatives.

Participate in the public accountability processes of the entities in the Multi-National Status.

Access to formal and timely information of all economic resources, programs, and assistance from international cooperation agencies.

Participate in decision making and in the management of the entire public health system.

Participate in the education system, through representative bodies at all levels of the State.

Participate in environmental management, and be consulted and informed in advance on decisions which may affect the quality of the environment and the conservation of ecosystems.

Participate and exercise Social Control in energy development, oil and forestry, companies, institutions and communities.

Participate and exercise Social Control in the development of the mining production chain in all its stages.

Forming an active part of the National Council for the Fight against Corruption, Illicit Enrichment and Illicit Profits, through the legally recognized representatives of civil society at national level, maintaining independence in the fulfilment of its powers In the framework of Law No. 004, Law of Fight Against Corruption, Illicit Enrichment and Research of Fortuunas? Marcelo Quiroga Santa Cruz?, dated March 31, 2010.

Being an active part of the participatory planning entity, as provided for in Article 317 of the State Political Constitution.

Article 9. (ATTRIBUTIONS OF THE ACTORS). In the framework of the Constitution of the State and of the

this Law, the actors of the Social Participation and Control have the following attributions:

To denounce irregular acts, to promote the processing and to demand enforcement of decisions against authorities, servants or public servants and employees of private entities who administer tax and/or natural resources, or provide basic services, to the authorities or competent instances.

Propose regulatory projects and support Organs Legislative in the collective construction of laws.

Promote national, departmental, regional, municipal and indigenous public policies that are native to peasants, aimed at preventing and fighting corruption.

Propose, promote and disseminate policies, plans, programs and projects at different levels of the State, aimed at strengthening the development of intercultural citizenship and co-responsibility in public management.

technical and economic management in the Plurinational State entities.

Articulating civil society with the Plurinational State entities.

Managing civil society demands, at different levels of the State and the autonomous territorial entities, and the private entities that administer tax and/or natural resources.

Interpose the corresponding constitutional actions against any act of public servants and/or natural or legal persons or legal entities that violate or threaten to infringe collective rights and interests, in accordance with the provisions of Law No 254 of 5 July 2012,? Constitutional Procedural Code?.

To assist the competent authorities in the administrative and judicial processes, for facts and crimes of corruption.

Identify and denounce facts of corruption, lack of transparency and denial of access to information to the competent authorities, in accordance with the Constitution of the State and the laws in force.

Promote transparency on the origin of financing of resources economic organizations through the Plurinational Electoral Body.

Formulate reports that substantiate the request for the recall of the mandate, in accordance with the procedure laid down in the Constitution of the State and the Law.

Article 10. (OBLIGATIONS OF THE ACTORS OF PARTICIPATION AND SOCIAL CONTROL). The

Participation and Social Control actors have the following obligations:

Fulfilling the mandate of those who elected them, in accordance with the Constitution of the State, the Laws, Statutes Autonomics, Organic Letters, the rules and procedures of indigenous peoples and peoples originating in peasants, intercultural and Afro-Colombian communities, as appropriate.

To be accountable and to inform those who they have chosen, at least twice a year, the actions and responsibilities they develop in different topics and procedures of public management and competencies of the Authority or entity in which they are exercising Social Participation and Control.

Use the information obtained with transparency, honesty and responsibility only for the purposes of Social Participation and Control.

Velar for the care, protection and recovery of public goods, and the natural, economic and cultural heritage of Bolivia.

alleged facts and acts of corruption or other acts, before the competent authorities.

Promote the initiation of executive, administrative, civil, criminal, audit, or technical expertise against alleged irregular acts committed by public servants or servants in the exercise of their duties.

To ensure that public institutions respond to the common good of society in general and not to particular or sectoral interests.

Generate previous processes of deliberation and consultation for the formulation of proposals public policies, actions, and state policies.

Participate in the

CHAPTER II

RESTRICTIONS AND PROHIBITIONS

TO PARTICIPATION AND SOCIAL CONTROL

Article 11. (RESTRICTIONS ON PARTICIPATION AND SOCIAL CONTROL). Participation and

Social Control, will have a broad and participatory character, except for the following restrictions:

They will not be able to participate and exercise Social Control in security issues of the State, either internal or

You will not be able to access the secret, reserved, and/or confidential information defined by Law.

In the Judicial and Public Ministry, you will not be able to delay or hinder the normal course of the processing and resolution of legal proceedings.

In the Electoral Body, you will not be able to intervene in the electoral process.

Social Control will not delay, prevent or suspend, the execution or continuity of plans, programs, projects and administrative acts, except that evidence of a potential damage to the State, to specific and specific interests or rights is demonstrated. The potential damage will be determined by competent authority.

Article 12. (BANS ON PARTICIPATION AND SOCIAL CONTROL).

I. In the exercise of Social Participation and Control:

The actors of Social Participation and Control will not receive any remuneration, gift, prize, or accept offers or promises of the entities on which they exercise the Participation and Social or Third Party Control.

The actors of Social Participation and Control will not be able to involve their personal interests and the interests of their mandants, with the personal or political interests of the controlled; always prevail the common good that they watch.

The actors of Participation and Control Social will not be able to use or allocate the information and documents received, for other purposes other than Participation and Social Control.

Representatives of the collective actors of Social Participation and Control, will not be able to perform this function for more than two consecutive years.

Having some interest in public procurement processes.

II. In the event of a previous paragraph, the actors of Social Participation and Control, according to the

prohibitions, will be suspended. immediately and/or remitted the background to the corresponding instances or authorities.

TITLE III

FORMS AND EXERCISE OF SOCIAL PARTICIPATION AND CONTROL

CHAPTER I

FORMAS OF PARTICIPATION AND SOCIAL CONTROL

Article 13. (PARTICIPATION AND SOCIAL CONTROL).

I. Everyone individually can be assigned in a circumstantial way to Social Control be this territorial or

functional, exercised to public management, to a certain policy, plan, program or project.

II. Social Participation and Control enjoys legitimacy and recognition by the State, for the exercise of their

rights.

Article 14. (PARTICIPATION AND COLLECTIVE SOCIAL CONTROL).

I. It is called collective Social Participation and Control that is exercised in an organic, community and circumstantial way.

II. The collective Social Participation and Control will be exercised in the territorial and/or functional management, at the national levels,

departmental, municipal and regional.

III. Community and intercultural participation and social and cultural control will be exercised in the indigenous indigenous peasant scope,

as appropriate.

CHAPTER II

SPACES AND REPRESENTATION OF THE

PARTICIPATION AND SOCIAL CONTROL

Article 15. (PERMANENT SPACES). The instances established in Article 2 of this Law,

will create permanent spaces of Social Participation and Control, made up of collective social actors.

Article 16. (REPRESENTATION).

I. The legally recognized collective social actors at the national, departmental, regional, municipal and indigenous levels

native peasant and intercultural, as appropriate, will delegate their representatives.

II. Any person may voluntarily subscribe to the permanent spaces of

Participation and Social Control.

Article 17. (PARTICIPATION AND SOCIAL CONTROL IN THE LEGISLATIVE BODY). The Authority

Legislative will guarantee participation and social control through access to information, public accountability, collective construction of standards, evaluation of their management and control function and audit, according to its regulations.

Article 18. (PARTICIPATION AND SOCIAL CONTROL TO THE INSTITUTIONS OF THE ORGAN

EXECUTIVE). The Executive Body through its Ministries, decentralized, deconcentrated, autarquic entities and public enterprises, will guarantee participation and social control through access to information, public accountability, legislative initiatives, regulations and public policies, according to their regulations.

Article 19. (PARTICIPATION AND SOCIAL CONTROL IN THE JUDICIAL BODY AND PLURINATIONAL CONSTITUTIONAL COURT).

I. The Judicial Authority through the Council of the Magistrature, will guarantee the participation and social control, in the access to the

information, public accountability, the evaluation of management, the disciplinary control and the processes of

II.

II. The Plurinational Constitutional Court will guarantee Social Participation and Control through access to the

information, public surrender of accounts, management assessment, and before the relevant entity, in the application processes, preselection and selection of the judges.

Article 20. (PARTICIPATION AND SOCIAL CONTROL IN THE PLURINATIONAL ELECTORAL BODY). The Plurinational Electoral Organ, will guarantee participation and social control through access to information, public accountability, definition of policies, intercultural strategies, monitoring missions, phases of the process The Supreme Electoral Tribunal, Departmental Electoral Courts, according to its Special Law.

Article 21. (PARTICIPATION AND SOCIAL CONTROL IN THE ARMED FORCES). The Armed Forces

will ensure participation and social control through public accountability, verification of human rights compliance in military and pre-military service, and access to information, provided that the same is not considered secret, reserved, and/or confidential according to Law.

Article 22. (PARTICIPATION AND SOCIAL CONTROL IN THE BOLIVIAN POLICE). The Bolivian Police

will guarantee Social Participation and Control through public accountability, evaluation of policies and actions developed in citizen security, verification of compliance with rights human and access to information, provided that it is not considered secret, reserved and/or confidential according to Law.

Article 23. (PARTICIPATION AND SOCIAL CONTROL IN TERRITORIAL ENTITIES

AUTONOMOUS).

I. The autonomous territorial entities shall guarantee the exercise of Social Participation and Control, according to the Law

Framework of Autonomies and Decentralization and its statutes, through its Autonomous Statutes, Letters Municipal Organic and Regional Statutes and Indigenous Statutes Originating Peasants, in the framework of the Constitution of the State, this Law and other applicable rules.

The departmental autonomous governments, In the case of regional and local authorities, they will ensure participation and social control. participatory construction of legislation and regulations as appropriate, in the planning, monitoring, implementation and evaluation of public management, in the relationship of expenditure and investment and others in the field of their jurisdiction and competence.

III. The indigenous indigenous autonomies will guarantee through their Statutes the participation and social control

according to the organization, identity and vision of each people; in the definition and management of their own forms of economic, social, political, organizational, cultural development; in the administration of natural resources within the framework of the Constitution of the State, this Law and other applicable rules.

Article 24. (SCOPE OF PARTICIPATION AND SOCIAL CONTROL).

I. Participation will be exercised in a broad and decision-making way on public management at all levels of the State, being the complementary Social Control and consequence of that.

II. The Social Control will contribute and complement the government's control and/or control and will recommend with

binding nature to the competent authorities, the beginning of technical expertise, audits and/or in their case, the processes corresponding.

III. The government's oversight and/or control is a function and competence of the State, which empowers it to investigate, control and

sanction the administration of public entities and those in which the State has a stake or interest. In order to prevent, identify and check the incorrect handling of State resources.

Article 25. (STRUCTURE AND COMPOSITION). Civil society shall be organized and define the structure and composition of the Social Participation and Control for all levels of the State; for this purpose it shall be presented to the bodies referred to in Article 2 of this Law, for exercise the rights and privileges within the framework of the State Political Constitution, this Law and other applicable rules.

CHAPTER III

PARTICIPATION AND SOCIAL CONTROL

UTILITIES AND BASIC SERVICES

Article 26. (EXERCISE OF SOCIAL CONTROL TO THE QUALITY OF PUBLIC SERVICES AND

BASIC SERVICES). The actors of Social Participation and Control, and users and users will exercise Social Control to the administration and quality of the public services provided by public companies; and the quality of basic public services provided by private entities, subject to the authorization, control and control of the State.

Article 27. (COMPETENT ENTITIES). The actors of Social Participation and Control and users and users, will be able to go before the competent authorities and the Ombudsman's Office, in order to file complaints for non-compliance with regulations and regulations that affect the quality of the the provision of public services.

Competent entities may require formal, prompt, complete and comprehensive documented and statistical information to the public service providers and provide it to the actors involved in the participation and Social control, and any user and/or user.

Article 28. CLAIMS TO SERVICE PROVIDERS). Las and the actors of Social Participation and Control, users and users, regardless of the complaint filed with the competent entities, may file claims with the entities that provide public services and/or regulatory institutions for these services.

Article 29. (DEFAULT). Non-compliance with the service by the supplier, except in the case

of a fortuitous case or force majeure, will empower the actors of the Social Participation and Control, the user or user to demand the performance of the service, to receive an equivalent benefit or to require the return and complete reparation of the infringement of the right to the competent authorities. In cases where the failure of the service will result in indicia of the commission of a crime, the background must be submitted or presented to the Public Ministry, for the beginning of the investigation concerned.

Article 30. (SANTIONS). The penalty derived from the default by the service providers

will be applied by the competent authority according to the law. The actors of the Social Participation and Control will ensure and in their case will promote the enforcement of the imposed sanctions, before the appropriate authority.

Article 31. (TRANSITIONAL EXERCISE OF THE PROVISION OF PUBLIC SERVICES). In case of

that the provision of a public service is no longer provided by an autonomous territorial entity, the actors of the Social Participation and Control, after report, may request the Plurinational Legislative Assembly, the approval of a law authorizing the transitional exercise of the jurisdiction, in which the conditions, deadlines for its exercise and the conditions of restitution to the autonomous government prevented.

Article 32. (PARTICIPATION AND SOCIAL CONTROL TO PRIVATE COMPANIES THAT LEND

PUBLIC SERVICES). Social Participation and Control for private companies that provide public services will be performed through the types of actors established in this Law.

TITLE IV

OBLIGATIONS STATUS

CHAPTER I

ACCESS TO INFORMATION,

PUBLIC ACCOUNTABILITY, DIALOG, AND PROPOSALS

Article 33. (OBLIGATIONS OF THE STATE). They are State obligations regarding Social Participation and Control, the following:

Act with transparency.

Train and promote Social Participation and Control.

Create permanent spaces for Social Participation and Control at all levels of the State.

Plan and evaluate state policies with the participation of organized civil society.

periodically conduct public surrender processes economic, political, technical, administrative and open assessment accounts management in the framework of the institutional strategic plan and the annual operational planning.

Article 34. (ACCESS TO PUBLIC INFORMATION).

I. The State at its various levels and territorial areas, through all its entities will make available and

will facilitate in an effective and timely manner all the actors of the Social Participation and Control, the information of understanding

II.

The State at its various levels and territorial areas, will implement documentation centers, information networks, electronic government, telecentres and other similar instruments, which facilitate access and understanding of public documentation and information.

Article 35. (TRAINING AND PROMOTION).

I. The State at its various levels and territorial areas, will promote, generate and implement policies, plans, programs and training projects for the exercise of Social Participation and Social Control in a broad, active, plural and intercultural.

II. The training of the actors of Social Participation and Control at all levels of the State, will be imparted by

systematic and sustained by all the entities referred to in Article 2 of this Law.

III. The State will promote the training of public servants on the role of Social Participation and Control in

public management, through the School of Plurinational Public Management and other competent entities.

IV. The Ministry of Education will include in the educational curriculum the theme of Social Participation and Control, and

will promote the exercise of an intercultural democratic citizenship.

Article 36. (PARTICIPATORY PLANNING AND IMPLEMENTATION WITH SOCIAL CONTROL).

I. The State authorities at their different levels and territorial areas, will develop policies, plans, programs,

projects and budgets with active participation of the actors of Social Participation and Control.

II. Prior to the elaboration of plans, programs, projects and budgets, the authorities of the State in their

different levels and territorial areas, will disseminate and will put to the knowledge of the society, the schedule of the activities participatory planning, for decision making.

III. The authorities of public, mixed and private companies and institutions that administer fiscal resources,

will ensure Social Participation and Control to the execution of policies, plans, programs and projects.

Article 37. (PUBLIC ACCOUNTABILITY AND EVALUATION OF MANAGEMENT RESULTS).

I. The organs of the State, the autonomous territorial entities and the public entities of the Plurinational State, will carry out

public performances of accounts and evaluation of results of management, to society in general and to the actors who exercise Social Control in particular.

II. The public and private entities that administer fiscal resources and/or natural resources, have the obligation of

to formally convene the actors of Social Participation and Control that correspond, to the processes of public surrender accounts.

III. The dissemination of the report must be carried out in writing and on the entity's website in advance of fifteen calendar days for the performance of the event.

IV. The public accountability shall be carried out at least twice a year, in a half-yearly, clear and

understandable presented in public act widely called for the effect, with participation of the interested population and the organized civil society, whether or not they have been part of the process of planning policies, plans, programs and projects, taking responsibility for their realization to the Maximum Authorities of each entity.

V. Private companies that provide public services or manage tax resources, will account and perform

public assessments of the quality of their services.

VI. Once the public accountability of accounts has been carried out, the social actors will be able to verify the results and in their absence

decide on the results, and must be endorsed in a report.

Article 38. (PUBLIC ACCOUNTABILITY FOR SPECIFIC ACCOUNTS).

I. The actors of the Social Participation and Control directly interested in a particular project, will be able to ask

the public accountability on the project, during or at the end of their execution.

II. The specific accountability will be performed at the location of the project location or the place of residence of the

target population of the project.

III. The public accountability of specific accounts, may be chaired by the Maximas Authorities of the entity and assisted

technically by him or those responsible for the execution of the project, taking responsibility for its realization in the Maximum Entity Authorities.

Article 39. (DIALOGUE TABLES AND PROPOSALS).

I. The Plurinational State, through the respective Ministries, will guarantee the realization of Messes of Dialogue

five-year, in the field, municipal, regional, departmental and national for the participation and concertation of proposals of development and governance policies that will be systematised and incorporated into the Economic and Social Development Plan.

II. The autonomous departmental, regional, municipal, and indigenous governments of peasants, will hold Mesas

of Dialogue for the participation and concertation of development proposals and government policies that will be systematised and incorporated in their respective Development Plans.

Article 40. (SPACES FOR INFORMATION AND PROPOSAL).

I. The Plurinational State will guarantee democratic spaces in the media, so that the actors of the participation

and Social Control of the national level will present reports and be held to account on the exercise of their functions.

II. The autonomous departmental, regional, municipal, and indigenous governments of peasants, will guarantee

democratic spaces in the media if it corresponds, so that the actors of the participation and social control, report and hold accounts on the exercise of their functions.

CHAPTER II

FINANCING FOR SOCIAL PARTICIPATION AND CONTROL

Article 41. (FUNDS FOR PARTICIPATION AND SOCIAL CONTROL).

I. The Maximum Authorities of the State Organ, at all levels and territorial areas, companies and

decentralized, deconcentrated, autarquic and joint ventures, will ensure that in all their plans, programs and projects are included within its annual budget, the necessary and sufficient resources to effectively implement the right of Social Participation and Control.

II. State Control and Regulatory Entities that have competence over each specific area, will be allocated

of the budget allocated by the State Treasury, of revenue from regulatory fees, rights, patents, fines and other income; the necessary and sufficient resources for the right of participation and social control to the quality of the services of private companies that provide public services or manage resources For purposes of this Law.

III. The Plurinational State shall ensure that in any Convention or other document analogous to external cooperation for the

implementation of policies, plans, programmes and/or projects according to the unity, sovereignty and interests of the people; The budget for Social Participation and Control.

IV. The use of resources for the exercise of Social Participation and Control, will be subject to regulation

special issued by competent authorities at all levels of the State, as appropriate, with participation of the organised civil society. These resources will be subject to audit according to current regulations.

V. In no case will the resources for the exercise of Social Participation and Control be allocated to the payment of

remuneration.

The resources for monitoring committees in the autonomous governments go through the strengthening of Social Participation and Control represented by the types of actors established in Article 7 of this Law. The use and destination of these resources will be subject to audit by the Comptroller General of the State, according to regulations.

TRANSIENT provisions

FIRST. The autonomous regional, regional, municipal, and indigenous territorial entities

will guarantee the inclusion of the participation and social control in their respective Statutes, Organic Letters and in the regulations in the framework of the Constitution of the State, this Law and other applicable rules.

SECOND. Within the framework of this Law, the four Organs of the State, the Public Ministry, the Office of the

, the Office of the Attorney General of the State, the State Attorney General, the Armed Forces, the Bolivian Police, and the Public Institutions decentralized, deconcentrated, autarquics, joint ventures and private companies that provide basic public services or administer fiscal resources, must in a term not greater than ninety (90) days, regulate the way to process and give compliance with the binding reports issued by the parties and the actors of the Participation and Social Control, for the purposes set out in paragraph II of Article 24 of this Law.

THIRD.

I. As of the enactment of this Law, the competent authorities, within the maximum period of ninety (90) days,

will work together with the social actors, a normative instrument for the distribution, disposition and management of

II.

II.

II. The Municipal Autonomous Governments, will establish by Municipal Law no longer than ninety (90) days, the

operation and implementation of the Participation and Social Control.

REPEAL provisions

FIRST. Article 133 of Supreme Decree 29894 of 7 February 2009, of the Structure

Organizational of the Executive Body of the Plurinational State, is repealed.

. Articles 10, 11, 12, 13, 14, 15, 16, 17 and 18 of Supreme Decree No 24447 are hereby repealed, and

Articles 14, 15, 16, 17, 18, 19 and 20 of Supreme Decree No 23858 of 9 September 1994.

THIRD. articles 25, 26, 27, 28, 29, 30, 31 and 32 of Law No 2235 of 31 July 2001, Law of National Dialogue 2000, are repealed.

FOURTH. articles 13 and 14 of Supreme Decree No 26451 of 18 December 2001 are repealed.

QUINTA. Articles 150 and 151 of Law No 2028 of 28 October 1999, Law of

Municipalities are repealed.

SIXTH. All provisions contrary to this Law are repealed.

FINAL DISPOSITION

ONLY. This Law shall enter into force on the day of its publication in the Official Gazette of the State Plurinational.

Remit to the Executive Body for constitutional purposes.

It is given in the Session Room of the Plurinational Legislative Assembly, at the twenty-two days of December

of the year two thousand twelve.

Fdo. Lilly Gabriela Montano Viana, Rebeca Elvira Delgado Burgoa, Mary Medina Zabaleta, David Sanchez

Heredia, Wilson Chancaray T., Angel David Cortez Villegas.

Therefore, it is enacted to have and comply with the law of the State. Plurinational of Bolivia.

Palace of Government of the city of La Paz, five days of the month of February of the year two thousand thirteen.

FDO. EVO MORALES AYMA, Juan Ramon Quintana Taborga, Carlos Gustavo Romero Bonifaz, Ruben Aldo

Saavedra Soto, Luis Alberto Arce Catacora, Cecilia Luisa Ayllon Quinteros, Jose Antonio Zamora Gutierrez, Roberto Ivan Aguilar Gomez, Claudia Stacy Pena Claros, Nardy Suxo Iturry, Amanda Davila Torres.