Official Journal. No. 40,658 of 9 November 1992
For which the Budget of Rentas and Resources of Capital and the Law of Appropriations for the fiscal life of the 1o are decreed. January to 31 December 1993
THE CONGRESS OF COLOMBIA,
REVENUE AND CAPITAL RESOURCES BUDGET.
ARTICLE 1o. Please note the computes of the Treasury of the Nation's income and capital resources budget for the fiscal life of the 1st. From January to 31 December 1993, in the sum of ELEVEN BILLION THREE HUNDRED AND SEVENTY-EIGHT THOUSAND SIX HUNDRED AND SIX MILLION FIVE HUNDRED AND THIRTY THOUSAND NINE HUNDRED AND EIGHTY-SEVEN PESOS. ($11,378.606.530.987.oo), as per the revenue and capital resources budget detail for 1993, as follows:
ARTICLE 2o. EXPENSE BUDGET OR APPROPRIATIONS DECREE. Appropriate to meet the costs of operating, investing, and servicing the public debt of the General Budget of the Nation during the fiscal year of the 1st. From January to December 31, 1993, a sum worth: ELEVEN TRILLION THREE HUNDRED AND SEVENTY-EIGHT THOUSAND SIX HUNDRED AND SIX MILLION FIVE HUNDRED AND THIRTY THOUSAND NINE HUNDRED AND EIGHTY-SEVEN PESOS ($11,378,606,530,987) LEGAL CURRENCY as per the detail.
The budget figures should be consulted in the Official Journal Printed No. 40.658 of November 9, 1992.
ARTICLE 3o. The General Provisions of this Law are complementary to the Organic Law of the General Budget of the Nation and should be applied in harmony with this Law.
OF THE APPLICATION FIELD.
ARTICLE 4o. The general provisions govern the Legislative Ramas, Executive of the National and Judicial Order of the Public Power, the Electoral Organization, the Public Ministry, the Comptroller General Republic, the Treasury Veeduria and the National Public Establishments. The present provisions will be extended to the industrial and commercial enterprises of the State and to the societies of mixed economy which, because they have the State more than 90% of their share capital, are governed by the norms of the industrial companies and State commercial, only on the resources incorporated in the General Budget of the Nation for them.
Funds without legal status, called Special or Account, created by law or with their express authorization, are a system for the management of accounts on the part of the goods or resources administered by agencies and entities of the Administration. National Public, they are subject to the norms and procedures established in the National Constitution and the Organic Statute of the General Budget of the Nation, in this law and in the regulations. The collection of income and the payment of commitments and obligations shall be carried out under the direct or delegated mandate and the responsibility of the authorising officers for the expenditure of the bodies of which they are budgeted.
OF CAPITAL INCOME AND RESOURCES.
ARTICLE 5o. Pursuant to article 338 of the National Constitution and Article 7o of the Organic Statute of the General Budget of the Nation, the income budget contains the estimate of current income expected to be collected during the fiscal year, capital resources, parafiscal revenues collected by the state or by private individuals through contract and managed by -the resources administered by the public establishments of the order national.
The parafiscal contributions that should not be administered directly or indirectly by the State are not included in the General Budget of the Nation.
ARTICLE 6o. The monies that are collected or collected by the agencies and entities referred to in Article 4or in this law are to be incorporated into the General Budget of the Nation, under the terms of article 345 of the Political Constitution of Colombia.
ARTICLE 7o. The entire current income of the Nation shall be entered in the General Treasury of the Republic by the Entities and Entities entrusted with its collection.
ARTICLE 8o. The collection of contributions or contributions in favor of the Superintendents shall be made directly in the Directorate General Treasury of the Republic.
ARTICLE 9o. The parafiscal resources of the National Coffee Fund will continue to be collected and administered in the same way that it has been done, under the contract concluded between the Nation and the National Coffee Federation.
ARTICLE 10. The audit fee to be paid by public establishments in the resources administered by them shall be entered in the General Treasury of the Republic not later than 30 May of 1993.
The resources that the Nation transfers to the departments, districts and municipalities may not be used as a basis for the calculation of the audit fees for territorial comps.
ARTICLE 11. The product of the reintegrals of surplus members entered in the General Treasury of the Republic, in the account of Resources not appropriate, will not have specific destination in accordance with the Article 359 of the Political Constitution and, may serve as a basis for the opening of additional appropriations in the General Budget of the Nation.
ARTICLE 12. The product of the reintegrals of surplus members entered in the General Treasury of the Republic, in the account of Resources not appropriate, will not have specific destination in accordance with the Article 359 of the Political Constitution and may serve as a basis for the opening of additional appropriations in the General Budget of the Nation.
ARTICLE 13. The class "B" TES intended for funding of budget appropriations and for temporary operations of Treasury, which deal with Articles 4 and 6 of Law 51 of 1990 and the article 17, paragraph 3 of Law 6 of 1992, will not count with a guarantee of solidarity from the Bank of the Republic and the amount of the emission or emissions in the first event will be limited to the amount of the budget appropriation that is financed from that source of resources. In the case of the TES "B" to carry out temporary operations of Treasury the amount of issue will be fixed by the decree that authorizes it.
The debt service of the titles that this article deals with will be appropriate in the General Budget of the Nation.
PARAGRAFO: The class "A" TES will continue to be governed by the provisions of law 51 of 1990 and standards that develop it.
OF THE BUDGET EXECUTION.
ARTICLE 14. The execution of the budget shall be made on the basis of the annual cash program and the monthly expenditure agreements, approved in accordance with the provisions laid down in the Organic Law of the Budget, and its regulatory decrees.
ARTICLE 15. The modifications to the Annual Cash Program that do not change the total values for operating expenses, debt service and investment will be approved by the Ministry of Finance. General Budget Address.
ARTICLE 16. Any administrative act that affects the General Budget of the Nation will require for its validity and enforceability, the prior budget record of the respective budget office, or the (a) to ensure that the resources are available to meet the commitments.
Consequently, no authority may contract non-existent appropriations, in excess of the available balance, in anticipation of the opening of the corresponding additional credit, from credit resources whose contracts do not they are perfected, or without the authorization to commit future vigencies approved by the Superior Council of Fiscal Policy-CONFISH-or by whom this delegate. The official who does so shall be personally liable and shall pay the obligations which he or she contracts.
PARAGRAFO. The obligations that are intended to be acquired in violation of this article will have no value.
ARTICLE 17. The ministries, administrative departments, national public establishments, superintendencies, special administrative units and the Funds without legal status shall annually draw up a general programme of detailed purchases of the goods, services and other elements which they require for their operation and organisation, and subject to approval by the Ministry of Finance-Directorate-General for the Budget-in accordance with the terms established in Decree 767 of 1988, in the judgment of the State Council of 17 April 1991 and in the instructions of the Manual of Budgetary Programming prepared by the Directorate-General of the Budget, and other instructions for the purpose of establishing the Ministry of Finance and Public Credit.
The Legislative And Judicial Branches, the Electoral Organization, the Public Ministry, the Comptroller General of the Republic, and the Treasury Veeduria will present a general program of purchases of the goods that they require for their operation, with the aim of subject to the approval of the Ministry of Finance-Directorate-General for the Budget.
PARAGRAFO. The failure to comply with this article will be a reason for the Ministry of Finance and Public Credit-Directorate General of the Budget-to refrain from dealing with the allocations related to the general purchasing plan, without prejudice to actions to be taken in accordance with the current legal provisions.
ARTICLE 18. Payments for tax purposes and other nationalization expenses, differences in the exchange rate on foreign turns, and other costs inherent in the budget operation that is made, are cover the budget appropriation that originates them. These payments shall be taken into account in the determination of the costs by the respective agencies and entities. The same procedure must be followed with the value added tax-VAT-when it is caused.
ARTICLE 19. The constitution and operation of the smaller boxes and the use of the advances of the agencies and entities of the General Budget of the Nation, will require the regulation by the Ministry of Finance-Directorate-General of the Budget-which must be issued by 15 February 1993 at the latest.
ARTICLE 20. No official may earn in dollars at the same time salary and duty, except for those belonging to the diplomatic and consular service or who are legally authorized to do so.
ARTICLE 21. The agencies and entities may make distributions in the revenue and expenditure budget, without changing their destination or amount, by resolution subscribed by the head of the respective body if it is a matter of contributions from the Nation, or by agreement or resolution of the Boards or Directive Councils for the resources administered by the Public Establishments of the national order. Such administrative acts shall require the approval of the Ministry of Finance and Public Credit-General Directorate of the Budget.
When it comes to allocations that correspond to the investment budget will be required from the previous and favorable concept of the National Planning Department.
PARAGRAFO. The income and expense budget distributions are excepted by means of which regional disaggregations are performed, which do not require endorsement by the General Budget Directorate, always and when they do not change their destination or amount. However, the agencies and entities shall report such distributions to the General Directorate of the Budget of the Ministry of Finance and Public Credit, within the month following the distribution.
ARTICLE 22.-When the agencies and entities that are part of the General Budget of the Nation, the industrial and commercial enterprises of the State and the societies of mixed economy of the national order subject to the arrangements of such distributions of any of the concepts of expenditure or to conclude contracts with each other, which affect their budgets, shall make adjustments by means of resolutions of the Head of the Agency in the case of resources of the Nation or agreement or resolution of the Boards or Directives in other cases.
The procedure provided for in this Article shall also apply when contracts are concluded with regional and local government entities.
These budget operations require the prior and favorable concept of the National Planning Department for investment expenses. The Ministry of Finance-Directorate-General of the Budget-will endorse the acts of the agencies and the resolutions or agreements of the Boards or Directives, which must be submitted for these purposes accompanied by the respective certificate of budget availability and its economic justification in which the object, value and duration of the contracts are specified.
ARTICLE 23. The official universities (departmental, district and municipal) that receive contributions from the Nation will execute the allocations prior to the performance agreements and subject to the appropriations provided for in the Annex to the Decree on Liquidation.
Monthly expense agreements may only be made prior to compliance with this article.
ARTICLE 24. The official universities of the National Order that have funds or special management accounts that are not included in the budget will have to comply with the article 345 of the Political Constitution and therefore incorporate these resources into the budget. Its distribution will require the endorsement of the Ministry of Finance-Directorate General of the Budget.
ARTICLE 25. The execution of the appropriations for the Regional Educational Funds (FERs) and the Sectional Health Services shall be carried out in accordance with the amounts provided for in the Annex to the settlement decree.
ARTICLE 26. The Sectional Health Services in the programming, execution and control of the budget financed with the fiscal position and the National Income transferred under legal norms shall be governed by the Organic Law of the General Budget of the Nation. Therefore, the budgets and their respective modifications should be jointly endorsed by the Minister of Health and the Director General of the Budget of the Ministry of Finance and Public Credit. The Ministry of Health shall send the budgets to the Directorate-General for the Budget before 30 January 1993.
PARAGRAFO 1o. The Ministry of Health and the Health Sectional Services will not be able to modify their plans of charges without the respective certificate of budget availability, issued by the budget chief of the Ministry of Health or those who do their times, stating that there is sufficient appropriation for the payment of salaries, benefits and other fees up to 31 December 1993 and the certificate of budgetary viability issued by the Directorate General of the Budget of the Ministry of Finance and Public Credit.
PARAGRAFO 2o. National health system entities that receive National Budget resources, in accordance with the provisions of Law 4 of 1992, will observe in the negotiations The guidelines and policies set by the CONPES are collective, without prejudice to the full respect of the right to collective bargaining and to the availability of the existing budget. the violation of this Article shall generate personal responsibility and pecuniary liability of the institution's administrators and their boards or boards of directors if they exist.
ARTICLE 27. The Ministry of Finance and Public Credit to endorse the budgets financed with fiscal position, will take into account that the territorial entities have complied with the distribution of resources under the terms of Law 10 of 1990 and other rules that modify or develop it, and with them they will most preferably fund personal services and transfers.
ARTICLE 28. Charges that are created in the sectional or local health addresses, different from those received by the decentralization acts ordered by law 10 of 1990, will be financed exclusively by departmental, district, or municipal rents, as the case may be.
ARTICLE 29. The Regional Educational Funds (RES), as dependencies of the Ministry of National Education, in the programming, implementation and control of the budget will be governed by the organic law of the budget. General of the Nation.
ARTICLE 30. The Fund for the Promotion of Teaching Services and the Pilot Experimental Centers, administered by the Regional Educational Funds, should be incorporated in the General Budget of the Nation. Therefore, the Ministry of Education will have to deal with the Ministry of Finance and Public Credit-Directorate General of the Budget-the corresponding budgetary modifications.
ARTICLE 31. The Regional Educational Funds FER will not be able to carry out expenses for advertising and propaganda. The resources from the National Budget must be handled in the accounts authorized by the Directorate General Treasury of the Republic. The Delegate of the Minister of Education shall ensure the timely payment of the obligations. Failure to comply with this provision will cause misconduct.
ARTICLE 32. The treasurers of the Regional Educational Funds are obliged to comply with the timely payment of the payroll and under no circumstances will they be able to leave in any type of accounts, the resources received from the Directorate General Treasury of the Republic for more than five calendar days.
Before February 28, 1993 the treasurers of the ERF must send to the Treasury Directorate General of the Republic a detailed account of the number of accounts they handle, the average monthly balance and the unused resources at 31 December. of 1992. Failure to comply with this provision will cause misconduct.
ARTICLE 33. The budget appropriations intended to finance salaries and other personal services, to the Colombian Family Welfare Institute, to the National Social Security Fund, to the National Service The National Savings Fund, the Social Insurance Institute, the Industrial Schools and the Technical Institutes, the compensation banks and the pension appropriations cannot be countered unless the the value of the factors that affect the basis of the calculation or the Director General of the Budget of the Ministry of Finance and Public Credit authorizes it.
The requests for agreement of expenses corresponding to the appropriations mentioned in this article shall be made only on the basis of the cost of the payroll to be paid.
ARTICLE 34. The payments for medical-care and pension services to be carried out by the social security institutions corresponding to the fiscal life of 1992 can be covered by the Fiscal 1993 resource resources.
ARTICLE 35. In order to guarantee the economic conditions of the Notaries and their employees, the National Notary Fund will transfer to the Social Welfare Fund of Notaries and Registry-FONPRENOR-, the surplus resources from the proceeds of their income after their operating and investment expenses are discounted, in order to constitute pension reserves or to pay for the payment of pensions.
ARTICLE 36. The budget availability certificates required for additions to the National Budget will be requested by the Director General of the Budget to the Comptroller General of the Republic, while the Accountant General of the Republic enters the exercise of his duties.
The certificates of availability of the resources administered by the public establishments will be issued by the Head of Budget or who will do his or her times and the computer of the expenditure of the respective entity.
ARTICLE 37. Pursuant to article 122 of the Political Constitution and Article 76 of Decree 1042 of 1978, for the linkage of workers It is necessary that the jobs that are to be occupied are planned in the staff plant.
The links that are intended to be made outside of the provisions of this article are invalid and do not create acquired rights.
ARTICLE 38. The linkage of day laborers for the performance of occasional or transient tasks for periods longer than three (3) months must be authorized by resolution signed by the Chief of Staff respective body.
All payments to which day laborers are entitled for wages and benefits will be charged to the Jornales item.
ARTICLE 39. Resources for training and social welfare programs cannot be designed to create or increase wages, bonuses, bonuses, bonuses, benefits, social benefits, Extra-claims or occasional pecuniary stimuli that the law has not established for public employees, nor to provide benefits in direct or direct money or by means of subsidized loans, except in the event of a calamity domestic. The authorising officer responsible for these expenses shall be responsible and disciplined for such violations in accordance with the applicable laws.
ARTICLE 40. Except for the express legal authorization, modifications of the personnel plants of the entities and entities referred to in Article 4or of this Law that An increase in the value of the plant's costs will take effect only from 1 January 1994.
ARTICLE 41. Except express legal authorization may not be made to modifications of the structure of the Ministries, Administrative Departments and other national administrative bodies until not there is legal development of article 189 numeral 16 of the Political Constitution.
ARTICLE 42. Any proposed modification to the personnel plants will require for consideration and processing by the Ministry of Finance and Public Credit-Directorate General of the Budget-the Following requirements:
1. Certificate of budgetary availability subscribed by the Head of Budget of the body or entity, indicating whether the expenditure with operating or investment resources will be met, when the plant must enter by legal authorization in effect during 1993.
Availability must ensure the existence of resources for the duration of the tax.
2. Explanatory statement.
3. Costs and comparative expenses of the plant in force and of the one proposed, presented in the formats designed by the Ministry of Finance-Directorate General of the Budget.
4. Analysis of the Expenses in Current Goods and Services in which the modification will be incurred.
5. Effects on investment expenditure.
6. Prior and favorable concept of the National Planning Department in the case of Investment Expenses.
PARAGRAFO 1o. The Administrative Department of the Civil Service will approve the modifications to the personnel plants of the agencies and entities, when these have set the procedures before the Ministry of Finance. General Direction of Budget.
PARAGRAFO 2o. No plant modifications may be made, when the resources with which they would be financed are suspended in accordance with Articles 63 and 64 of Law 38 of 1989, except for reduce them.
PARAGRAFO 3o. The modification process to personnel plants will not require the Public Spending Control Committee concept for Personal Services.
ARTICLE 43. The Boards of Directors and Higher Councils of the decentralized entities of the National Order will not be able to issue agreements or resolutions that increase salaries, bonuses, bonuses, representation expenses, viatics, overtime, credits or social benefits, nor with work orders to authorize the partial or total extension of plant costs and payroll costs.
ARTICLE 44. According to the Organic Statute of the General Budget of the Nation, when it is essential to provide staff vacancies, it will require the existence of sufficient budget appropriation. for any concept until 31 December 1993, certified by the respective Head of Budget or who does its own times.