Law 60 of 1993 (August 12)
Official Gazette No. 40,987, of 12 August 1993
"Whereby organic standards on the distribution of powers in accordance with Articles 151 and 288 of the Constitution are delivered and resources are distributed according to Articles 356 and 357 of the Constitution and other provisions" || | Summary Effective Notes
THE CONGRESS OF THE REPUBLIC OF COLOMBIA,
DECREES: CHAPTER I.
DISTRIBUTION OF COMPETENCE ARTICLE 1o. POWERS OF TERRITORIAL ENTITIES AND THE NATION. For the purposes of Articles 356 and 357 of the Constitution, services and skills in social matters, in charge of local authorities and the nation, they are indicated in this chapter. Effective Jurisprudence
. POWERS OF MUNICIPALITIES. The municipalities, through the offices of its central organization or competent municipal decentralized entities, in its capacity as main implementers of actions in social, manage, provide or participate in providing services directly, as the law, technical national standards, ordinances and the respective municipal and agreements:
1. In the education sector, in accordance with the Constitution and the laws on the subject:
- Manage state educational services and secondary media preschool, basic primary education.
- To finance the necessary investments in infrastructure and equipment and ensure its maintenance, and participate with their own resources and with municipal participation in financing state educational services and the financing of educational programs and projects.
- Exercise inspection and surveillance, and monitoring and evaluation of state educational services.
2. In the area of health: According to Article 49 of the Constitution directing the Local Health System exercise the functions provided for in Article 12 of Law 10 of 1990, perform the actions of health promotion, prevention disease, secure and finance the provision of treatment services and rehabilitation of primary care health of the community, directly through its agencies or decentralized entities, in accordance with articles 4., and 6o., of the same law; or through private contracts with public entities, community or as provided in Article 365 of the Constitution, Law 10 of 1990 and regulations on the subject.
B) In implementing the principle of complementarity referred to in the article 3 ,. e) of Act 10 of 1990, municipalities can provide services for the second and third levels of health care, as long as its scientific, technological, financial and administrative capacities permit, and duly guarantee the provision of services and health actions that they correspond, in agreement with the respective department.
The provision of these public services, health, chargeable to resources located prosecutor will autonomously by the municipalities determined by departments as provided by Article 16 of this Law, case which both plant personnel and institutions, have municipal character.
C) To finance the provision, construction, expansion, remodeling and maintenance of institutions integrated service delivery by the municipality; investments in basic equipment, construction and maintenance of comprehensive wellness centers of the elderly; for all which they must attend departments.
3. In the sector of drinking water and basic sanitation, ensure the provision of potable water, sewage, solutions water treatment and sewage disposal, urban sanitation and rural sanitation, directly or in partnership with other public bodies, community or private, or by contracting with private or community people. Exercise supervision and control of market places, storage facilities or public or private slaughterhouses; and exercise supervision and control of environmental sanitation, and risk factors of consumption, which may be coordinated with other municipalities and the department.
4. In housing, a complement to the 3rd Act. 1991, with the cooperation of private, community and solidarity sector, promote and support programs and projects and providing subsidies for social housing, as defined in the Act, in accordance with the targeting criteria regulated by the national government, according to Article 30 of this Law.
5. Subsidizing the demand for low-income population in all areas to which this article refers under the targeting criteria specified in Article 30 of this Law.
6. Promote and encourage the participation of private, community and non-profit organizations in the provision of services under this article, for which they may enter into contracts with them that may be required entities. In the education sector will proceed according to article 8 of this Act.
7. In the agricultural sector, promote and participate in rural development projects in rural areas and providing agricultural technical assistance to small producers in their jurisdiction. Effective Jurisprudence
ARTICLE 3. POWERS OF THE DEPARTMENTS. It corresponds to the departments, through the offices of its central organization or decentralized departmental entities competent in accordance with the Constitution, the law, the national technical standards and the respective ordinances:
1. Manage resources assigned by the Nation; planning aspects of their skills for the sectors of education and health and exercise functions of coordination, subsidiarity and competition related to municipal powers under the Constitution, the law and regulations on such aspects issued by the respective Ministries.
In developing these functions promote the harmonization of activities of municipalities each other and with the department and contribute to the provision of services by municipalities when they have deficiencies according to the rating system properly regulated by the respective Ministry.
2. Register institutions providing health services and define their legal nature, as provided for in Articles 34 and 35 of this Act and the regulations to this effect issued by the Ministry of Health.
3. Act as intermediary body between the national government and municipalities, for the purposes of the exercise of the functions under this Act, are the responsibility of the Nation.
4. Advise and provide technical, administrative and financial assistance to municipalities and institutions providing services for the exercise of the functions assigned by this Act; conduct the evaluation, control and monitoring of municipal action and promote to the competent authorities disciplinary investigations that may apply.
5. The above general competencies will be assumed by departments as follows:
A. In the education sector, in accordance with the Constitution and the laws on the subject:
- Direct and manage directly and jointly with municipalities providing state educational services in preschool, basic primary and secondary media .
- Participate in the funding and co-funding state educational services and investments in infrastructure and equipment.
- Assume management functions, scheduling and distribution of resources located prosecutor for the provision of state education services.
- Promote and evaluate the offer of training and updating of teachers, according to the curricular and pedagogical developments and facilitate access to training teachers of public educational establishments linked to their area of jurisdiction.
- Regular, in concurrence with the municipality, the provision of state education services.
- Exercise inspection and supervision and monitoring and evaluation of state educational services.
- Incorporate departmental structures and plants echelon offices, regional education funding, experimental pilot and auxiliary educational services centers.
- Take the skills related to curriculum and educational materials.
The provision of state educational services and the corresponding obligations under situado fiscal resources will be made by the departments, in which case the educational establishments and the staffing will departmental character, distributed by municipalities, according to the needs of service delivery; anyway administration faculty and staff shall comply with the provisions in Article 6. of this Law.
6. In the health sector: a) In accordance with Article 49 of the Constitution, directing the Regional Health System, fulfilling the tasks set out in Article 11 of Law 10 of 1990, perform the actions of health promotion, disease prevention, finance and ensure the provision of treatment services and rehabilitation for the second and third level health care community, directly or through contracts with private public entities, community or, in accordance Article 365 of the Constitution, Law 10 of 1990 and regulations on the subject.
B) To implement national campaigns in the terms and conditions of the delegation made by the Nation or assume direct competition, and participate in national co-financing programs. Finance the sectional courts of professional ethics. Exercise controls on medicines and food in the terms determined by the regulations.
C) To take part to finance the provision of services by municipalities when they are unable to do so; finance the necessary investments in infrastructure and equipment and ensure its maintenance for the provision of services within its competence.
D) To ensure the operation of the service network and system of patient referral and between all levels of care.
E) Schedule the distribution of tax resources located by municipality to carry out the assignment to those who assume competence for administration.
F) The provision of such services, charged to resources located prosecutor will autonomously by the departments determined by the Ministry of Health in accordance with Article 14 of this Law, case which both plant personnel and institutions, have departmental character. Also assume the provision of health services at the first level, in municipalities that have not assumed its decentralized delivery, in which case the staffing and health institutions are also departmental character.
7. Grant subsidies to the demand for the low-income population in the areas of education and health, in accordance with the targeting criteria specified in Article 30 of this Law.
8. Promote and encourage the participation of private, community organizations and non-profit organizations in the provision of services referred to in this article, except for education, for which they may enter into contracts with them that may apply. Effective Jurisprudence
ARTICLE 4. COMPETENCE OF DISTRICTS. Corresponds to the districts, through the offices of its central organization or competent decentralized entities, under the Act, the national technical standards and the respective agreements:
- Manage the assigned resources and tax shares that correspond, and planning aspects of their skills for education and health sectors; advise and provide technical, administrative and financial institutions to provide assistance services.
1. In the education sector, in accordance with the Constitution and the laws on the subject:
- Manage and Administer directly providing state educational services in preschool, basic primary and secondary media.
- Participate in financing and co-financing of state educational services and investments in infrastructure and equipment.
- Assume management functions, scheduling and distribution of resources deriving from the tax for the provision of state education services.
- Promote and evaluate the offer of training and updating of teachers, according to the curricular and pedagogical developments and facilitate access to training teachers of public educational establishments linked to their area of jurisdiction.
- Regular provision of state education services.
- Exercise inspection and supervision and monitoring and evaluation of state educational services.
- Incorporate district structures and plants Escalafón Offices, regional educational funds, experimental pilot and auxiliary educational services centers.
- Take the skills related to curriculum and educational materials.
The provision of state educational services and the corresponding obligations under situado fiscal resources will be made by the districts, in which case the educational establishments and the staffing will district level; anyway administration faculty and staff shall comply with the provisions in Article 6. of this law.
2. In the health sector:
a) In accordance with Article 49 of the Constitution, directing the District Health System, perform the functions set out in Articles 11 and 12 of Law 10 of 1990, finance and carry out actions to promote disease prevention and ensure the provision of services promotion, prevention, treatment and rehabilitation for the first, second and third level health care community, directly or through decentralized entities, in accordance articles 4th and 6 of Law 10 of 1990, or through contracts with private public entities, community or, in accordance with Article 365 of the Constitution, Law 10 of 1990 and other related standards, and in the case of Distrito Capital, pursuant to Law 10 of 1992 and the respective district agreements. Register the entities providing health services and define their legal nature as provided in Articles 34 and 35 of this Act and the regulations that effect issued by the Ministry of Health.
B) To implement national campaigns in the terms and conditions of the delegation made, or directly take part in the competition and national co-financing programs. Finance district courts of professional ethics. Exercise control of food and medicines in the terms that regulate the Ministry of Health.
C) To finance the construction, expansion and remodeling of civil works, endowments and comprehensive maintenance of institutions providing services by the district; endowment investments, construction, expansion, remodeling, and comprehensive maintenance of elderly welfare centers.
D) To ensure the operation of the service network and system of patient referral and between all levels of care. The provision of such services, charged to resources located prosecutor will autonomously by the districts determined by the Ministry of Health in accordance with Article 14 of this Law, in which case both the plant staff and institutions will have district level.
3. In housing, potable water and basic sanitation them attributed to municipalities and departments.
4. Grant subsidies to the demand for the low-income population for the exercise of the powers conferred in this article, in accordance with the targeting criteria specified in Article 30 of this Law.
5. Promote and encourage the participation of private, community organizations and non-profit organizations in the provision of services under this article, in the education sector will proceed according to article 8 of this law, which they can celebrate with them contracts that may apply. Effective Jurisprudence
The 5th ITEM. POWERS OF THE NATION. In relation to matters social, corresponds to the Nation, through the ministries, administrative departments and other agencies and authorities of the central or decentralized national entities, in accordance with legal provisions on the matter: | || - Formulate policies and development goals.
- Establish techniques, curricular and pedagogical standards will provide guidance to local authorities.
- Manage special cofinancing funds.
- Organize and develop credit programs.
- Providing specialized in the case of the National Cancer Institute and the sanatoriums of Agua de Dios and contracting medical services.
- Dictate administrative scientific standards for the organization and delivery of services.
- To promote, coordinate and fund campaigns and programs in education and health matters.
- To advise and provide technical and administrative assistance to local authorities and their institutions to provide services.
- Exercise the responsibilities and actions to be met by developing the provisions of this law.
- Distribute located prosecutor; regulate the delegation and delegate to the territorial entities executing campaigns and programs, or agree taking them by the local authorities, as the case may be, with the allocation of respective resources for financing or co-financing; establish financing programs in a manner consistent policies and national priorities.
- Monitor compliance with policies; perform the inspection and monitoring of education and health and design criteria for development in the departments, districts and municipalities; exercise supervision and evaluation of plans and programs and, in particular, the use or allocation of assignments and participations and degrees of coverage and quality of services and informing the community about these results; and promote to the competent authorities, investigations arising from the actions of officials. PARAGRAPH 1.
. In accordance with the decentralization of the provision of public health services and education and the corresponding obligations set forth in this Law, the Nation will transfer free of charge to the departments, districts and municipalities the rights and obligations regarding the ownership of property furniture and existing at the date of publication of this law for the provision of services that local authorities take property. Effective Jurisprudence
ARTICLE 6o. PERSONNEL ADMINISTRATION. It corresponds to the law and its regulations, noting the criteria, rules and regulations for the organization of plants faculty and staff of state educational services.
No department, district or municipality may link teachers and administrators without fulfilling the requirements of teaching and administrative career status, respectively, and outside plant personnel each territorial entity adopts.
Any appointment or link that does not meet the requirements referred to in this article, are illegal and constitute misconduct causal, without prejudice to the civil and criminal liability for those who run it.
The prestacional regime for national or nationalized plants that departmental or district without interruption and new linkages are incorporated current teachers will be recognized by Law 91 of 1989, and the benefits therein recognized be compatible with pensions or any other kind of remuneration. The staff of departmental, district and municipal links will be incorporated into the National Benefit Fund of the Magisterium and they respect the current regime prestacional the respective territorial entity.
The amounts for provisions and contributions to the attention of the payment of benefits of teachers territorial order, by the National Fund for Social Benefits of the Magisterium, will be drawn to it by the local authorities, in accordance with the provisions of this law. The actuarial value of prestacional liability of local authorities, to be transferred to the National Benefit Fund of the Magisterium, shall be determined for this purpose, based on the settlement is carried out with each of them, and will be financed with its own resources .
The remuneration system and pay scales for all teachers of state educational services, that henceforth have the character of public servants special regime of departmental, district or municipal orders, Decree Law 2277 shall be governed 1979 and other regulations that modify level and to add. Similarly, their salary adjustments will be defined in accordance with the 4th Law. 1992.
The management functions of the health system, will be done through local, district and sectional directions according to the competencies defined in this law. The entities rendering health services, will be endowed with legal personality, its own assets and administrative autonomy, in accordance with the 1st paragraph. Article 19 of Law 10 of 1990, and assigned staffing system provided for in Article 26 of the Act. Under the authorization of the 4th Act. social CONPES 1992 establishes the maximum salary adjustments which may enact or agree local authorities. He also set the parameters of technical and administrative efficiency that may be considered for the expansion of plant personnel, and management control systems by local authorities, without prejudice to their autonomy about the Constitution enshrines. The National Government will establish an incentive program for technical and administrative efficiency in the sectors of health and education and will refrain from participating in co-financing programs when territorial entities covered by this law, do not demonstrate efficiency or does not make a rational expansion staff their plants. PARAGRAPH 1.
. Effective Jurisprudence
. The Nation, through the Ministry of Education, establish and maintain national single registration of all teachers linked to state educational services. This record will be organized in order to have an integrated information system, among others, allows to manage shipments of teachers between territorial entities, in accordance with the provisions of Decree 2127 of 1992. The National Government shall regulate the provisions of this paragraph . Effective Jurisprudence
ARTICLE 7. Districts and municipalities may devolve, delegate or decentralize functions under its competence in the towns, communes or districts, on allocation of respective resources, except for the education sector. Effective Jurisprudence
Article 8. Only where proof of the failure of educational institutions in the State may be contracted presentation of educational services with private non-profit, without detriment to ensure coverage and infrastructure of state educational services, provided that the service suits the collection of tuition fees established for State institutions. The foregoing notwithstanding that they can stay current contractual situations the issue of this law. The National Government shall regulate the provisions of this article. Effective Jurisprudence
THE FISCAL LOCATED
Article 9. LOCATED NATURE OF FISCAL. The located prosecutor, laid down in Article 356 of the Constitution, is the percentage of current revenues of the Nation will be assigned to departments, the Capital District and special districts of Cartagena and Santa Marta, for the attention of public education and health of the population and in accordance with the provisions of articles 49, 67 and 365 of the Constitution. The Located tax will be managed under the responsibility of departments and districts under the Constitution. Effective Notes
. DEFINITION OF CURRENT INCOME NATION. Current revenues of the Nation as a basis for calculating the tax situated under Articles 356 and 358 Constitution, shall consist of tax and non-tax revenues; will not form part of the basis for calculating the resources of the National Royalties Fund, and those defined by Article 19 of the 6th Act 1992 as exclusive of the Nation under the authorizations granted to Congress only once in Article 43 transient of the Constitution. In no event may be deducted from current income for purposes of calculating the income tax set specific destination authorized by Article 359 of the Constitution. PARAGRAPH 2.
. For fiscal years 1994 and 1995 are excluded from the calculation basis of the following income tax set specific destination: VAT to cement, assigned to the old city halls and police stations and social welfare institutions.
. The definition given in paragraph 1o is applied to the starting point in 1993 based on the values of the initial budget of the Nation as follows: Current income of the nation's five trillion 312,705 million, less $ 130,469 million for the Fund national Royalties, least $ 442,759 million estimated as the equivalent of three points of VAT authorized in Article 19 of the 6th Act. 1992 operation which then produces a calculation base equal to 4 billion 739,476 million pesos. As the prosecutor situated defined for purposes of this law in paragraph 3 amounts to the value of 1 billion 048,200 million pesos, the percentage resulting from tax on the basis set calculation is 22.1%.
PARÁGRAFO 4o. Programs and values that served as the basis for establishing tax level set in 1993 and appearing in the budget law are:
1. For health, located prosecutor who appears in the law as transfers to the sectional health services, is also added two hospitals (Mental and Malaria of Antioquia Institutes) financed with national resources and were outside the situado fiscal, as a consequence adjusts the value placed on health tax of $ 224,200 total billion.
2. For education, located prosecutor considered as consisting of the following programs defined in the budget law: basic primary education, secondary and vocational middle, cooperative schools, national schools, missionary education, experimental pilot pay social benefits of staff teaching teaching and administrative overhead of FER and mobile spaces, for a total value of $ 824,000 million.
ARTICLE 10. TAX LEVEL PLACED. For the purposes of Article 356 of the Constitution and the provisions of this law, the set tax will be an increasing percentage of current revenues of the Nation that at least have the following levels of participation in them, so: | || a) for the year 1994: 23%
b) by the year 1995: 23.5%
c) by the year 1996: 24.5%
Its effective and autonomous transfer to local authorities It shall be conducted in accordance with the provisions on decentralization of health and education and the terms and conditions set forth in this law. PARAGRAPH 1.
. Of the total corresponding to each department, it is binding allocate at least 60% for education and 20% for health. The remaining 20% must allocate the department or district, health or education as their goals in hedging and other sources of funding for these sectors.
At least 50% of tax allocated to health located should apply to primary care and should be transferred to the municipalities and districts when they assume that competition. Each territorial level should apply at least five percentage points to disease prevention and health promotion.
By duly justified and approved by the Ministries of the sector motivation different values can be assigned to any of the mandatory minimum percentages set forth herein. PARAGRAPH 2.
. Appropriations to meet the liabilities prestacionales health and education that is to pay to the Nation, under Law 43 of 1975, 91 of 1989 and recognized by this law, will be financed with resources to set different tax. PARAGRAPH 3.
. Departments, districts and municipalities assume responsibilities assigned to them, may apply to the National Planning Department review of the amounts set for the prosecutor, when it is shown that there are errors in the calculation.
PARÁGRAFO 4o. The Government in the Development Plan, may make consideration of the increases Congress in the percentage of current revenues of the Nation established in this Act for fiscal support, in order to adjust to the social goals that are brought there. Effective Jurisprudence
ARTICLE 11. DISTRIBUTION OF FISCAL LOCATED. The set tax enshrined in Article 356 of the Constitution, shall be distributed as follows:
1. 15% equally among the departments, the Capital District and the District of Cartagena and Santa Marta.
2. The remaining 85%, in accordance with the application of the following rules:
A) A variable percentage equal to the sum of the costs of care of current users of health services and education for all departments and districts, to the point that added to the percentage of number 1 permits provision of services in terms of administrative efficiency, in accordance with the provisions of paragraph I of this article. This percentage is considered for calculation purposes as set minimum tax.
B) The remaining percentage, after making distribution Minimum fiscal support for health and education, will be allocated in proportion to the potential population to serve in the sectors of health and education, and the weighted fiscal effort in accordance with the criteria set out in paragraph 2 of this Article.
The methodology to establish the current user population, to apply the rules of distribution of resources located prosecutor and to design relevant indicators, it shall be adopted by the CONPES for Social Policy in accordance with the provisions of this Article. In any case, the following definitions shall apply:
i) Current users in education are the population enrolled each year in the public sector, more woodcock served by the private sector. Woodcock population is accounted for with a special weighting for purposes of statistics users.
Ii) The potential population, education is the school-age population ranging between 3 and 15 years old, less served by the private sector.
Iii) Current health, users are the population served each year by official and private institutions that provide services through contracts with the public sector, measured by log queries medicine, nursing and dentistry and hospital discharges.
Iv) The potential population health sector is measured as the total population of the department, not fully covered by the contributory social security system, weighted by the NBI supplied by DANE. PARAGRAPH 1.
. For purposes of measuring the per capita administrative efficiency that is the literal a) of paragraph 2) of this Article shall be calculated for each sector health and education, located minimum tax required to finance the costs of providing the service current population in each of them, observing the following criteria:
a) is calculated annually for each department one per capita expenditure resulting from the following operation: the numerator is the prosecutor assigned to the sector located the previous year, adjusted for wage growth rate determined by the Government; the denominator is the population served the same year.
B) departmental and district per capita expenditure grouping them into categories, in response to the unsatisfied basic needs index "INBI" territorial per capita income to be determined and the density of the population on the territory, as determined and approved by the National Council for Economic and Social Policy Social Policy CONPES.
C) departments and districts whose per capita expenditures differ from the average of each category in which they are included, they recognize a stimulus when they find themselves below that average. Otherwise, the difference is recognized decreasingly within an adjustment plan that involves replacement of financial resources or expanding coverage, as follows: 100% in 1994 to 80% in 1995 to 60% in 1996 to 40% in 1997, 20% in 1998; from 1999 expenditures are valued at the average per capita category of departments and districts within which they are included.
D) The per capita expenditure efficiency conditions are the basis for calculating expenditure on population or users currently served by dealing with the numeral 1) and letter a) of paragraph 2) of this Article. PARAGRAPH 2.
. For purposes of the provisions of paragraph b) of paragraph 2) of this Article, the following criteria will be considered:
a) The fiscal effort will be determined as the ratio between the per capita spending two successive fiscal years applied to health and education, and weighted inversely to the per capita income of the respective territorial entity form.
B) The fiscal effort is weighted inversely related to socio-economic development.
C) For purposes of fiscal effort, the per capita spending of each department is determined by considering the spending applied to health and education made with ceded income, other equity and other transfers to set different tax provided by the department and municipalities its jurisdiction.
. In January of each year, the Ministries of Education and Health, in coordination with the National Administrative Department of Statistics, and the secretariats of departmental finances will provide the National Planning Department information immediately preceding year on the essential factors for application of the formula. The financial information submitted by the secretariats of finance must be endorsed by the respective comptroller. Officials of the departments and districts that do not supply information within the deadlines set by the ministries and this law shall incur grounds for misconduct and be subject to appropriate sanctions. In this event, it shall apply for purposes of distribution located prosecutor, estimated by the respective ministry information.
PARÁGRAFO 4o. For the purpose of the calculations necessary in the application of the provisions of this article, it is excluded from each department for the district it is in its territory.
PARÁGRAFO 5O. During the transition period of four years laid down in Article 14 of this Law and according to a regulation to that effect issued by the Government, will be recognized the annual value of employer contributions to pension and severance pay, which deduct the total value of tax located prior to their distribution according to the provisions of this Article, and will be rotated as provided for in Article 19 of this law. After the transition period of four years proceed in such a way that once distributed situated tax by local authorities, the total value corresponding to each employer's contributions for membership and creation of reserves for payment of securities are deducted pension and severance benefits and services for the sectors of education and health, in accordance with the laws and regulations on the subject. Such values will be rotated in the manner provided in Article 19. PARAGRAPH
6o. Every five years, which begin on July 7, 1991, the law on the initiative of members of Congress, may revise the level located prosecutor and to the municipalities, the rules and procedures for implementation the Constitutional criteria.
PARÁGRAFO the 7th. During the transition period, 1994, 1995, and 1996, for those territorial entities whose rate of 15% is not enough to keep your current coverage, you will be guaranteed a set tax not inferior in any way to welcome in 1993 in constant pesos.
Is defined as the current value constant pesos more inflation caused as provided for in Article 26. paragraph
PARÁGRAFO the 8th. For fiscal years 1994 and 1995, they are excluded from the calculation base situated tax the tax expenditures and savings received for this concept in the national budget will be distributed among the territorial entities whose levels situated tax by poor inhabitant are below the national allocation for poor inhabitant. These resources are traladarán in proportion to the participation of potential users in health and education of each territorial entity benefiting from this rule, in total the same.
In turn, this indicator will be weighted index of unsatisfied basic needs supplied by DANE, which will form the basis for the calculation of the poor people in each local authority. Effective Jurisprudence
ARTICLE 12. TRANSFER COMMISSION VEEDORA. Would create a Veedora Commission of the transfers, which will have an advisory and monitoring exercise on the liquidation and distribution of the situado fiscal and participation of municipalities in the current revenue of the nation; and which will form part of a delegate appointed by the Colombian Federation of Municipalities, a delegate appointed by the Association of Governors, a delegate appointed by the Third Committee of the Senate and a delegate appointed by the Third Committee of the House of Representatives. The commission will be its own rules and will be financed with contributions from the entities represented.
PARÁGRAFO. Conflicts that arise in the application of this law between municipalities and departments or between departments and the nation may be resolved by conciliation commissions ad-hoc, in which will be represented the nation, departments and the municipality, without prejudice to any action that may be required before the jurisdiction of administrative litigation. The functioning of these committees shall be regulated by the national government. Effective Jurisprudence
ARTICLE 13. DISTRIBUTION OF FISCAL PLACED IN EACH DEPARTMENT TO PROVIDE SERVICES. Departmental Assemblies scheduled distribution of resources located prosecutor for the department and municipalities, in accordance with the powers conferred in Chapter I of this Act to each of these administrative levels, attention to the criteria of equity and efficiency and developing a concerted effort with municipalities to expand coverage, quality improvement and the administrative and financial adjustment plan, and for the decentralization of responsibilities in the case of health.
1. They are minimum criteria for the distribution of tax between the municipalities located them provided by Article 11, for the distribution between departments and districts, except the rate of 15%. It will be considered as special criteria, a percentage of resources situated tax to be divided between the municipalities which have decentralized assumed the powers of health or education.
Rules allocating resources among municipalities may be similar as relevant to those provided for in Article 11 of this Law, for which the necessary distinctions between the allocation of health and education will be considered. How to apply the criteria of distribution situated tax among municipalities it may be amended every three years by the respective Departmental Assembly, or when changes of legal character on the matter are made, or in connection with the approval of departmental development plans .
2. The plan of expanding coverage, improving quality and decentralization in the case of health, should enshrine the following:
a. The covered population and the target population to address health and education according to the annual targets for expanding coverage.
B. Public and private health services that exist in the municipalities, and levels of health care that should be left to each local government. They must also pecisarse what services will be in charge of the departments in a manner consistent with the principles of subsidiarity, coordination, complementarity and competition. In the education sector a balance of public and private institutions to determine the total service coverage.
C. In accordance with the above shall be determined: the infrastructure, facilities, equipment, and existing staff to be managed, or taken in the case of health by municipalities; the subsidy program for poor access to health and social security in the scholarship program for access to educational services population; and finally the estimated shortfall required for the care of the assigned population will be established.
D. The financial resources available to date and its future projection, taking into account the situado fiscal, own resources of municipalities apliados health and education, own resources of the entities providing services, transfers ECOSALUD, and municipal holdings for social investment.
E. Infrastructure and staff will remain in charge of the department and will be assigned to departmental public institutions to provide health services and education that are not providing municipalities.
F. Infrastructure and staff will join the central level department with management responsibilities, advice and control.
3. In the event that physical and financial resources in municipalities are insufficient according to the plan of expanding coverage and decentralization in the case of health, financial shortages are projected and adjustment strategies administrative and financial medium be established long term. The department, in any case, give financial incentives to municipalities under situado fiscal resources, to encourage the decentralization of health services.
PARÁGRAFO.Los distributed resources for financing responsibilities by the municipalities that have not taken the decentralized provision of health services under the terms established by law, they shall be administered by the department or under the principle Nation subsidiarity. In any case, the autonomous administration and the effective transfer situated prosecutor assigned to municipalities for this purpose, subject to the assumption of powers by them.
ARTICLE 14. REQUIREMENTS FOR THE MANAGEMENT OF FINANCIAL RESOURCES PLACED BY THE DEPARTMENTS AND DISTRICTS. To take over the management of resources located prosecutor in the terms and conditions set forth in this law, departments and districts must certify to the Ministries of Health and Education, as appropriate, the following requirements:
1. The organization and operation of a basic information system according to technical norms issued by the competent authority and the adoption of procedures for the programming, implementation, evaluation, control and physical and financial monitoring of health and education programs.
2. The adoption of the methodology for developing annually in accordance with the criteria set by the respective Ministry, a development plan for the provision of services of education and health, to assess the management of the department or district in terms of quality, efficiency and service coverage.
3. The approval by the Departmental Assembly rules and procedures for the distribution located prosecutor.
4. The adoption of a plan referred to in article 13 and an accountability plan against coverage, quality and efficiency of services containing at least the following:
a) A history of the situation of the sector in terms of: i) coverage and quality of the different levels of care and its target population; ii) personnel, facilities and equipment available; iii) financial resources for the provision of services and, iv) other specific aspects of each sector, department and its municipalities.
B) An identification of the difficulties that have arisen in the decentralization process developed until the preparation of the plan and a proposal for resolution.
C) Identification of departmental needs in terms of training, advice and technical assistance that it requires the respective ministries to ensure the development of the decentralization process of the Nation of departments sector.
D) Identification of municipal needs in terms of training, advice and technical assistance they require the department to ensure adequate provision of services in the municipality.
E) Based on the above, the formulation of the strategies that the department will continue to take delivery of education and health services and decentralize their municipalities in the case of health, with a corresponding schedule of activities, with dates of initiation and completion of the same, and the resources required for compliance. In this schedule, the department will have an upper limit four years from the issuance of this law, to take on the services and two additional years, from the time you receive the department to deliver to their municipalities service Health.
5. The embodiment with the assistance of the respective ministry, the following institutional adjustments:
a. In education:
- Define the departmental or district dependence assume the direction of education, and other functions and responsibilities assigned by law.
- Incorporate the departmental or district administrative structure Pilot Experimental Centers, the Regional Education Offices Funds and Escalafón.
- Incorporate educational establishments nationwide delivery to the departmental or district administration.
- Determining the structure and management of the plant personnel in accordance with the provisions in Article 6 of this law.
- Meet the requirements set forth by Law 10 of 1990 Article 37, and especially how the creation of hospital units and provide services as decentralized establishments according to Article 19 of Law 10 1990
- Organize and operate the service network of the health system, according to the reference speed and counter of patients and the principles of subsidiarity, complementarity and competition.
- Determine the structure of the plant personnel in accordance with the provisions in Article 6 of this law. Plants discriminate in personnel management of the sector in their respective territorial level and decentralized bodies providing health services.
The National Government will regulate the procedures and other formalities necessary to obtain certification of compliance with the requirements of this article.
. For purposes of the provisions in paragraphs 1, 2 and 4, the CONPES for Social Policy approved information systems, contents and methodology to develop and evaluate sectoral development plans for health and education in local authorities and decentralization plans, seeking that they focus on improving the achievement of goals of coverage, quality and efficiency of services, and taking care information systems and evaluation allow us to explain when variations between goals and results correspond to reasons attributable to the service managers and when no fault.
. Territorial entities which have been certified by the Ministry of Health in accordance with Article 37 of Law 10 of 1990 and other legal provisions, will have one year term from the date of the enactment of this Act, to make the further adjustments to full of the requirements of this provision, which must be part of the decentralization plan. PARAGRAPH 3.
. Decentralization plans, expansion of coverage and administrative and financial adjustment should be perfected by December 1994, otherwise, the n ation may refrain from supporting the department with co-financing programs.
ARTICLE 15. POWERS FOR ASSUMPTION OF DEPARTMENTS AND DISTRICTS. The departments and districts that demonstrate compliance with the requirements set forth in Article 14, within four years counted from the effective date of this law, receive by the Minutes to the effect, property, personnel, and establishments to enable them to perform the duties and obligations received. In the minutes they should define the terms and required to fulfill the commitments and obligations of the nation and the respective local authorities administrative acts.
While local authorities do not satisfy the requirements of Article 14, and under the principle of subsidiarity, management of resources located prosecutor made with the technical and administrative intervention of the Nation through the respective Ministry, Regional Educational Funds for Education. In the case of Health, through the modalities and mechanisms, or other mechanisms that the Ministry of Health to establish, either directly or through contracts with other legal entities. Also in this event the Government will determine the conditions and the terms under which the respective services will be provided under the tax located.
The National Government will regulate the procedures and formalities necessary for further certification of compliance with the requirements of Article 14 of this Law.
ARTICLE 16. SPECIAL RULES FOR DECENTRALIZATION OF MANAGEMENT AND PROVISION OF HEALTH SERVICES AND EDUCATION BY MUNICIPALITIES. Notwithstanding the provisions of paragraph 2o.
A: Article 14 of this Law, for the management and delivery of health services and education from the municipalities, the following rules will be observed. Health:
1o. In accordance with Article 356, paragraph 4o. of the Constitution, it will not be able to decentralize functions without prior allocation of sufficient resources to attend to fiscal resources, and therefore according to the procedure provided for in Article 11 departments will decentralize only functions with the respective transfer of Resources located tax to municipalities, provided they meet the following requirements:
- the organization and operation of a basic information system according to technical norms issued by the competent authority and the adoption of procedures for the programming, implementation , evaluation, control and physical and financial monitoring of health programs.
- The adoption of the methodology for developing annually in accordance with the criteria formulated by the Department of Development Plan for the provision of Health, which evaluates the management of the municipality in terms of quality, efficiency and coverage of services.
- The realization, with the existence of the respective department, the following institutional adjustments:
a. Compliance with the requirements set forth by Law 10 of 1990 Article 37, and especially how the creation of hospital units and provide services in accordance with the laws on the subject.
B. Determining the structure of the plant personnel in accordance with the provisions in Article 6 of this law. Plants discriminate staff in municipal health management and decentralized service delivery entities, in accordance with the laws on the subject.
2o. The municipalities to which the department does not certify compliance with the requirements set forth in this law for the transfer of skills and resources located prosecutor, and who have their own satisfied judgment the same may apply to the Ministry of Health certification corresponding.
3o. Without prejudice to the provisions of the preceding paragraphs, the municipalities may manage health services that is article 2 of this Act with their own resources, transfers Ecosalud participants assigned by Article 357 of the Constitution according to health sector plans.
4o. When filled with the requirements for municipalities to be certified, the Departments dictate proceedings for the transfer of goods and resources that are necessary and delivered by an act of physical infrastructure, and staff to municipalities or their care institutions service, noting outstanding obligations by the departments, especially in relation to benefits. By mutual agreement may be signed inter-administrative agreements governing a transition period to full assumption of powers by the municipalities in accordance with the provisions of the decentralization plan and adjustment, of which Article 13 of this Law. Effective Jurisprudence
1o. Plants of teachers in state educational services by the prosecutor and located over the municipality's own resources shall be administered by the municipality in accordance with Article 6 of this law and the laws on the subject.
2o. The municipalities assume the other functions of management and administration assigned to them by the laws on the matter, in line with the distribution of tax set defined by the Department for each municipality and the resources made available by the Municipal budget for this purpose.
3o. The plant personnel in charge of own resources of municipalities may not be extended without the corresponding budgetary allocation to ensure funding for the current fiscal year and for future wage and administrative costs prestacionales implying fiscal years.
4o. The functions and duties have been assumed by the municipalities under Law 29 of 1989 will be adjusted all the provisions of this Act and the laws on the subject.
5O. The municipalities organize systems planning, information and education; demonstrating institutional efficiency and effectiveness; showing that being made permanent contributions to own resources for education; to check that meet plans incorporating contract teachers to fill the requirements of the teaching profession, may request the department, the power to appoint teachers and administrative employees of state educational establishments that work in the municipality, subject to compliance legal requirements for appointment. Effective Jurisprudence
6o. Bound to pay the staffing of state educational services by own resources, municipalities established a special account or may make agreements with regional educational funds for the management of the resources.
The 7th. At the request of the councils of municipalities with population less than 100,000 inhabitants according to the national census of 1985 and with the approval of the Ministry of Education may assemblies give these autonomy for the provision of education municipalities and assumption of the corresponding obligations under the same conditions of the districts. PARAGRAPH 1.
. When a department check with the Ministry of Health that a municipality does not meet the rules set by this law for the execution of the functions transferred to it, may, after authorization from the Ministry, make their exercise to the fulfillment of plans agreed performance by interadministrativos contracts for that purpose, and promote the application of sanctions that may apply.
. The functions and duties for health services that have already been assumed by the municipalities under Decree Law 77 of 1987, Law 10 of 1990 and other previous laws, developing the decentralization process will be retained, subject to compliance complementary and institutional requirements that may take place in accordance with the provisions hereof, for which purpose a period of one year from the effective date of this Act will change.
ARTICLE 17. SPURS
decentralization. Departments, districts and municipalities that meet the requirements of decentralization dealing Articles 14 and 16 of this Act, shall have priority in the allocation of resources for financing and co-financing -FIS- Social Investment Fund, and the other programs of national character of the health and education sectors, in accordance with the regulations that effect issued by the Government, and more competent authorities on the matter.
BUDGET ARTICLE 18. PROCEDURE FOR THE DISTRIBUTION OF FINANCIAL AND PLACED FOR CONTROL OF THE NATION OF SECTOR PLANS. The National Government shall regulate the procedure and timetable for the distribution of situated tax between local authorities identifying tasks that are incumbent upon each one of its dependencies, regularly evaluate your convenience and introduce adjustments it deems necessary, considering the following minimum standards:
1. The Ministry of Finance during the month of January each year make a preliminary estimate of the overall value of the tax set for the immediately following year. The National Planning Department shall inform the local authorities beneficiaries located prosecutor, at least ten months before the beginning of the respective fiscal year, the minimum budget ceiling due to them by way of revenue tax according to the projections and provisions articles 10 and 11 of this Act. Effective Notes
2. Departments and districts shall proceed to make the distribution of value that corresponds to them according to the provisions of Articles 10 and 13 of this Law, and submit the draft distribution, along with the sector development plan health and education, which will consolidate the municipal plans, consideration of the respective ministries.
3. The concept of the Ministries of Health and Education on plans and projects of local authorities will have a character of technical control and will only be mandatory acceptance by local authorities when they relate to the allocation situated tax and specific matters you mentioned, and acceptance will be optional for territorial entity when referring to the allocation of own resources of entities or matters not provided in this article. Plans and projects departments and districts, including adjustments that may be required, must be submitted to the National Planning Department no later than April 30 of each year.
These technical concepts located on the allocation of tax will be mandatory in the following specific areas:
a) The distribution located between the sectors of health and education.
B) The distribution of tax located between the municipalities.
C) The establishment of reserves to guarantee the payment of social benefits of each effect.
D) The proportion of tax allocation situated for costs management and service delivery.
4. Based on the plans submitted by departments and districts and taking into account the adjustments that have been made to the preliminary estimate of the set total tax, the National Planning Department will prepare the Annual Work Plan of Territorial Transfers, together with the shares of dealing Article 357 of the Constitution and co-financing resources. This Plan will be part of the Annual Operating Plan Investment, which will be incorporated to the draft budget law to be presented to Congress on 20 July of each year.
5. The located prosecutor assigned to each territorial entity will be incorporated in the budgets of local authorities and the exercise of fiscal control over these resources for the competent territorial authorities, including the Office of the Comptroller General of Colombia in accordance with the provisions of the Constitution and law 42 of 1993. Similarly, citizen participation will ensure control over resources in the manner provided by law.
6. Within the deadlines set by the regulations local authorities must inform the respective ministries of health and education results achieved in the implementation of sectoral plans for health and education and the corresponding evaluation in achieving the proposed goals, as provided in Article 14 of this Law.
7. Items in the situado fiscal health and education, as well as municipal units ordered in Article 357 of the Constitution, which was appropriated in the annual budget law projects or be distributed globally between local authorities beneficiary, without earmarking the entities providing services, and in accordance with the rules of this Act.
ARTICLE 19. TRANSFER OF FINANCIAL RESOURCES PLACED. Resources situated tax will be transferred directly and efectiamente departments and districts, according to the distribution provided in the annual budget law, or directly to municipalities, subject to compliance with the conditions and terms stated in this law, by monthly twists that made the Ministry of Finance.
To this end, departments, districts and municipalities organized in separate special accounts budget for health and Regional Education Funds, departmental or corresponding accounts in the municipalities for education, which will be handled with cash unit, subject the rules of budgetary and fiscal regime of the respective territorial entity under the administration of governor or mayor, who may delegate to the higher authority of the respective sector health and education.
The resources located prosecutor for loan departments and district education will be drawn by the Nation to the departmental or district Educational Fund, whose structure for salaries and awards of benefits shall be determined by the corresponding territorial entity under the criteria established by law and the national government, with the exception defined in Article 16 of this law, in which case the Prosecutor Located resources will be drawn to the Municipal Education Funds.
A such funds local authorities should also turn all resources from any source are assigned to the respective sector except own resources of decentralized facilities, in accordance with the regulations.
However, the amounts corresponding to the contributions of local authorities, its decentralized entities, entities or contractors, that concept of social benefits of health personnel, teachers and administrators, must be paid from the tax located, will turned directly to the National Benefit Fund of the Magisterium, and on an interim basis the Institute of social security and the National Savings Fund for entities that do not have affiliated employees to any social security system, or the institutions undertaking these functions for health personnel, in accordance with the laws on the subject. Anyway, in the budgets of local authorities should be clearly specified items destined to the payment of social benefits and which must be drawn by the Nation in the manner herein provided. PARAGRAPH 1.
. For the purposes of rotation situated tax departments, districts and municipalities, the Annual Program Fund, will be done on the basis of 100% of capacity to appear in the Budget Law. From the fiscal year 1994, higher or lower values of effective collection will be added or deducted from the following budget vigencias within a plan of expanding coverage or financial adjustment as appropriate. Such orders should be made on the last five days of each month and received by the local authority no later than the last business day of it. PARAGRAPH 2.
. The respective ministry will inform the Ministry of Finance and the National Planning Department, compliance with the provisions of Articles 13, 14, 15 and 16, so that the resources of fiscal support to be rotated directly and effectively to the departments, districts or municipalities . While
requirements referred to in articles referring management of resources will be made in the manner indicated in Article 15 of this Act are met.
ARTICLE 20. CONTROL OF COMPLIANCE WITH THE TERMS OF FISCAL LOCATED. In order to ensure compliance with the conditions under which they must assume the responsibilities and functions covered by this Act, the establishment authorized by Article 356 of the Constitution, when departments and districts have decreased the quality of services or hedges, for reasons attributable to the administrative management of such services, or giving transfers a different envisaged in the development plan health and education destination, the ministries promote research that apply to the competent authorities, and determine, depending on the extent of the breach and the sector in which present different degrees of co-administration of national authorities in managing resources located prosecutor. The particularities of this co-administration will be reflected in the modalities and mechanisms that define each ministry, but in any case the value of tax set corresponding to each territorial entity as a result of the application of the relevant formula is reduced.
However, the relevant ministry may, I envisioned an evaluative study, decide from what point it ceases coadministration of national authorities.
Coadministration will be temporary until the technical and administrative failures that led to the co-administration of national authorities are corrected.
INVOLVEMENT IN CURRENT MUNICIPALITY THE NATION REVENUE
ARTICLE 21. SOCIAL SECTOR PARTICIPATION. Shares to municipalities in which Article 357 of the Constitution, will be used for the following activities:
1. . In education: construction, expansion, remodeling, provision and maintenance and provision of educational materials for institutions of formal and non-formal education, financing grants, payment of teachers, and contributions from the administration to the social security systems of teachers. Effective Jurisprudence
2. Health: salaries and fees paid to doctors, nurses, technical and professional developers and other personnel, and any place where their benefits, and their affiliation to social security; payment of subsidies for access of the population with unsatisfied basic needs for health care, access to essential medicines, prosthetics, orthotics and social security system in health; pre-investment studies and investment in construction, provision and maintenance of hospital infrastructure by the municipality and health centers and posts; vaccination, health promotion, control and monitoring of environmental sanitation and consumption which constitute risk factor for health; funding nutritional supplementary feeding programs for vulnerable groups; maternal and child welfare; school feeding; and programs for the elderly and persons with physical and mental impairments or alterations in any of its forms of care.
3. Housing: to provide subsidies to households earning less than four minimum wages, for purchase of housing, sites and services or to build; or to participate in programs solutions social housing defined by the Act; supply or repair housing and provide them with basic services.
4. In drinking water and basic sanitation: pre-investment studies and designs; design and implementation of institutional structures for the administration and operation of the service; construction, expansion and renovation of water and sewage, water purification, alternative solutions or drinking water and excreta disposal; rural basic sanitation; treatment and disposal of waste; Micro-watershed conservation, protection of sources, reforestation and waste treatment; and construction, expansion and maintenance of jaüeyes, wells, latrines, treatment plants and networks.
5. Subsidies for the poor to ensure access to public services, both in terms of connection as tariffs, according to law and targeting criteria laid down in Article 30.
6. In agricultural matters: granting subsidies to co-finance land purchases by the poor peasants in agrarian reform areas; creation, provision, maintenance and operation of the Municipal Agricultural Technical Assistance Units (Umatas), and personnel training, in accordance with existing laws; subsidies for the construction of irrigation districts; construction and maintenance of roads; and construction and maintenance of storage facilities for agricultural products.
7. For vulnerable populations: development of plans, programs and projects of integral social welfare benefit vulnerable populations without social security and with unsatisfied basic needs; seniors, children, youth, pregnant women and the disabled. Child care centers and emergency offender.
8. In justice: they may co-finance the operation of municipal centers and police stations family reconciliation.
9. In protection of citizens: agreement and by inter-administrative agreements with the nation may seek support additional police services where necessary in accordance with the provisions of the law on the 4th. 1991.
10. In physical education, recreation and sport: investment in sports facilities; allocation to the campuses of the requirements for the practice of physical education and sport; as provided by law 19 of 1991 to provide financial support, and sporting goods supplied and leagues, amateur clubs and sporting events; and investment in parks and public squares.
11. In culture construction, maintenance and rehabilitation of cultural centers, libraries and municipal museums, and financial support for cultural events and local arts and cultural groups.
12. Prevention and disaster relief adequacy of urban and rural areas in high-risk areas, relocation of settlements, prevention and disaster relief.
13. Institutional development: training, advice and technical assistance included in a municipal institutional development program aimed at strengthening their management capacity, previously approved by the relevant departmental planning office. Effective Jurisprudence
14. Payment service the debt acquired to finance physical investments in activities authorized in the preceding paragraphs.
15. Construction and maintenance of municipal and inter-municipal road networks.
16. Covering pension liabilities of the respective entity through the National Pension Fund Territorial Entities. Effective Notes
17. In other sectors the social CONPES deems appropriate and at the request of the Colombian Federation of Municipalities. Effective Jurisprudence
PARÁGRAFO. In the General Budget of the Nation shall not include appropriations for the same purposes in this article, to be transferred to local authorities, other than the shares regulated in this chapter, subject to the budgetary appropriations for the execution of functions charge of the Nation participation of local authorities, and headings of financing for developing programs feature exclusive competence of local authorities.
ARTICLE 22. RULES
ASSIGNMENT OF ENTRIES FOR SOCIAL SECTORS. Shares will be allocated to social sectors by municipalities to the activities listed in the preceding article, according to the following rules:
1. In education, 30%
2. In health, 25%
3. In drinking water and basic sanitation, 20%, when not have met the target of 70% coverage of the population with potable water. According concept of the Departmental Office of Planning or his substitute may reduce this percentage, where compliance with minimum goals is proven and put to other activities. Effective Jurisprudence
4. In physical education, recreation, sport, culture and use of leisure time, 5%. Effective Jurisprudence
5. Free investment in accordance with the sectors identified in the preceding article, 20%. Effective Jurisprudence
6. In any case rural areas will be allocated at least equivalent to the proportion of the rural population in the total population of the respective municipality, such percentages may vary concepo previous departmental planning offices.
In those municipalities where the rural population represents more than 40% of the total population will additionally invested 10% more in rural areas.
7. In covering the pension liabilities of the respective entity through the National Pension Fund Fonpet Territorial Public Entities, for which the percentage increase provided for by the Constitution from 2000. Effective
Notes will be allocated | || Effective Jurisprudence
PARÁGRAFO. Effective Jurisprudence
Since 1999, municipalities, with the approval of departmental planning offices or his substitute, may allocate up to 10% stake to operating expenses of the municipal administration, in a duly justified and after evaluation of its own fiscal effort and its administrative performance. The National Planning Department will establish the criteria for the respective evaluation by departmental planning offices, or his substitute.
ARTICLE 23. CONTROL OF PARTICIPATION IN SOCIAL SECTORS. For the purposes of ensuring the proper destination of participation for the social sectors, without prejudice to the activities of fiscal control and other checks provided for in the laws, the following rules shall be observed:
1. The municipality must prepare an annual investment plan under participation resources for social sectors. The municipality will present the plan and semiannual departmental planning office reports or person acting on its execution and its amendments. The investment plan will be submitted to the department within the term point himself in order to be integrated into the education and health plans under this law.
2. The municipality shall disseminate social plans among citizens and organizations within their jurisdiction. The community, through the different mechanisms of participation defined by the law, may inform the department to which belongs the respective municipality, or the authorities responsible for monitoring and evaluation, the irregularities that arise in the allocation and execution of means.
3. Based on the information obtained, if verified that they have not exactly met destinations authorized under this law and municipal agreements for the purposes of sanctions that is the paragraph of Article 357 of the Constitution departments promote conducting relevant investigations before control agencies and evaluation.
PARÁGRAFO. Financing programs that the nation forward will be subject to enforcement by the municipalities and districts of the rules and provisions of this Act.
ARTICLE 24. CRITERIA FOR DISTRIBUTION OF PARTICIPATION OF MUNICIPALITIES IN CURRENT INCOME FOR INVESTMENT IN SOCIAL SECTORS. The participation of municipalities in the general budget of the nation for investment in social sectors, will have a value equal to 15% of current revenues of the Nation in 1994, and will increase by one percentage point each year until reaching 22% in 2001. current revenues of the Nation as a basis for calculating the shares of the municipalities under articles 357 and 358 Constitution, shall consist of tax and non-tax revenues; They will not form part of the basis for calculating the resources of the national fund of royalties, as defined in the 6th Act. 1992 Article 19 as exclusive of the Nation under the authorizations granted only once to Congress in Article 43 transitory of the Constitution and only for the year 1994, the surtax excluding income and the earmarked revenues indicated in Article 359 of the Constitution.
The participation thus defined is distributed according to the following criteria:
1. 60% stake as well:
a. 40% in direct relation to the number of inhabitants with unsatisfied basic needs.
B. 20% in proportion to the degree of poverty in each municipality, in relation to the national average poverty level.
2. The remaining 40% as follows:
a. 22% agree with the participation of the municipal population in the total population.
B. 6% in direct tax efficiency of local administration, as measured by the positive variation between two fiscal years of the per capita tax weighted in proportion to the relative index of unsatisfied basic needs proportion.
C. 6% for administrative efficiency, established as a prize at the lowest administrative cost per capita for the coverage of public services, and measured as the ratio between spending overall operation of the municipality and the number of people with water services, sewage and , cleanliness. In municipalities where these services are not responsible, they shall refer the domiciliary public service of wider coverage.
D. 6% according to the progress demonstrated in quality of life of the population of the municipality, measured by the viariación indices of unsatisfied basic needs at two different points in time, standardized. PARAGRAPH 1.
. Before the application of the above formula will be distributed 5% of the total contribution between the municipalities of less than 50,000, allocated according to the same criteria as for the formula. Similarly, before applying the formula, 1.5% of the total contribution will be distributed among the municipalities whose territories border the banks of the Rio Grande de la Magdalena, in proportion to the extent of the banks in each municipality. PARAGRAPH 2.
. For rotating the orderly participation by Article 357 of the Constitution, referred to in this Act, the Annual Program Fund is done on the basis of 90% of capacity to appear in the budget law. When in a fiscal year actual current revenues are higher than current revenues estimated in the budget, the national government through the Ministry of Finance shall make the corresponding reaforo and through the National Planning Department to allocate additional resources to the same tax or in subsequent effect, together with the amounts corresponding to 10% of capacity budgeted. Conversely, if the actual current revenues are lower than the corresponding reduction is available. Both for the allocation of additional resources to reducing transfers, distribution rules under this Act shall be taken into account.
PARAGRAPH 3.. The rotation of the resources of this participation will bimesters up within the first 15 days of the month following two months, maximum on the following dates:
I Bimestre Giro Months January-February March 5th || | II March to April 15 as Mayo
III May to June 15 as Julio
IV July-August, 15 September
V as September to October 15 as
November-December November 15 January VI || | Reaforo and remaining 10% on April 15. Effective Jurisprudence
ARTICLE 25. PARTICIPATION OF INDIGENOUS GUARDS Indigenous safeguards that for the purposes of Article 357 are considered by law as municipalities receive a share equal to the national per capita transfer, multiplied by the indigenous population living in the respective receipt. Such participation shall be deducted from the total amount of the transfer, but to proceed to the distribution in accordance with Article 24th., Is not taken into account for the municipalities in whose jurisdiction the shelter, the corresponding indigenous population is found. If the guard is in the territory of more than one municipality, the deduction will be based on the proportion of the population in each municipality based shelter. Corresponding to safeguard the participation will be administered the respective municipality, but must be used exclusively for investments that benefit the corresponding indigenous population, for which a contract between the municipality or municipalities and authorities of the guard held. When the guards are erected as Indigenous Territorial Entities, their authorities receive and administer the transfer.
This article is considered temporary as the Organic Law of Land Management approved. The Government will comply with the transitional article 56 of the Constitution. Effective Jurisprudence
ARTICLE 26. TRANSITION REGIME. . During the years 1994, 1995, 1996, 1997, and 1998, the distribution of social equity for investment shall be made according to these rules:
1. Each municipality will receive annually an equal basic share the same amount received in 1992 in constant pesos, by way of shares in the tax and VAT established by Law 12 of 1986.
2. The total value of the transfer of the respective year shall be deducted from what belongs to the municipalities as basic participation, and the difference will be distributed in accordance with the criteria set out in Article 24.
PARÁGRAFO. For the purpose of this article is meant by constant pesos of 1992 the current value of the basic municipal units of that year the percentage adjustment of the fiscal year "PAAG" which is equivalent to the percentage change in the index of consumer prices for employees, registered between the 1st. October year and the same reference date immediately preceding this year, according to certification issued by the National Administrative Department of Statistics, DANE, similar to the provisions of Article 331 of the Tax Code. Effective Jurisprudence
CHAPTER IV. GENERAL PROVISIONS
ARTICLE 27. INSTITUTIONAL ADAPTATION. For the purposes of the institutional adjustment required by the provisions of this Act, pursuant to section 10 of article 150 of the Constitution, confiérense extraordinary powers to the President of the Republic, for a period of six months from the effective date of this Act, to adopt rules on the modification of the structure and functions of the National Planning Department and the Ministry of National Education and related bodies and linked to adapt to the provisions of this law.
functional changes. For the purposes of the provisions of this law, the following functional modifications are arranged:
1. The Ministry of Finance will determine the total amounts for transfers and shares referred to in Articles 356 and 357 of the Constitution, and the National Departartamento Planning apply the respective formulas for distribution by local authorities, according to information prepared by the respective ministries in coordination with the Dane, in accordance with the procedures set forth in this Act.
2. It will be the competence of the National Planning Department participate in the preparation procedures and budgetary programming resources referred to in Articles 356 and 357 of the Constitution, under the terms provided in this Act, and develop activities for monitoring and evaluation of the corresponding destinations, in harmony with the provisions in articles 343 and 344 of the Constitution.
3. Unit Territorial Development will be a Special Administrative Unit of the National Planning Department, with administrative autonomy and its own budget, which will have the character, legal status and powers established in the development of the extraordinary powers granted by the preceding article, and exercise all functions assigned to the National Planning Department under this Act.
4. Allocate the Ministries of Health and Education and the National Planning Department, in coordination with the Dane, the organization and operation of an information system in the areas of education, health, public services and territorial finance that is the support for the implementation of the rules of this Act.
5. Departments, districts and municipalities are obliged to provide the information system provided for in the preceding paragraph, the information determined by the Ministries of Health and Education and the National Planning Department. If it is found that the authorities responsible for local authorities provided information leading to overestimation of location, it is meant such action as grounds for misconduct and they shall be subject to appropriate administrative and financial penalties.
6. Ministries shall, by resolution, special regulations for the purpose of advancing the work of monitoring and evaluation of the provision of services and, in particular, the use and destination of transfers and the degree of their coverage.
7. Nation shall not resume the responsibilities that become the exclusive competence of the departments, districts and municipalities, in accordance with the provisions of this law. However, under the principle of subsidiarity transiently and duly qualified by the CONPES for social policy reasons, the Nation will take exceptional measures of technical and administrative intervention to provide health services and education in local authorities.
8. The National Planning Department in coordination with the Ministries of Health and Education, the School of Public Administration and Universities, held a dissemination plan, training and advice to local authorities, officials, authorities and the community, on matters typical of this law.
ARTICLE 29. SOCIAL, ECONOMIC AND CULTURAL RIGHTS. The competent authorities under this law in carrying out their functions and in accordance with existing laws, can with fiscal resources contract with natural or legal persons buying and selling goods and / or consideration of services in own or third parties benefit, and according to the targeting criteria set out in Article 30 of this Law, in order to ensure compliance with social, economic and cultural rights enshrined in articles 43, 44, 46, 47, 48, 49, 50, 51 , 54, 67, 70, 71 and 368, 13 and 46 of the Constitution transient. Consequently, they may be included in the annual budget laws and budgets of local authorities, the corresponding appropriations for this purpose.
In the health and education sector under Article 24 of Law 10 of 1990, also may subscribe contracts between local authorities and educational institutions and health non-luccro of recognized suitability to finance students or care of patients with limited economic resources. The contract shall always stipulate the amount of subsidy per student and system recovery tariffs and quotas governing the provision of health services. When development plans are approved, they must be included in the programs. In the education sector, it will proceed according to article 8. of this Law.
ARTICLE 30. DEFINITION OF TARGETING OF SOCIAL SERVICES. Defínese targeting of subsidies to the process by which it is guaranteed that social spending is allocated to the poorest groups and vulnerable population.
For this, the social CONPES, every three years will define the criteria for determining, identification and selection of beneficiaries and for the implementation of social spending by local authorities.
ARTICLE 31. SANCTIONS. Incur grounds for misconduct officials who delay or hinder transfers or payment, transfer more or less than the resources that correspond to local authorities under this Act, and shall be subject to appropriate disciplinary sanctions, without perjuuicio of others provided for in the Criminal Law.
ARTICLE 32. INTERNAL CONTROL AND FISCAL. Departments and municipalities and decentralized entities designed and implemented the internal control systems referred to in Article 269 of the Constitution is refere to ensure the protection and honest and efficient use of resources tranfieran developing this Act .
the subsequent fiscal control will be exercised by the relevant Departmental Comptroller, District or Municipal, where any, and the Comptroller General of the Republic in accordance with the provisions of the Constitution and Law 42 of 1993.
PARÁGRAFO. In any case the territorial comptroller may collect fees, contributions or allocation percentages to cover the costs of fiscal control on the amount of transfers and holdings of local authorities established in this law and incorporated into their budgets.
ARTICLE 33. HEALTH SECTOR FUND prestacional. Create the National Fund for the payment of performance based servers liabilities health sector, as a special account of the Nation, without legal status, with independent accounting and statistics, with the following features:
1. The Prestacional Fund prestacional guarantee payment of liabilities for severance, pension reserves and pensions, due to the end of the 1993 budgetary effect, servers belonging to entities or agencies that treats the numeral 2o. of this Article, who are in the following cases:
a. Not affiliated with any entity of welfare and social security, the reserve for severance or retirement pensions has not been constituted wholly or in part, except when the reserves built up prior to the effective date of this law are intended for purposes other than severance pay and pensions.
B. Affiliated entities of welfare and social security but whose contributions have not been canceled or have been partially canceled, except when the interruption of the respective payments occurred after the effective date of this law, or where reservations have been assigned to another end.
C. Members or pensioners entities welfare and social security whose pensions are shared with health institutions, corresponding to fund the payment of the difference that is in charge of health entity whose reserve for severance or retirement pensions is not there composed wholly or in part, except when the reserves built up prior to the effective date of this law are intended for purposes other than severance pay and pensions.
2. They are beneficiaries of the Fund and are entitled to demand payment of the debt of its prestacionales liabilities servers mentioned in paragraph 1o. of this article belong to the following entities or agencies of the health sector:
a. At health institutions or agencies belonging to the official subsector health sector.
B. A private entities subsector of the health sector in the case of institutions that have been held and managed by the state, and those private-settled and whose goods are intended for a public entity.
C. A legal entities indefinite nature of the health sector in the case of institutions that have been held and managed by the state, or to be settled and whose goods are intended for a public entity.
3. Financial responsibility for the payment of performance based passive servers entities or agencies identified in paragraph 2, recognized under the terms of this law, shall be established by a regulation issued by the national government that defines how must attend the nation and territorial entities, for which purpose the proportion that have attended the various administrative funding entities and agencies of the health sector that this article refers levels are taken into account, the financial condition of the various territorial levels and the legal nature of the entities.
4. The Fund is financed from the following resources:
a. 20% of profits Ecosalud.
B. A percentage of returns, set by the national government, from investment income earned on the sale of assets of companies and state entities.
C. The headings of the general budget of the Nation as assigned. PARAGRAPH 1.
. The methodology to define the value of the benefits and services liabilities and financial terms of competition for payment shall be established by regulation by the Government. That regulation also characterized prestacional debt liabilities, the form of management of the Fund, as its organization, management and other operating rules, in a period no longer than six months of this Act issued.
PARÁGRAFO 2o. The National Government and the departmental governments, district and municipal bonds may be issued recognition or other public debt securities to pay the prestacional liability under regulations to the effect is issued. Payments prestacional liability for severance pay and pensions can be made private unemployment funds and pensions, provident funds, the Social Security Institute or territorial funds for that purpose are created, and in all cases means that on the date of performance based payments liability caused any retroactivity is interrupted under the nation, territorial entities or entity providing appropriate health services. Effective Jurisprudence
ARTICLE 34 OF THE ENTRY IN THE SPECIAL HEALTH ENTITIES REGISTRATION. All institutions or foundations of public utility and corporations or associations non-profit organization, whose purpose is the delivery of health services, must prove to the Health Ministry, or his deputy, or at the departmental or district addresses health, technological and scientific capacity, capital adequacy and technical administrative capacity in the manner specified in the regulations, so that the Ministry fulfills the function of verification.
The Ministry of Health or the Health appropriate when required by the relevant documentation, shall verify the provenance of the registration in the special registration or cancellation of legal personality following the procedures determined by law 10a. 1990 and other regulatory and complementary rules. In any case, the control of the Ministry or the Directorate of Health, as appropriate, to verify the registration requirements may be selective and later as determined by the regulations.
ARTICLE 35 OF THE NATURE OF THE LEGAL indefiniteness hospitals. Those institutions providing health services, whose legal nature has not been able to specify and are being managed and maintained by the state will continue under the administration of the respective local authority according to the level of care and classification determined by resolution of the Ministry of Health.
Therefore the respective local authority must forward all administrative and any order necessary to define the legal nature of such entities in accordance with the departmental and municipal regimes performances, Law 10 of 1990 and this Act.
organize special administrative unit AS THE CENTER DERMATOLOGICAL LLERAS FEDERICO ACOSTA, under the Ministry of Health.
The Special Administrative Unit referred to in this article is organized without legal status, administrative autonomy and heritage for management, management of assets and resources assigned to it under the terms of Decree 1050 and 1968. 3130
the Federico Lleras Acosta dermatological Center aims to provide public health services in the area of dermatology medicine, with emphasis on treating leprosy and leishmaniasis. He also developed educational assistance agreements and advance the research necessary for the proper fulfillment of its objective.
ARTICLE 37. Federico Lleras Acosta Dermatological Center, will have the following structure, without prejudice to the national government established in the corresponding regulation of organization:
- Directorate General.
- Research Department.
- Department of Medical Education.
- Outpatient Department.
- Department of Surgery.
- Laboratory Department.
- Department Paramedic.
- Administrative Department.
financing programs that advances the nation not necessarily for their development should require borrowing local authority.
ARTICLE 39. IMPULSE TO FISCAL EFFORT. In order to boost fiscal effort, the National Government through the Directorate General of Support Attorney's Ministry of Finance and Public Credit to local authorities propose the adoption and implementation of control programs and control of their taxes; likewise design methodologies for structuring and maintaining records of taxpayers and land taxes will design and propose unified signaling systems for products that generate departmental excise taxes.
ARTICLE 40. DOCTRINAL AUTHORITY. Effective Jurisprudence
ARTICLE 41. For the purposes of this Act will take into account the population estimated by the National Administrative Department of Statistics, DANE, based on the 1985 census or the 1993 census if performed.
Municipal units ordered by Article 357 of the Constitution, will own resources of municipalities.
Effective Decisions Legislation Previous
ARTICLE 43. EFFECTIVE DATE. This law repeals all provisions that are contrary and governs from their publication.
Given in Bogota, DC,
The President of the honorable Senate,
TITO EDMUND WHEEL GUARÍN,
The President of the honorable House of Representatives,
CÉSAR PÉREZ GARCÍA,
the Secretary-General of the honorable Senate of the Republic PUMAREJO
Secretary-General of the honorable House of Representatives, DIEGO VIVAS
REPUBLIC OF COLOMBIA - NATIONAL GOVERNMENT
Given in Bogota, DC, on August 12, 1993.
César Gaviria Trujillo Minister of Finance and Public Credit, RUDOLF HOMMES
the Minister of National Education, Maruja Pachon
the Minister of Health, Juan Luis Londoño
the Deputy Director of the National Department of Planning
, responsible for the functions
the director of the National Planning Department,
CECILIA MARIA VELEZ WHITE
1. By Article 5 of Law 790 of 2002, published in the Official Gazette No. 45,046 of December 27, 2002, "Whereby are provisions issued to advance the renewal program of public administration and extraordinary powers granted to the President of the Republic ", merge the Ministry of Labour and Social Security and the Ministry of Health and the Ministry of Social Protection is satisfied."