60 OF 1993
Official Journal No. 40,987 of 12 August 1993
" For which organic rules on the distribution of competencies are dictated in accordance with Articles 151 and 288 of the Political Constitution and resources are distributed according to Articles 356 and 357 of the Political Constitution and other provisions "
THE CONGRESS OF THE REPUBLIC OF COLOMBIA,
DISTRIBUTION OF COMPETENCIES
ARTICLE 1o. POWERS OF THE TERRITORIAL ENTITIES AND THE NATION. 113 of Law 715 of 2001 > For the purposes of Articles 356 and 357 of the Political Constitution, services and competencies in Social matters, in charge of the territorial entities and the Nation, are those indicated in this chapter.
ARTICLE 2o. MUNICIPALITIES ' COMPETENCIES. 113 of Law 715 of 2001 > Corresponds to the Municipalities, through the dependencies of their central organization or the competent municipal decentralized entities, in their character as implementing entities the principal of the actions in social matters, to direct, to provide or to participate in the provision of the services directly, according to the law, to the national technical norms, to the ordinances and to the respective municipal agreements like this:
1. In the education sector, in accordance with the Political Constitution and the legal provisions on the subject:
-Administer the state educational services of preschool, elementary and middle and middle school.
-Financing the necessary investments in infrastructure and endowment and ensuring its maintenance, and participating with own resources and with the municipal units in the financing of the state educational services and in the co-financing of educational programmes and projects.
-Exercise inspection and surveillance, and the supervision and evaluation of state educational services.
2. In the area of health: According to Article 49, of the Political Constitution, to direct the Local Health System, to exercise the functions set out in Article 12 of Law 10 of 1990, to carry out the actions to promote the health, prevention of the disease, to ensure and to finance the provision of the treatment and rehabilitation services of the first level of health care of the community, directly through its dependencies or decentralised entities in accordance with Articles 4 and 6 of the same law; or contracts with public, community or private entities, as provided for in Article 365, of the Political Constitution, Law 10 of 1990 and the regulatory provisions on the matter.
b) In the development of the principle of complementarity which is dealt with in Article 3 (e) of Law 10 of 1990, the municipalities may provide services corresponding to the second and third level of health care, provided their capacity Scientific, technological, financial and administrative will allow it, and guarantee the delivery of the services and the health actions that correspond to it, prior to agreement with the respective department.
The provision of these public services, health services, from the resources of the fiscal position, will be done autonomously by the municipalities determined by the departments as provided by the article 16 of this Law, where both the staff plant and the institutions will have a municipal character.
c) Financing the endowment, construction, expansion, remodeling and the integral maintenance of the institutions for the provision of services by the municipality; investments in basic endowment, the construction and integral maintenance of the The welfare centers of the old man; for all of which the departments will have to attend.
3. In the field of drinking water and basic sanitation, ensure the provision of drinking water, sewerage, water treatment solutions and disposal of excreta, urban toilet, and basic rural sanitation, directly or in association with other public, community or private entities, or through recruitment with private or community persons. To exercise the supervision and control of market places, collection centres or public or private slaughterhouses; as well as to exercise the supervision and control of environmental sanitation, and of the risk factors for consumption, which may be carried out in coordination with other municipalities and with the department.
4. In the area of housing, in addition to Law 3a. In 1991, with the cooperation of the private sector, community and solidarity, to promote and support programs and projects and to grant subsidies for housing of social interest, defined in the Law, in accordance with the criteria of regulated focalization by the national government, in accordance with Article 30, of this Law.
5. Grant demand subsidies for the population of lower resources, in all areas referred to in this article in accordance with the targeting criteria provided for in Article 30, of the present law.
6. To promote and encourage the participation of private, community and non-profit entities in the provision of services in this article, for which they may conclude contracts with them. In the education sector, it will be carried out according to article 8or this Law.
7. In the agricultural sector, promote and participate in rural rural development projects and provide agricultural technical assistance to small producers in their jurisdiction.
ARTICLE 3o. DEPARTMENTS ' COMPETENCIES. 113 of Law 715 of 2001 > Corresponds to the departments, through the dependencies of their central organization or the decentralized entities of competent departments, in accordance with the Constitution Policy, law, national technical standards and the respective ordinances:
1. Administer the resources transferred by the Nation; plan the aspects related to its competencies for the education and health sectors and exercise coordination, subsidiarity and concurrency functions related to the competencies In accordance with the Constitution, the Law and the Regulations on such aspects are issued by the respective Ministries.
In the development of these functions, it will promote the harmonization of the activities of the municipalities with each other and with the department and contribute to the provision of the services in charge of the municipalities, when these present deficiencies according to the rating system duly regulated by the respective Ministry.
2. Register the institutions that provide health services and define their legal nature, as provided for in Articles 34 and 35, of this Law, and the regulations that This effect is issued by the Ministry of Health<1 >.
3. To act as an intermediary between the Nation and the Municipalities, for the purposes of the exercise of the functions that according to this Law, are of competence of the Nation.
4. To advise and provide technical, administrative and financial assistance to the Municipalities and to the institutions for the provision of services for the exercise of the functions assigned by this Law; to carry out the evaluation, control and monitoring of the (a) the right to take action before the competent authorities of the Member State concerned.
5. The above general competencies will be assumed by the departments as follows:
A. In the education sector, under the Political Constitution and the legal provisions on the subject:
-Direct and manage directly and jointly with their municipalities the provision of state educational services at preschool, primary and secondary and middle school levels.
-Participate in the funding and co-financing of state education services and infrastructure and endowment investments.
-To assume the functions of administration, programming and distribution of the resources of the fiscal position for the provision of the state educational services.
-Promote and evaluate the offer of teacher training and updating, in accordance with curricular and pedagogical developments and facilitate access to the training of public teachers linked to educational establishments in the area of your jurisdiction.
-Regular, in concurrence with the municipality, the provision of state educational services.
-Exercise inspection and surveillance and the monitoring and evaluation of state educational services.
-Incorporate the structures and departmental plants of scale offices, regional educational funds, pilot pilot centers and auxiliary service centers.
-To assume competencies related to curriculum and educational materials.
The provision of the state education services and the corresponding obligations, from the resources of the tax situated, will be done by the departments, case in which the educational establishments and the staff plant will have departmental character, distributed by municipalities, according to the needs of the service; in any case the administration of the teaching and administrative staff will be done as provided for in the article 6or. of this Law.
6. In the health sector: a) Pursuant to Article 49 of the Political Constitution, to direct the Sectional Health System, in compliance with the functions laid down in Article 11, of Law 10 of 1990, to carry out the actions of health promotion, disease prevention, financing and ensuring the provision of treatment and rehabilitation services for the second and third level of community health care, directly, or through contracts with public, community or private entities, as provided for in Article 365, of the Political Constitution, Law 10 of 1990, and the regulatory provisions on the subject.
b) Run national campaigns on the terms and conditions of the delegation made by the Nation or directly assume the competence, and participate in the national co-financing programmes. Finance the professional ethics courts. Exercise the controls on medicines and food on the terms that the regulation determines.
(c) To finance the provision of the services provided by the municipalities where they are not in capacity to take them; to finance the necessary investments in infrastructure and endowment and to ensure their maintenance for the the provision of services within its competence.
d) Ensure the operation of the service network and the reference and counter-referral system of patients among all levels of care.
e) Schedule the distribution of the resources of the fiscal located by municipality in order to make the assignment to those who assume the competence for their administration.
(f) The provision of such services, by means of the resources of the tax establishment, shall be made autonomously by the departments determined by the Ministry of Health<1 > in accordance with the provisions of the Article 14, of this Law, a case in which both the staff plant and the institutions shall have a departmental character. They will also be responsible for the provision of first-level health services in municipalities that have not taken up their decentralised provision, where the staff plant and health institutions will be equally departmental.
7. To grant subsidies to the demand of the population of lesser resources, in the areas of education and health, in accordance with the criteria of focus provided for in article 30, of this Law.
8. Promote and encourage the participation of private, community and non-profit entities in the provision of services in this article, except for education, for which they may conclude contracts with them.
ARTICLE 4. DISTRICT COMPETENCIES. 113 of Law 715 of 2001 > Corresponds to the districts, through the dependencies of their central organization or the competent decentralized entities, in accordance with the Law, the national technical standards and the the respective agreements:
-Manage the resources and the tax units that correspond to it, and plan the aspects related to its competencies for the education and health sectors; advise and provide technical, administrative and (a) financial assistance to the institutions for the provision of services.
1. In the education sector, under the Political Constitution and the legal provisions on the subject:
-Direct and administer directly the provision of state educational services at preschool, primary and secondary and middle school levels.
-Participate in the financing and co-financing of state education services and infrastructure and endowment investments.
-To assume the functions of administration, programming and distribution of the resources from the fiscal position for the provision of the state educational services.
-Promote and evaluate the offer of teacher training and updating, in accordance with curricular and pedagogical developments and facilitate access to the training of public teachers linked to educational establishments in the area of your jurisdiction.
-Regular provision of state educational services.
-Exercise inspection and surveillance and the monitoring and evaluation of state educational services.
-Incorporate the structures and district plants of the Escalafon Offices, regional educational funds, pilot pilot centers, and auxiliary service centers.
-To assume competencies related to curriculum and educational materials.
The provision of the state education services and the corresponding obligations, from the resources of the tax situated, will be done by the districts, in which case the educational establishments and the staff plant will have character In any event, the administration of the teaching and administrative staff shall be made in accordance with the provisions of Article 6. of this law.
2. In the health sector:
(a) In accordance with Article 49 of the Political Constitution, direct the District Health System, exercise the functions laid down in Articles 11 and 12 of Law 10 of 1990, finance and carry out actions to promote the prevention of disease and ensure the provision of the services of promotion, prevention, treatment and rehabilitation corresponding to the first, second and third level of health care of the community, directly, or through entities In accordance with Articles 4 and 6 of Law 10 of 1990, or through contracts with entities, the public, community or private, in accordance with Article 365 of the Political Constitution, Law 10 of 1990 and other related rules, and for the case of the Capital District, in accordance with Law 10 of 1992 and the respective district agreements. Register the health service providers and define their legal nature as provided for in Articles 34 and 35 of this Law and the regulation that the Ministry of Health will issue to the effect< 1 >.
(b) Run national campaigns on the terms and conditions of the delegation, or directly assume responsibility for and participate in the national co-financing programmes. Fund the district courts of professional ethics. Exercise control of food and medicines in terms of the Ministry of Health<1 >.
c) Financing the construction, expansion and remodeling of civil works, the provision and the integral maintenance of the institutions for the provision of services in charge of the district; investments in endowment, construction, enlargement, remodeling, and integral maintenance of the elderly's wellness centers.
d) Ensure the operation of the service network and the reference and counter-referral system of patients among all levels of care. The provision of such services, under the resources of the tax establishment, shall be made autonomously by the districts determined by the Ministry of Health<1 > in accordance with the provisions of Article 14 of this law, in which both the plant of personnel and the institutions, will have a district character.
3. In the area of housing, drinking water and basic sanitation the same attributed to the municipalities and departments.
4. To grant subsidies to the demand of the population of lesser resources, for the exercise of the powers assigned in this article, in accordance with the criteria of focus provided for in article 30 of this law.
5. To promote and encourage the participation of private, community and non-profit entities in the provision of services in this article, in the educational sector will proceed according to article 8 of this law, for which may conclude with them the contracts to which there is a place.
ARTICLE 5o. POWERS OF THE NATION. 113 of Law 715 of 2001 > In relation to matters of a social nature, it is up to the Nation, through the Ministries, Administrative Departments and other agencies and authorities of the central administration or entities decentralised national order, in accordance with the legal provisions on the subject:
-Formulate development policies and objectives.
-Establish technical, curricular and pedagogical standards that will serve as guidance for territorial entities.
-Manage special co-financing funds.
-Organize and develop credit programs.
-To provide specialized medical services in the case of the National Institute of Cancerology and the Sanatorios de Agua de Dios and Concionados.
-To dictate the administrative scientific standards for the organization and delivery of services.
-To promote, coordinate and finance national educational and health campaigns and programs.
-To advise and provide technical and administrative assistance to the territorial entities and their institutions for the provision of services.
-Exercise the responsibilities and actions to be fulfilled in the development of the provisions of this law.
-Distribute the fiscal position; regulate the delegation and delegate to the territorial entities the execution of the national campaigns and programs, or agree the assumption of the same by the territorial entities, when the the allocation of the respective resources for financing or co-financing; the establishment of the co-financing programmes in line with national policies and priorities.
-To monitor policy compliance; to carry out inspection and surveillance of education and health and to design criteria for their development in departments, districts and municipalities; to exercise the supervision and evaluation of the plans; programmes and, in particular, the use or allocation of disposals and units and the degree of coverage and quality of services and inform the community about these results; and, to promote the use of the services provided by the competent authorities, (a) investigations resulting from the actions of the officials.
PARAGRAFO 1o. In accordance with the decentralization of the provision of the public health and education services and the corresponding obligations, indicated in this law, the Nation will give free title to the departments, districts and municipalities the rights and obligations on the ownership of the movable and immovable property existing at the date of publication of this law for the provision of the services to be provided by the entities territorial.
ARTICLE 6o. ADMINISTRATION OF PERSONAL. 113 of Law 715 of 2001 > Corresponds to the law and its regulations, to point out the criteria, rules and rules for the organization of the teaching and administrative staff of the state educational services.
No department, district or municipality will be able to link teachers and administrators without the full requirements of the teaching status and the administrative career, respectively, or outside the staff plants that each territorial entity adopted.
Any appointment or linkage that does not fill the requirements referred to in this article shall be unlawful and constitute a cause of misconduct, without prejudice to the civil and criminal liability for the person executing it.
The loan scheme applicable to current national or nationalised teachers who are incorporated into the plant or district without a continuity solution and the new links will be the one recognised by Law 91 of 1989, and the The benefits are compatible with pensions or any other kind of remuneration. The teaching staff of departmental, district and municipal liaison will be incorporated into the National Fund of the Magisterium and will be respected the current lending regime of the respective territorial entity.
The sums for provisions and contributions to pay attention to the payment of the benefits of the teaching staff of the territorial order, in charge of the National Fund of Social Benefits of the Magisterium, will be rotated by the entities. territorial, in accordance with the provisions of this law. The actuarial value of the loan liabilities of the territorial entities, which must be transferred to the National Fund of the Magisterium, shall be determined for these purposes, based on the liquidation carried out with each of them, and shall be funded by its own resources.
The remuneration regime and the pay scales of all teachers of the state education services, which will henceforth have a special status of public servants, of departmental, district or municipal orders, governed by Decree-Law 2277 of 1979 and other rules which modify and add to it. Likewise, their salary realignments will be defined in accordance with Law 4a. 1992.
The health system management functions shall be performed through the local, district and sectional addresses according to the competencies defined in this law. The health service providers shall be endowed with legal status, their own patrimony and administrative autonomy, in accordance with paragraph 1. Article 19 of Law No 10 of 1990 and the Staff Regulations provided for in Article 26 of that Law shall apply to them. Under the authorizations of the Law 4a. of 1992 the CONPES social will establish the maximum salary adjustments that will be able to decree or to agree the territorial entities. It shall also lay down the parameters of technical and administrative efficiency which may be considered for the expansion of staff plants, and management control systems by territorial entities, without prejudice to their (a) the autonomy of the political constitution. The National Government shall establish a programme of incentives for the technical and administrative efficiency of the health and education sectors and shall refrain from participating in co-financing programmes where the territorial entities concerned are the present law, do not demonstrate efficiency or do not carry out the rational expansion of their personnel plants.
PARAGRAFO 2o. The Nation, through the Ministry of National Education, will establish and bring the national single register of all teachers linked to state educational services. This register shall be organised in order to have an integrated system of information which, inter alia, allows for the management of transfers of teachers between territorial entities, in accordance with the provisions of Decree 2127 of 1992. The National Government will regulate the provisions of this paragraph.
ARTICLE 7o. 113 of Law 715 of 2001 > Districts and municipalities may deconcentrate, delegate or decentralize the functions derived from their competencies in the localities, communes or corregimientos, upon assignment of the respective resources, except for the education sector.
ARTICLE 8o. 113 of Law 715 of 2001 > Only where the insufficiency of educational institutions of the State can be demonstrated will be able to contract the presentation of the educational service with private entities without profit, without the detriment of coverage and infrastructure of state educational services and provided that the provision of the service is adapted to the collection of academic rights established for the State institutions. This is without prejudice to the possibility of remaining the contractual situations in force for the issue of this law. The National Government will regulate the provisions of this article.
ARTICLE 9o. NATURE OF THE FISCAL POSITION. 113 of Law 715 of 2001 > The fiscal position, established in article 356, of the Political Constitution, is the percentage of the current income of the Nation that will be transferred to the departments, the Capital District and the special districts of Cartagena and Santa Marta, for the attention of the public services of education and health of the population and in accordance with the provisions of the href="policy_constitution_1991.html#49, "> 49, 67 and 365 of the Political Constitution. The Fiscal Location shall be administered under the responsibility of the departments and districts in accordance with the Political Constitution.
PARAGRAFO 1o. DEFINITION OF THE NATION ' S CURRENT INCOME. The current income of the Nation that will serve as the basis for the calculation of the fiscal position according to the articles 356 and 358 constitutional, shall be constituted by tax and non-tax revenue; the resources of the National Royalty Fund, and those defined by it, shall not be part of this calculation basis. Article 19, of Law 6a of 1992 as exclusive of the Nation by virtue of the authorizations granted to Congress for one time in Article 43 transitional of the Political Constitution. Under no circumstances may current income for the purposes of the calculation of the tax situated be deducted from the specific destination income authorised by the constitutional article 359 .
PARAGRAFO 2o. For the fiscal vigencies of 1994 and 1995, the following specific destination rents are excluded from the calculation basis of the fiscal position: VAT on cement, those assigned to old trends and (i) the Commission's statement on the situation in the Community.
PARAGRAFO 3o. The definition indicated in paragraph 1o applies to the starting point in 1993 based on the values of the Nation's initial budget in the following form: The current income of the Nation is Five billion 312,705 million, minus $130,469 million for the National Royalty Fund, and less than $442,759 million estimated as the equivalent of three VAT points authorized in Section 19 of Law 6a. In 1992, an operation that produced a base of calculation equal to 4 billion 739.476 billion pesos. As the fiscal position defined for the purposes of this law in paragraph 3 amounts to the value of 1 trillion 0488.2 billion pesos, the percentage resulting from the fiscal position on the basis of calculation is 22.1%.
PARAGRAFO 4o. The programs and values that were used as the basis for setting the level of the fiscal position in 1993 and appearing in the budget law are as follows:
1. For health, the fiscal position that appears in the law as transfers to the health services, two hospitals (Mental Institutes and Malaria of Antioquia) were also added, financed with national resources and that were outside the Fiscal position, as a consequence the value of the fiscal position in health is adjusted in a total of $224.2 billion.
2. For education, the fiscal position was considered to be composed of the following programs defined in the law of the budget: primary basic education, secondary and vocational education, cooperative schools, national planters, missionary education, pilot pilot centers, payment of social benefits from teaching and administrative staff, general expenses of RES and mobile spaces, for a total value of $824,000 million.
ARTICLE 10. TAX LOCATION LEVEL. 113 of Law 715 of 2001 > For the purposes of the provisions of article 356 of the Political Constitution and the provisions of this law, the tax situated shall be a increasing percentage of the current income of the Nation that at least will have the following levels of participation in them, as well:
a) For the year of 1994: 23%
b) For the year of 1995: 23.5%
c) For the year 1996: 24.5%
Its effective and autonomous cession to the territorial entities will be carried out in accordance with the provisions laid down for the decentralization of health and education and in the terms and conditions laid down in this law.
PARAGRAFO 1o. Of the total that corresponds to each department, it will be mandatory to allocate at least 60% for education and 20% for health. The remaining 20% must be allocated by the department or district, to health or education according to their goals in coverage and other sources of financing for these sectors.
At least 50% of the fiscal position for health should be applied to the first level of care and should be transferred to the municipalities and districts when they assume that competence. Each territorial level shall apply at least five percentage points to disease prevention and health promotion.
By duly justified reasons and approved by the ministries of the sector, different values may be assigned to any of the minimum percentages required here.
PARAGRAFO 2o. The appropriations to pay for the health and education liabilities that correspond to the Nation, pursuant to Laws 43 of 1975, 91 of 1989 and those recognized by this Law, shall be financed from resources other than the fiscal position.
PARAGRAFO 3o. The departments, districts, and municipalities that assume responsibilities assigned to them, may ask the National Planning Department for the revision of the sums corresponding to the fiscal position, when it is demonstrated that there are errors in its calculation.
PARAGRAFO 4o. The Government, in the Development Plan, will be able to give consideration to the Congress increases in the percentage of the current income of the Nation established in this law for the fiscal position, with the to adjust it to the social goals mentioned there.
1. The 15% equal share between the Departments, the Capital District and the districts 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 current users ' care costs for health and education services in all departments and districts of the country, to the extent that the percentage of the numeral 1 allows the provision of services under conditions of administrative efficiency, in accordance with the provisions of this Article. This percentage shall be considered for calculation purposes as the minimum fiscal position.
b) The remaining percentage, once the distribution is made by the Minimum Health and Education Tax Office, will be allocated in proportion to the potential population to attend, in the health and education sectors, and the weighted fiscal effort, conformity with the criteria laid down in paragraph 2 of this Article.
The methodology for establishing the current user population, to apply the rules for the distribution of the resources of the fiscal position and to design the relevant indicators, will be adopted by the CONPES for the Social Policy in accordance with the provisions of this Article. In any case, the following definitions shall be taken into account:
i) Current users in education, are the population registered in each year in the official sector, plus the scholarship that the private sector serves. The target population shall be counted with a special weighting for the purpose of user statistics.
ii) The potential population, in education, is the population of school age between 3 and 15 years of age, less attended by the private sector.
iii) Current users in health, are the population cared for in each year by the official and private institutions that provide services for contracts with the official sector, measured through the registration of the medical, nursing and dental and hospital discharge.
iv) The potential population in the health sector is measured as the total population of the department, not fully covered by the social security contributory system, weighted by the basic needs index supplied by the DANE.
PARAGRAFO 1o. For the purposes of measuring the per capita administrative efficiency of the item (a) of numeral 2) of this Article, a minimum fiscal position shall be calculated for each health and education sector. required to finance the costs of providing the service to the current population in each of them, by looking at the following criteria:
(a) Annually, each department calculates a per capita expenditure resulting from the following operation: the numerator will be the fiscal position assigned to the sector the year immediately preceding, adjusted for a given rate of wage growth for the National Government; the denominator will be the population attended the same year.
(b) The departmental and district per capita expenditure shall be determined by grouping them into categories, focusing on the index of basic unmet needs "INBI", the territorial income per capita, and the population density on the territory, as determined and approved by the National Council for Economic and Social Policy-CONPES- for Social Policy.
(c) To departments and districts whose per capita expenditure differs from the average of each category they are included in, they will be given a stimulus when they are below average. If not, the difference will be recognised as falling within an adjustment plan involving the replacement of financial resources or the extension of hedges, as follows: 100% in 1994, 80% in 1995, 60% in 1996, 40% in 1997, 20% in 1998; From 1999 the expenditure will be valued with the average per capita of the category of departments and districts within which they are included.
(d) Percapita expenditure in terms of efficiency shall be the basis for calculating the expenditure on the population or the currently attended users of which are numbered 1) and point (a) of the numeral 2) of this Article.
PARAGRAFO 2o. For the purposes of paragraph 2 (b) of this article, the following criteria are taken into account:
(a) The fiscal effort will be determined as the ratio between the per capita expenditure of two successive fiscal vigencies applied to health and education, and weighted in inverse form to the per capita income of the respective territorial entity.
b) The fiscal effort will be weighted in inverse relation to socio-economic development.
(c) For the purposes of the fiscal effort, the per capita expenditure of each department shall be determined by considering the expenditure applied to health and education made with assigned income, other own resources and other transfers other than the fiscal position provided by the department and the municipalities of its jurisdiction.
PARAGRAFO 3o. In the month of January each year, the Ministries of Education and Health, in coordination with the National Administrative Department of Statistics, and departmental finance secretaries will supply the National Planning Department, the information of the year immediately preceding the essential factors for the application of the formula. The financial information submitted by the treasury secretariats shall be endorsed by the respective Comptroller. Officials of departments and districts that do not provide the information within the deadlines set by the ministries and this law, will incur the causal of misconduct and will be subject to the corresponding penalties. In this event, the information estimated by the respective ministry will be applied for the purposes of the distribution of the fiscal position.
PARAGRAFO 4o. For the purpose of the calculations required in the application of the provisions of this article, it shall be excluded from each department corresponding to the district in its territory.
PARAGRAFO 5o. During the four-year transition period fixed in Article 14, of this law and according to a regulation issued by the National Government for the purpose, it shall be recognised the annual value of the employer's contributions for pensions and unemployment, which shall be deducted from the total value of the tax situated before it is distributed according to the provisions of this Article, and shall be rotated as provided for in this Article. Article 19of this Law. After the transition period of four years, it shall be carried out in such a way that once the fiscal position is distributed by territorial entities, the total value corresponding to each one will be deducted the employer quotas for the affiliation and creation of reserves for the payment of the pension and unemployment benefits, for the education and health sectors, in accordance with the laws and regulations on the subject. Such values shall be rotated in the manner provided for in Article 19.
PARAGRAFO 6o. Every five years, which will be counted from July 7, 1991, the law, at the initiative of the members of the Congress, will be able to review the level of the fiscal position and the participations of the Municipalities, the rules and procedures for the application of the Constitutional criteria.
PARAGRAFO 7o. During the transition period, 1994, 1995, and 1996, for those territorial entities whose aliquot of 15% is not sufficient to maintain their current coverage, they will be guaranteed a fiscal position not in no case to the one received in 1993 at constant weights.
Current value is understood to be the current value plus inflation caused as provided for in paragraph 26.
PARAGRAFO 8o. For the fiscal vigencies of 1994 and 1995, the specific destination income and savings to be collected for this concept in the budget of the budget are excluded from the calculation basis. Nation will be distributed among the Territorial Entities whose levels of fiscal position per poor inhabitant are below the national fiscal position per poor inhabitant. These resources will be allocated in proportion to the participation of potential users in health and education of each territorial entity benefited by this norm, within the total of the same.
In turn, this indicator will be weighted by the index of unmet basic needs provided by the DANE, which will serve as a basis for the calculation of the poor inhabitants of each Territorial Ente.
ARTICLE 12. COMMISSION OF TRANSFERS. 113 of Law 715 of 2001 > Create a Commission of Transfers of Transfers, which will have an advisory character and will exercise vigilance on the settlement and distribution of the fiscal position and the participation of the municipalities in the current income of the nation; and of which a delegate appointed by the Colombian Federation of Municipalities, a delegate appointed by the Association of Governors, a delegate appointed by the Third Committee, shall be a delegate. of the Senate and a delegate appointed by the Third Committee of the House of Representatives. The commission will give its own regulation and will be financed by the contributions of the represented entities.
PARAGRAFO. The conflicts that arise in the application of this law between the municipalities and the departments or between the departments and the nation, may be resolved by ad-hoc reconciliation commissions, in which shall be represented by the nation, the departments and the municipality, without prejudice to the actions to be taken in the jurisdiction of the administrative disputes. The operation of these commissions will be regulated by the National Government.
ARTICLE 13. DISTRIBUTION OF THE FISCAL POSITION IN EACH DEPARTMENT FOR THE PROVISION OF SERVICES. 113 of Law 715 of 2001 > The Departmental Assemblies will program the distribution of the resources of the fiscal position for the department and for municipalities, in accordance with the powers assigned in Chapter I of this Law to each of these administrative levels, in consideration of the criteria of equity and efficiency, and in the development of a concerted plan with the municipalities for enlargement of coverage, improvement of quality and administrative and financial adjustment, and for decentralization of responsibilities in the case of health.
1. They are minimum criteria for the distribution of the fiscal position among the municipalities as provided for in Article 11, for the distribution between departments and districts, except for the 15% aliquot. Account shall be taken as a special criterion, a percentage of the resources of the tax situated to be distributed among the municipalities which have decentralised the health or education skills.
The rules for the allocation of resources among the municipalities may be analogous as appropriate to those provided for in Article 11of this Law, for which the necessary distinctions shall be considered between the allocation of health and education. The manner of applying the criteria for the distribution of the tax situated between the municipalities may be modified every three years by the respective Departmental Assembly, or when changes of a legal nature are made on the matter, or on occasion of the approval of the departmental development plans.
2. The plan for the expansion of coverage, the improvement of quality and decentralization in the case of health, should enshrine the following aspects:
a. The population covered and the target population to attend to health and education according to the annual goals for the expansion of the coverage.
b. The public and private health services that exist in the municipalities, and the levels of health care that must be borne by each one of the local authorities. In addition, the departments will have to be in charge of the departments in line with the principles of subsidiarity, coordination, complementarity and competition. In the educational sector a balance sheet of public and private institutions to determine the total coverage of the service.
c. In accordance with the above it will be determined: the infrastructure, facilities, equipment, and the existing personnel to be administered, or assumed in the case of health by the municipalities; the program of subsidies for the access of the poor population to the social security in health and the program of scholarships for access to educational services; and finally the estimated deficit required for the attention of the assigned population will be established.
d. The financial resources available to date and its future projection, taking into account the fiscal position, the own resources of the municipalities applied to health and education, the own resources of the service providers, the ECOHEALTH transfers, and municipal units for social investment.
e. The infrastructure and personnel that will remain in charge of the department and that will be assigned to the departmental public establishments to provide the health and education services that the municipalities do not provide.
f. The infrastructure and personnel that will be incorporated at the central level of the department with management, advisory and control responsibilities.
3. In the event that the physical and financial resources in the municipalities are insufficient according to the plan of expansion of coverage and decentralization in the case of health, the financial shortages will be projected and the Medium-and long-term financial and administrative adjustment strategies. The department will, in any case, give financial incentives to the municipalities, which are responsible for the resources of the fiscal position, to encourage the decentralization of health services.
PARAGRAFO.The distributed resources for the financing of responsibilities in charge of the municipalities that have not assumed the decentralized provision of the health services in the terms established in the law, be administered by the Department or the Nation under the principle of subsidiarity. In any case, the autonomous administration and the effective transfer of the tax located to the municipalities for this purpose will be subject to the assumption of the competences by these.
ARTICLE 14. REQUIREMENTS FOR THE ADMINISTRATION OF THE RESOURCES OF THE FISCAL POSITION BY THE DEPARTMENTS AND DISTRICTS. 113 of Law 715 of 2001 > To assume the administration of the resources of the fiscal located in the terms and conditions outlined in the This law, the departments and districts shall provide proof to the Ministries of Health and Education, as the case may be, the following requirements:
1. The organisation and operation of a basic information system according to technical standards issued by the competent authority, and the adoption of procedures for the programming, implementation, evaluation, control and physical monitoring and of health and education programmes.
2. The adoption of the methodology to prepare annually, in accordance with the criteria formulated by the respective Ministry, a development plan for the provision of the education and health services, which allows to evaluate the management of the department or district in terms of the quality, efficiency and coverage of the services.
3. The approval by the Departmental Assembly of the rules and procedures for the distribution of the fiscal position.
4. The adoption of a plan to deal with Article 13 and a plan to assume responsibility for the coverage, quality and efficiency of the services containing at least the following Aspects:
(a) A background to the situation of the sector as regards: (i) the coverage and quality of the different levels of care and its target population; (ii) the staff, facilities and equipment available; (iii) the financial resources allocated to the the provision of services and, iv) other aspects of each sector, in the department and its municipalities.
b) An identification of the difficulties that have been presented in the process of decentralization developed up to the moment of the elaboration of the plan and a proposal for its solution.
c) The identification of departmental needs in terms of training, counseling, and technical assistance required by the respective ministries to ensure the development of the process of decentralization of the nation's sector to the departments.
d) The identification of municipal needs in terms of training, counseling and technical assistance that these require from 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 follow to assume the provision of the education and health services and to decentralize them to their municipalities in the case of health, with the corresponding timetable of the activities, with dates of initiation and termination of the activities, as well as the resources required for their compliance. In such a schedule, the department shall have a limit of more than four years, starting from the issuance of this law, to assume the services and two additional years, from the moment it receives the department, to deliver to its municipalities the health service.
5. The implementation, with the assistance of the respective ministry, of the following institutional adjustments:
a. In education:
-Define the departmental or district dependency that will assume the direction of education, and other functions and responsibilities assigned by law.
-Incorporate the departmental or district administrative structure of the Pilot Experimental Centers, Regional Educational Funds and Escalafon Offices.
-Incorporate the educational establishments that the nation delivers to the departmental or district administration.
-Determine the structure and management of the personnel plant in accordance with the provisions of article 6or this law.
b. In health:
-To comply with the requirements laid down by Law 10 of 1990 in its Article 37, and in particular the creation of the hospital units and the provision of services as decentralized establishments according to Article 19 of Law 10 of the 1990.
-To organise and operate the health system's network of services, according to the patient's reference and counter-referral regime and the principles of subsidiarity, complementarity and concurrence.
-Determine the structure of the personnel plant in accordance with the provisions of article 6or of this law. Staff plants shall be discriminated against in the management of the sector at their respective territorial level and that of the decentralised health service providers.
The National Government will regulate the procedures and other formalities necessary to obtain certification of compliance with the requirements set out in this article.
PARAGRAFO 1o. For the purposes of numerals 1, 2 and 4, the CONPES for Social Policy will approve the information systems, contents and methodology for the elaboration and evaluation of the sectoral plans of development of health and education in the territorial entities and the decentralization plans, seeking to have them focus on improving the achievement of goals of coverage, quality and efficiency of the services, and taking care that the information and evaluation to explain when the variations between goals and results This is the case for causes attributable to the service administrators and when for non-imputable causes.
PARAGRAFO 2o. The territorial entities that have been certified by the Ministry of Health<1 > pursuant to Article 37 of Law 10 of 1990 and other legal provisions, have a term of one year, counted from the enactment of this law, to make the supplementary adjustments for the full of the requirements laid down in this provision, which must be part of the decentralization plan.
PARAGRAFO 3o. The plans for decentralization, expansion of hedges and administrative and financial adjustment should be improved no later than December 1994, otherwise the n ation may abstain from support the department with its co-financing programs.
ARTICLE 15. ASSUMPTION OF COMPETENCIES BY DEPARTMENTS AND DISTRICTS. 113 of Law 715 of 2001 > Departments and districts that demonstrate compliance with the requirements outlined in Article 14 Four years, counted from the validity of this law, will receive by written record for the effect, the goods, the staff, and the establishments that will allow them to fulfill the functions and the obligations received. Such minutes shall define the terms and administrative acts required for the fulfilment of the commitments and obligations of the nation and the respective territorial entities.
While territorial entities do not satisfy the requirements set out in Article 14, and in accordance with the principle of subsidiarity, the administration of the resources of the fiscal position will be carried out with the Technical and administrative intervention of the Nation through the respective Ministry, in the Regional Educational Funds for the case of Education. In the case of Health, through existing modalities and mechanisms, or other mechanisms that the Ministry of Health<1 > establishes, either directly or through contracts with other legal entities. Likewise, in this event the Government will determine the conditions and terms in which the respective services will be provided from the fiscal position.
The National Government shall regulate the procedures and formalities necessary to obtain certification of compliance with the requirements set out in Article 14 of this Law.
ARTICLE 16. SPECIAL RULES FOR THE DECENTRALIZATION OF THE MANAGEMENT AND PROVISION OF HEALTH AND EDUCATION SERVICES BY MUNICIPALITIES. 113 of Law 715 of 2001 > Without prejudice to the provisions of Paragraph 2o. Article 14, of this Law, for the direction and provision of health and education services by the Municipalities, shall be observed the following rules:
A. In health:
1o. In accordance with article 356, paragraph 4. of the Political Constitution, functions will not be decentralized without the prior allocation of sufficient fiscal resources to address it, and therefore according to the procedure provided for in article 11 departments may decentralize functions only with the respective assignment of the resources from the fiscal position to the Municipalities, provided that they meet the following requirements:
-The organisation and operation of a basic information system according to technical standards issued by the competent authority, and the adoption of procedures for the programming, implementation, evaluation, control and physical monitoring and financial of the Health Programs.
-The adoption of the methodology to prepare annually, in accordance with the criteria formulated by the Department, a Development Plan for the provision of the Health Service, which allows the evaluation of the management of the Municipality in terms of the quality, efficiency and coverage of the Services.
-The realization, with the existence of the respective Department, of the following Institutional adjustments:
a. Compliance with the requirements laid down by Law 10 of 1990 in Article 37, and in particular the creation of hospital units and the provision of services in accordance with the legal provisions on the subject.
b. The determination of the structure of the personnel plant in accordance with the provisions of article 6or of this law. Staff plants shall be discriminated against in those of the municipal health directorate and that of the decentralised entities for the provision of services, in accordance with the legal provisions on the subject.
2o. The municipalities to which the department does not certify the fulfilment of the requirements laid down in this law for the disposal of the powers and resources of the tax situated, and which have at their own discretion the same, may ask the Ministry of Health<1 > for the corresponding certification.
3o. Without prejudice to the preceding numbers, the Municipalities may administer the health services referred to in Article 2or this Law with their own resources, with the transfers of Ecohealth and the participants assigned by article 357 of the Political Constitution in accordance with the sectoral health plans.
4o. When certifying the full of the requirements to be met by the Municipalities, the Departments will dictate the actions to the cession of the goods and resources that are necessary and will deliver the physical infrastructure, and the personnel to Municipalities or their service providers, while keeping on record the outstanding obligations of the Departments, especially in the field of the provision of services. By mutual agreement, inter-administrative agreements may be signed which will regulate a transitional period until full powers are taken over by the municipalities in accordance with the provisions of the decentralisation and adjustment plan. treats article 13 of this law.
B. In Education:
1o. The plants of teaching staff of the state educational services in charge of the fiscal position and in charge of the own resources of the municipality shall be administered by the municipality in accordance with article 6or the present law and the legal provisions on the matter.
2o. The municipalities will assume the other functions of Management and Administration that will assign them the legal provisions on the matter, in line with the distribution of the fiscal position defined by the Department for each municipality and the resources These are included in the municipal budget for this purpose.
3o. The personnel plant in charge of the municipalities ' own resources will not be able to be expanded without the corresponding budgetary allocation that will ensure the financing for the current fiscal life and for future fiscal vigencies of the costs. Wage and loan administrative costs.
4o. The powers and functions which have been assumed by the municipalities under Law 29 of 1989 shall be in accordance with the provisions of this Law and the legal provisions on the matter.
5o. The municipalities that organize the systems of planning, information and pedagogy; that demonstrate efficiency and institutional effectiveness; that they show that they are making permanent contributions with own resources for education; comply with the plans of incorporation of the teachers by contract that fill the requirements of the teaching career, they will be able to request the department, the faculty to appoint the teaching and administrative employees of the educational establishments State that they work in the municipality, after meeting the legal requirements for his appointment.
6o. For the payment of the staff plant of the state educational services in charge of the own resources, the municipalities will establish a special account or be able to make agreements with the regional educational funds for the management of the corresponding resources.
7o. At the request of the councils of the municipalities with population equal to or greater than 100,000 inhabitants according to the national census of 1985 and with the approval of the Ministry of National Education, the assemblies will be able to grant these municipalities autonomy. for the provision of the education service and the assumption of the corresponding obligations under the same conditions of the districts.
PARAGRAFO 1o. When a department checks to the Ministry of Health<1 > that a municipality does not comply with the rules established by this law for the execution of the functions that they have been transferred to it, may, subject to the authorization of the Ministry, subordinate their exercise to the fulfilment of performance plans agreed upon by means of inter-administrative contracts concluded for that purpose, and shall promote the application of the there is a place.
PARAGRAFO 2o. The competencies and functions for the health service that have already been assumed by the municipalities under Decree Law 77 of 1987, Law 10 of 1990 and other previous laws, in development of the process of (a) to be retained, without prejudice to the fulfilment of the additional requirements and the institutional changes to be made in accordance with the provisions of this Article, for the purpose of which a period of one year shall be from the validity of this Act.
ARTICLE 17. INCENTIVES FOR DECENTRALISATION. 113 of Law 715 of 2001 > Departments, districts, and municipalities that meet the decentralization requirements of Articles 14 and 16 of this Law, take priority in the allocation of funding and co-financing resources from the Social Investment Fund (FIS), and in other programmes of a national nature in the health and education sectors, in accordance with the Regulation which issue the National Government, and more competent authorities on the matter.
ARTICLE 18. BUDGET PROCEDURE FOR THE DISTRIBUTION OF THE FISCAL POSITION AND FOR THE CONTROL OF THE NATION OF THE SECTORAL PLANS. 113 of Law 715 of 2001 > The National Government will regulate the procedure and the timetable for the distribution of the (a) a fiscal position between the territorial entities determining the functions which the individual authorities have to perform, shall periodically assess their suitability and make any adjustments as they deem necessary, in the light of the following rules minimum:
1. The Ministry of Finance during the month of January of each year will make a preliminary estimate of the overall value of the fiscal position for the following year. The National Planning Department shall communicate to the territorial entities receiving the fiscal position, at least ten months in advance at the beginning of the respective fiscal year, the minimum budget ceiling that corresponds to them. Tax-located concept according to the projections and as provided for in Articles 10 and 11 of this Law.
2. The departments and districts shall proceed to distribute the value corresponding to them in accordance with the provisions of Articles 10 and 13of this Law, and shall submit this The Ministry of Health and the Ministry of Health and Education, together with the health and education sector development plan, will consolidate the municipal plans, in consideration of the respective ministries.
3. The concept of the Ministries of Health and Education on the plans and projects of the territorial entities will have a character of technical control and will only be obligatory acceptance by the territorial entities when they refer to the the allocation of the fiscal position and the specific matters referred to here, and shall be optional for the territorial entity when it refers to the allocation of the own resources of the entities or to the materials not established in this Article. Plans and projects of departments and districts, including adjustments to be made, shall be submitted to the National Planning Department by 30 April each year at the latest.
These technical concepts on the allocation of the fiscal position shall be binding in the following specific areas:
a) The distribution of the location between the Health and Education sectors.
b) The distribution of the tax located between the municipalities.
c) The constitution of reserves to guarantee the payment of the social benefits of each life.
d) The proportion of the allocation of the tax situated for the costs of the management and the provision of the services.
4. Based on the plans submitted by the departments and districts and taking into account adjustments that have made to the preliminary estimate of the total fiscal position, the National Planning Department will prepare the Annual Operational Plan for Territorial Transfers, in conjunction with the participations in which it deals with Article 357 of the Political Constitution and the co-financing resources. This Plan will be part of the Annual Investment Plan, which will be incorporated into the draft budget bill that will be presented to the Congress on July 20 of each year.
5. The fiscal position allocated to each territorial entity shall be incorporated into the budgets of the territorial entities and the exercise of the tax control on such resources shall be the responsibility of the competent territorial authorities, including the Comptroller General of the Republic in accordance with the provisions of the Political Constitution and Law 42 of 1993. Likewise, citizen participation in the control over resources will be guaranteed in terms of the law.
6. Within the time limits determined by the regulation, the territorial entities shall inform the respective ministries of health and education of the results obtained in the implementation of the sectoral health and education plans and the evaluation corresponding to the achievement of the proposed goals, as provided for in Article 14, of this Law.
7. The positions of the health and education fiscal, as well as the municipal units ordered in article 357 of the Constitution, which are appropriated in the annual budget law, are distribute globally among the beneficiary territorial entities, without specific destination to projects or to the service providers of the services, and in accordance with the rules of this Law.
ARTICLE 19. TRANSFER OF THE RESOURCES OF THE FISCAL POSITION. 113 of Law 715 of 2001 > The resources of the fiscal position will be transferred directly and effectively to the departments and districts, according to the distribution provided in the annual law of budget, or directly to the municipalities, prior to the fulfilment of the conditions and terms indicated in this law, by means of monthly payments made by the Ministry of Finance.
For such purposes, the departments, districts, and municipalities will organize, in their budget, independent special accounts for health and the Regional, Department of Education Funds, or the accounts that correspond to the municipalities for education, which shall be handled with a unit of cash, subject to the rules of the budgetary and fiscal regime of the respective territorial entity, under the administration of the governor or the mayor, who may delegate to the higher hierarchical authority of the respective health and education sector.
The resources of the fiscal house for education given to the departments and districts will be rotated by the Nation to the departmental or district educational funds, whose structure for payment of salaries and settlement of benefits will be fixed. by the corresponding territorial entity according to the criteria established by law and the national government, with the exception defined in article 16 of this law, in which case the resources of the Fiscal will be rotated to the Municipal Educational Funds.
To such Funds of the territorial entities must also be turned all the resources that by any concept are assigned for the respective field, except the own resources of the decentralized establishments, according to the regulation.
However, the sums corresponding to the contributions of the territorial entities, their decentralized entities, or contracting entities, which for the social benefits of the health, teaching and administrative staff, must be paid from the fiscal position, they will be turned directly to the National Fund of the Magisterium, and provisionally to the Institute of Social Insurance and the National Savings Fund in favor of the entities that do not have their members employees to no social security system, or to the entities that assume these functions for the health personnel, in accordance with the legal provisions on the subject. In any case, in the budgets of the territorial entities, the items destined for the payment of social benefits must be clearly specified and must be rotated by the Nation in the form provided here.
PARAGRAFO 1o. For the purposes of the fiscal position to the departments, districts and municipalities, the Annual Cash Program, will be made on the basis of 100% of the capacity that appears in the Budget Law. From the fiscal year of 1994, the largest or lower securities of the cash collection will be added or deducted from the following budgetary vigencies within a plan of expansion of coverage or financial adjustment as the case may be. Such orders shall be made in the last five days of each month and received at the territorial entity at the latest on the last working day of the month.
PARAGRAFO 2o. The respective ministry will communicate to 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 the Fiscal Located are directly and effectively rotated to the Departments, Districts, or Municipalities.
While meeting the requirements of dealing with the items in reference, the resource management will be performed in the manner indicated in article 15, of this Act.
ARTICLE 20. CONTROL OF COMPLIANCE WITH THE CONDITIONS OF THE FISCAL POSITION. 113 of Law 715 of 2001 > In order to ensure the fulfilment of the conditions under which the responsibilities and functions of this Law, whose responsibilities and functions, are to be assumed establishment authorizes article 356 of the Political Constitution, when departments and districts have decreased the quality of services or hedges, for reasons attributable to the the administrative management of those services, or have given the transfers a destination other than that provided for in the health and education development plan, the Ministries will promote the investigations that correspond to the competent authorities, and will determine, according to the magnitude of the non-compliance and the sector in the which is present, different degrees of co-administration of the national authorities in the administration of the resources of the fiscal situated. The particularities of this co-administration will be reflected in the modalities and mechanisms that each ministry defines, without in any case reducing the value of the fiscal position corresponding to each territorial entity, as a result of the application of the relevant formula.
However, the corresponding ministry may, after an evaluation study, decide from what time the co-administration of the national authorities ceases.
Co-administration will be temporary until the technical and administrative failures that led to the co-administration of the national authorities are corrected.
MUNICIPALITIES 'PARTICIPATION IN THE NATION' S CURRENT INCOME
1.. In education: construction, extension, remodeling, endowment and maintenance and provision of educational material for formal and non-formal education establishments, financing scholarships, payment of teaching staff, and input from the administration for the social security systems of the teaching staff.
2. In health: payment of salaries and fees to doctors, nurses, promoters and other technical and professional staff, and when their social benefits have taken place, and their affiliation to social security; payment of subsidies for the access of the population with basic unmet needs for health care, access to essential medicines, prostheses, braces and the social security system in health; pre-investment studies and investment in construction, endowment and maintenance hospital infrastructure in charge of the municipality and of health centres and posts; vaccination, promotion of the health, control and monitoring of environmental sanitation and consumption that constitute a risk factor for health; financing of nutritional nutritional programmes for vulnerable groups; maternal-infantil; school feeding; and third age programs and persons with physical and mental impairments or alterations, in any of their care modalities.
3. In housing: to grant subsidies to households with income below the four minimum wages, for purchase of housing, lots with services or to build; or to participate in housing solutions programs of social interest defined by the law; provision or repair of housing and provision of basic services.
4. In services of drinking water and basic sanitation: pre-investment in designs and studies; designs and implementation of institutional structures for the administration and operation of the service; construction, expansion and remodeling of aqueducts and sewage, water purification, or alternative solutions for drinking water and disposal of excreta; basic rural sanitation; treatment and final disposal of waste; conservation of micro-basins, protection of sources, reforestation and waste treatment; and construction, extension and maintenance of jaueyes, wells, latrines, treatment plants and networks.
5. Subsidies for the poor that guarantee access to the public services, both in terms of connection and fees, in accordance with the law and the targeting criteria provided for in the article 30.
6. In the field of agriculture: grant of subsidies for co-financing of land purchase by poor peasants in land reform zones; creation, endowment, maintenance and operation of the Municipal Agricultural Technical Assistance Units (umatas), and personnel training, in accordance with the current legal provisions; subsidies for the construction of irrigation districts; construction and maintenance of neighborhood roads; and construction and maintenance of product collection centers farm.
7. For vulnerable population groups: development of comprehensive social welfare plans, programs and projects for the benefit of vulnerable populations, without social security and with unmet basic needs; third age, children, youth, women pregnant and disabled. Centers of care for the least infringer and emergency care.
8. In justice: they will be able to co-finance the operation of municipal conciliation centres and family stations.
9. In the protection of the citizen: upon agreement and through inter-administrative agreements with the nation, additional police services may be co-financed where necessary in accordance with the provisions of law 4a. of 1991.
10. In physical education, recreation and sport: investment in sports facilities; provision to school children of the requirements necessary for the practice of physical education and sport; as provided for in law 19 of 1991 financial support, and in endowment and sports equipment to the leagues, amateur clubs and sporting events; and investment in parks and public squares.
11. In culture: construction, maintenance and rehabilitation of houses of culture, libraries and municipal museums, and financial support for cultural events and municipal and cultural groups.
12. In disaster prevention and care: adequacy of urban and rural areas in high-risk areas, settlement relocation, disaster prevention and care.
13. In institutional development: training, advisory and technical assistance activities included in a municipal institutional development program, aimed at strengthening its management capacity, previously approved by the corresponding departmental planning office
14. Payment of the debt service acquired to finance physical investments in the activities authorised in the preceding numerals.
15. Construction and maintenance of municipal and inter-municipal road networks.
16. 11 of Law 549 of 1999. The new text is the following: > Cuestating of the pension liabilities of the respective entity through the National Pension Fund of the Territorial Entities.
17. In other sectors, the social CONPES considers appropriate and at the request of the Colombian Federation of Municipalities.
PARAGRAFO. In the General Budget of the Nation, no appropriations may be included for the same purposes as this article, in order to be transferred to the territorial entities, different from the participations regulated in this chapter, without prejudice to budget appropriations for the execution of functions by the Nation with the participation of the territorial entities, and the co-financing items for programmes under the exclusive competence of the territorial entities.
ARTICLE 22. RULES FOR THE ALLOCATION OF SHARES FOR SOCIAL SECTORS. 113 of Law 715 of 2001 > Participation for social sectors shall be allocated by the municipalities to the activities indicated 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 the target of coverage of 70% of the population with Drinking Water has not been met. According to the Departmental Office of Planning or who will do its times, this percentage may be reduced, when the fulfillment of the minimum goals is credited and will be used for the other activities.
4. In physical education, recreation, sport, culture and use of free time, 5%.
5. In free investment according to the sectors mentioned in the preceding article, 20%.
6. In all cases rural areas will be allocated at least the equivalent of the proportion of the rural population on the total population of the respective municipality, such percentages may be varied prior to the design of the departmental offices of planning.
In those municipalities where the rural population accounts for more than 40% of the total population, an additional 10% in rural areas should be invested.
7. 12 of Law 549 of 1999 > In covering the pension liabilities of the respective entity through the National Pension Fund of the Territorial Public Entities Fonpet, for which the percentage increase provided by the Political Constitution from the year 2000.
From 1999, the municipalities, after approval of the departmental planning offices or those who do their times, will be able to allocate up to 10% of the participation to the operating expenses of the municipal administration, in form duly justified and after evaluation of its own fiscal effort and its administrative performance. The National Planning Department will set the criteria for the respective assessment by the departmental planning offices, or who will do their own times.
ARTICLE 23. CONTROL OF PARTICIPATION FOR THE SOCIAL SECTORS. 113 of Law 715 of 2001 > For the purpose of ensuring the proper allocation of participation for the social sectors, without prejudice to the activities of fiscal control and other The following rules shall be observed:
1. The municipality must prepare an annual investment plan from the resources of the participation for the social sectors. The municipality shall submit the plan and semi-annual reports to the departmental planning office or to whom it does, on its implementation and modifications. The investment plan will be presented to the department within the term that the same one points out in order to integrate the education and health plans provided for in this law.
2. The municipality shall ensure the dissemination of social plans between citizens and organisations within its jurisdiction. The community, through the different mechanisms of participation that the law defines, may inform the department to which the respective municipality belongs, or to the competent authorities in matters of control and evaluation, the irregularities that are presented in the allocation and implementation of the resources.
3. On the basis of the information obtained, if it is verified that the authorized destinations under this law and the municipal agreements have not been fulfilled, for the purposes of the sanctions in question the paragraph of article 357 of the Political Constitution the departments will promote the conduct of the relevant investigations before the control and evaluation bodies.
PARAGRAFO. The co-financing programs that the nation will make will be subject to compliance by the municipalities and districts of the rules and provisions contained in this law.
ARTICLE 24. CRITERIA FOR THE DISTRIBUTION OF MUNICIPALITIES ' PARTICIPATION IN CURRENT INCOME FOR INVESTMENT IN SOCIAL SECTORS. 113 of Law 715 of 2001 > The participation of municipalities in the general budget of the Nation for investment in the social sectors, will have a value equal to 15% of the current income of the Nation in 1994, and will increase by one percentage point each year to reach 22% in the year 2001. The current income of the Nation that will serve as the basis for the calculation of the municipalities ' participations according to the articles 357 and 358 constitutional, will be constituted by tax and non-tax revenues; will not form part of this basis of calculation the resources of the national royalty fund, those defined in the Law 6a. of 1992, by article 19 as exclusive of the Nation under the authorizations granted for the only time to the Congress in the article 43 Constitution Policy and only for the year of 1994, the income tax surcharge and the specific destination income mentioned in article 359 of the Constitution are excluded.
The participation so defined will be distributed according to the following criteria:
1. 60% of the participation as follows:
a. 40% in direct relation to the number of inhabitants with basic unmet needs.
b. 20% in proportion to the poverty level of each municipality, in relation to the national average poverty level.
2. The remaining 40% as follows:
a. 22% according to the participation of the population of the municipality within the total population of the country.
b. 6% in direct proportion to the tax efficiency of the local administration, measured as the positive variation between two fiscal vigencies of weighted per capita taxation in proportion to the relative index of unmet basic needs.
c. 6% for administrative efficiency, established as an award at the lowest administrative cost per capita for the coverage of the public services, and measure as the ratio between the overall operating expenditure of the municipality and the number of inhabitants with water, sewerage and toilet services. In the municipalities where these services are not in charge, the most extensive coverage of the home public service will be taken as a reference.
d. 6% according to the progress demonstrated in quality of life of the population of the municipality, measured according to the viariation of the indices of basic unmet needs in two different points in time, standardized.
PARAGRAFO 1o. Before proceeding to the application of the above formula, 5% of the total participation among the municipalities of less than 50,000 inhabitants, assigned according to the same criteria, will be distributed. indicated for the formula. Also, before applying the formula, 1.5% of the total participation will be distributed among the municipalities whose territories they limit with the banks of the Rio Grande de la Magdalena, in proportion to the extent of the bank of each municipality.
PARAGRAFO 2o. For the spin of the participation ordered by article 357 of the Political Constitution, which deals with this Law, the Annual Caja Program will be made on the base of 90% of the capacity that appears in the budget law. When the current income is higher than the current income estimated in the budget, the National Government through the Ministry of Finance will proceed to carry out the corresponding revenue and through the National Planning Department to allocate additional resources, in the same tax or subsequent tax, together with the amounts corresponding to 10% of the budget. On the contrary, if the actual current income is lower, the respective reduction will be available. Both for the allocation of additional resources and for the reduction of transfers, the distribution rules provided for in this Law will be taken into account.
PARAGRAFO 3o. The turn of the resources for this participation will be done by the due bimstress, within the first 15 days of the month following the bimestre, maximum on the following dates:
Bimestre Months Turnaround
I January-February 5 March
II March-April 15 May
III May-June 15 July
IV July-August 15 September
V September-October 15 November
VI November-December 15th January
Reafora and 10% remaining April 15.
ARTICLE 25. PARTICIPATION OF INDIGENOUS GUARDS 113 of Law 715 of 2001 > Indigenous persons who for the purposes of Article 357 are considered by the Law as municipalities will receive a participation equal to the national per capita transfer, multiplied by the indigenous population that abate in the respective population. Such participation shall be deducted from the total amount of the transfer, but when the distribution is made in accordance with Article 24, it shall not be taken into account for the municipalities in whose jurisdiction the transfer is located. protected, the corresponding indigenous population. If the shelter is in the territory of more than one municipality, the deduction will be made according to the proportion of the population of the shelter located in each municipality. The participation that corresponds to the safeguard will be administered by the respective municipality, but must be destined exclusively to investments that benefit the corresponding indigenous population, for which a contract will be concluded between the municipality or municipalities and the authorities of the safeguard. When the guards are held as Indigenous Territorial Entities, their authorities will receive and administer the transfer.
This article is considered transitory while the Organic Law of Territorial Ordinance is approved. The government will comply with the transitional article 56of the Constitution.
ARTICLE 26. TRANSITIONAL ARRANGEMENTS. 113 of Law 715 of 2001 > >. During the period from 1994, 1995, 1996, 1997 and 1998, the distribution of the shares for social investment will be carried out according to the following rules:
1. Each municipality will receive annually a basic participation equal to the same amount received in 1992 in constant pesos, for the participation in the value added tax -IVA-established in Law 12 of 1986.
2. The total value of the transfer of the respective year will be deducted what corresponds to the municipalities as basic participation, and the difference will be distributed according to the criteria set out in the article 24.
PARAGRAFO. For the purposes of this article, it is understood by constant weights of 1992 the current value of the basic municipal units of that year plus the percentage of adjustment of the taxable year "PAAG", which will be equivalent to the variation percentage of the consumer price index for employees, registered between 1o. October of the year in reference and the same date of the year immediately preceding this one, according to certification issued by the National Administrative Department of Statistics, DANE, in a similar way as provided for in the article 331 of the Tax Statute.
ARTICLE 27. INSTITUTIONAL ADEQUACY. 113 of Law 715 of 2001 > For the purposes of the institutional adequacy required by the provisions of this Law, in accordance with article 10 of the href="policy_constitution_1991_pr004.html#150"> 150 of the Political Constitution, entrust extraordinary powers to the President of the Republic, for the term of six months from the date of validity of this Law, so that adopt rules on the modification of the structure and functions of the National Department of Planning and the Ministry of National Education and its related and linked entities to conform to the provisions of this law.
ARTICLE 28. FUNCTIONAL MODIFICATIONS. 113 of Law 715 of 2001 > For the purposes of this law, the following functional modifications are available:
1. The Ministry of Finance will determine the total amounts corresponding to the transfers and participations covered by Articles 356 and 357 of the Political Constitution, and the National Planning Department will apply the respective formulas for distribution by territorial entities, according to the information prepared by the respective ministries in coordination with the Dane, in accordance with the procedures outlined in this Law.
2. It will be the responsibility of the National Planning Department to participate in the procedures for preparing and budgeting the resources of the resources covered by the articles 356 and 357 of the Political Constitution, as provided for in this Law, as well as the development of activities related to the monitoring and evaluation of the corresponding destinations, in harmony with set in the items 343 and 344 of the Political Constitution.
3. The Territorial Development Unit 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 privileges to be established in the the development of the extraordinary powers granted by the preceding article, and which will exercise all the functions assigned to the National Department of Planning by this Law.
4. Assign to the Ministries of Health and Education and the National Department of Planning, in coordination with the Dane, the organization and implementation of an information system in the areas of education, health, public services (a) local households and territorial finances, which is the technical support for the application of the rules of this Law.
5. The departments, districts and municipalities are obliged to supply the information system provided for in the preceding number, the information to be determined by the Ministries of Health and Education and the National Planning Department. If it is found that the authorities responsible for the territorial entities have provided information leading to the estimate of the location, it is understood that the conduct of misconduct is a cause of misconduct and that they will be subject to the sanctions. relevant administrative and pecuniary.
6. The Ministries shall, by means of resolutions, adopt special regulations for the purpose of bringing forward the tasks of monitoring and evaluating the provision of services and, in particular, the use and destination of transfers and the degree of coverage of the same.
7. The Nation will not be able to resume, the responsibilities that become the exclusive competence of the departments, districts and municipalities, in accordance with the provisions of this law. However, in accordance with the principle of subsidiarity on a transitional basis and for reasons duly qualified by CONPES for social policy, the Nation shall take exceptional measures of technical and administrative assistance for the provision of services. of health and education services in the territorial entities.
8. The National Planning Department in coordination with the Ministries of Health and Education, the Higher School of Public Administration and the Universities, will carry out a plan of outreach, training and counseling to the Territorial Entities, its officials, authorities and the community, on the matters of this law.
ARTICLE 29. SOCIAL, ECONOMIC AND CULTURAL RIGHTS. 113 of Law 715 of 2001 > The competent entities under this law in the development of their functions and in accordance with the legal provisions in force, will be able with tax resources to contract with people natural or legal the sale of goods and/or the consideration of services for their own or third parties, and according to the criteria of focus provided for in article 30, of this Law, with the aim of ensuring compliance with the social, economic and cultural rights enshrined in the items 43, 44, 46, 47, 48, 49, 50, 51, 54, 67, 70, 71 , and 368 and, 13 and 46 transients of the Political Constitution. Accordingly, appropriate appropriations for such effects may be included in the annual budget laws and in the budgets of the territorial entities.
In the education and health sector under Article 24 of Law 10 of 1990, they will also be able to subscribe to contracts between the territorial administrations and educational and health institutions without the encouragement of luccro, of recognized suitability, for to finance students or the care of patients with limited economic resources. The contract must in any case stipulate the amount of the subsidy per student and the system of rates and recovery fees that regulates the provision of the health services. When the development plans are approved, they must be included in the programmes. In the education sector, it will proceed according to article 8or. of this Law.
ARTICLE 30. DEFINITION OF TARGETING OF SOCIAL SERVICES. 113 of Law 715 of 2001 > Define the focus of subsidies on the process by which social spending is guaranteed to be allocated to the poorest and most vulnerable population groups.
For this, the social CONPES will define every three years the criteria for the identification, identification and selection of beneficiaries and for the implementation of social expenditure by the territorial entities.
ARTICLE 31. SANTIONS. 113 of Law 715 of 2001 > Incurriran in causal of misconduct the officials who delay or hinder the transfers or the payment, that transfer more or less of the resources that correspond to the territorial entities to this law, and shall be subject to the appropriate disciplinary sanctions, without prejudice to the other provisions of the Criminal Law.
ARTICLE 32. INTERNAL AND FISCAL CONTROL. 113 of Law 715 of 2001 > Departments and municipalities and their decentralized entities will design and implement the internal control systems to be referred to in Article 269 of the Political Constitution, to ensure the protection and the honest and efficient use of the resources that are in the development of this Law.
The subsequent fiscal control will be exercised by the respective departmental, district, or municipal comptroller, where there is one, and the Comptroller General of the Republic in accordance with the provisions of the Political Constitution and Law 42 of 1993.
PARAGRAFO. In no case shall the territorial contralories be able to establish fees, contributions or percentages of allocation to cover the costs of the tax control over the amount of transfers and participations of the territorial entities set in this law and incorporated into their respective budgets.
ARTICLE 33. HEALTH SECTOR LOAN FUND. 113 of Law 715 of 2001 > Create the National Fund for the Payment of the Borrowing Liabilities of the Servitors of the Health Sector, as a Special Account of the Nation, without legal status, with independence accounting and statistics, with the following characteristics:
1. The Seasonal Fund shall ensure the payment of the borrowing liabilities for the purposes of the cessation, pension and retirement pension reserves, caused until the end of the 1993 budget, of the servers belonging to the institutions or dependencies on which the number 2o is treated. of this Article, which are found in the following cases:
a. Not affiliated with any social security and social security institution, whose reserve for retirement or retirement pensions has not been fully or partially constituted, except where the reserves formed prior to the law of this law intended for purposes other than the payment of non-payment and pensions.
b. Members of institutions of social security and security but whose contributions have not been cancelled or have been partially cancelled, except where the interruption of the respective payments has occurred after the validity of this law, or where the reserves have been allocated for another purpose.
c. Affiliates or pensioners of the institutions of social security and security whose pensions are shared with the health institutions, corresponding to the Fund the payment of the difference that is found by the health entity whose reservation for (a) a retirement pension or retirement pension has not been fully or partially made up, except where the reserves formed prior to the term of this law are intended for purposes other than the payment of unemployment and pensions.
2. They are beneficiaries of the Fund and are entitled to demand the payment of the debt of their loan liabilities, the servers mentioned in the number 1. of this Article that belong to the following health sector entities or dependencies:
a. To the institutions or health agencies that belong to the official subsector of the health sector.
b. To entities in the private sector of the health sector in the case of institutions that have been held and managed by the State, and those private entities that are liquidated and whose assets are destined for a public entity.
c. Entities of an indefinite legal nature in the health sector in the case of institutions that have been held and managed by the state, or are liquidated and whose assets are intended for a public entity.
3. The financial liability for the payment of the loan liabilities of the servers of the entities or dependencies identified in the numeral 2, recognized in the terms of this law, shall be established by means of a regulation issued by the national government which defines the way in which the nation and the territorial entities will have to compete, in order to take into account the proportion in which the various administrative levels have attended to the financing of the entities and the health sector in which this Article is dealt with, the financial condition of the individual territorial levels and the legal nature of the entities.
4. The Fund will be funded by the following resources:
a. 20% of the earnings of Ecohealth.
b. A percentage of the income, to be fixed by the National Government, from the investments of the income earned in the sale of assets of the companies and state entities.
c. The items of the general budget of the Nation assigned to you.
PARAGRAFO 1o. The methodology for defining the value of the loan liabilities and the terms of the financial concurrency for their payment will be established by regulation by the National Government. This regulation will also characterize the debt of the loan liabilities, the way the Fund is managed, as well as its organization, management and other operating rules, in a period not exceeding the following six months of this Law.
PARAGRAFO 2o. The National Government and the Department, District and Municipal Governments may issue recognition or other public debt securities to pay the loan liability according to a regulation that the effect is issued. The payments of the loan liabilities for non-payment and pensions may be made to the private funds of cesanties and pensions, to the provident boxes, to the Social Insurance Institute or to the territorial funds that are created for the effect, and in all cases shall be understood to mean that on the date of the payments of the loan liability caused is interrupted any retroactivity from the nation, to the territorial entities or to the entity of health services that corresponds to it.
ARTICLE 34. REGISTRATION IN THE SPECIAL REGISTER OF HEALTH ENTITIES. 113 of Law 715 of 2001 > All institutions or foundations of common utility and non-profit corporations or associations, the object of which is the provision of services of health, they must accredit to the Ministry of Health<1 >, or in whom this delegate, or to the departmental or district addresses of health, the technological and scientific capacity, the sufficiency assets and administrative technical capacity in the way that the regulation points out, so that the Ministry meets the verification function.
The Ministry of Health<1 > or the appropriate Health address, when required by the respective documentation, may verify the origin of the registration in the special register or the cancellation of legal status, in accordance with the procedures laid down in Law 10a. of 1990 and other regulatory or supplementary rules. In any case, the control of the Ministry or the appropriate Health Directorate, to verify the registration requirements may be selective and later as determined by the regulation.
ARTICLE 35. FROM THE INDEFINITION OF THE LEGAL NATURE OF HOSPITALS. 113 of Law 715 of 2001 > Aquellas institutions providing health services, the legal nature of which has not been specified and is being administered and sustained by the state will continue under the administration of the respective territorial entity according to the level of attention and classification determined by resolution by the Ministry of Health<1 >.
Therefore the respective territorial entity must advance all administrative and any order necessary to define the legal nature of these entities in accordance with the departmental and municipal regimes, Law 10 of 1990 and this Law.
113 of Law 715 of 2001 > The Special Administrative Unit, which deals with this article, is organized without legal status, with administrative autonomy and patrimony, for the management, administration of the goods and resources assigned to them in the terms of Decree 1050 and 3130 of 1968.
The Dermatological Center Federico Lleras Acosta aims to provide the public health service in the area of dermatological medicine, with emphasis on the treatment of leprosy and leishmaniasis. It will also develop care teaching agreements and advance the necessary research to fulfill its objective.
ARTICLE 37. 113 of Law 715 of 2001 > The Dermatological Center Federico Lleras Acosta, will have the following structure, without prejudice to those that the National Government establishes in the corresponding regulation Organization:
-Department of Medical Education.
-Department of External Consultation.
-Department of Surgery.
ARTICLE 38. 113 of Law 715 of 2001 > The co-financing programs that the Nation advances do not necessarily have to demand for their development the indebtedness of the territorial entity.
ARTICLE 39. BOOST TO FISCAL EFFORT. 113 of Law 715 of 2001 > In order to boost the fiscal effort, the National Government through the Directorate General of Fiscal Support of the Ministry of Finance and Public Credit will propose to the entities the adoption and implementation of programmes to monitor and control their taxes; likewise, it will design methodologies for the structuring and maintenance of the records of taxpayers of the territorial taxes and will design and propose unified signaling systems for products that generate departmental taxes to consumption.
ARTICLE 41. 113 of Law 715 of 2001 > For the purposes of this Law, the population estimated by the National Administrative Department of Statistics, DANE, will be taken into account on the basis of the 1985 census or the 1993 census.
The municipal units ordered by article 357 of the Constitution, will be the municipalities ' own resources.
ARTICLE 43. VALIDITY. 113 of Law 715 of 2001 > This law repeals all provisions that are contrary to and governed by its publication.
Dada en Santafe de Bogota, D. C.,
The President of the honorable Senate of the Republic,
TITO EDMUNDO RUEDA GUARIN,
The President of the honorable House of Representatives,
CESAR PEREZ GARCIA,
The Secretary General of the honorable Senate of the Republic,
PEDRO PUMAREJO VEGA,
The Secretary General of the honorable House of Representatives,
DIEGO VIVAS TAFUR.
Dada en Santafe de Bogota, D. C., at 12 August 1993.
CESAR GAVIRIA TRUJILLO
The Minister of Finance and Public Credit,
RUDOLF HOMMES RODRIGUEZ,
The Minister of National Education,
MARUJA PACHON DE VILLAMIZAR,
The Minister of Health,
JUAN LUIS LONDONO DE LA CUESTA,
The Deputy Director of the National Department
Planning, in charge offunctions
from the Director of the National Planning Department,
CECILIA MARIA VELEZ WHITE
1. By article 5 , Law 790 of 2002, published in Official Journal No. 45,046 of 27 December 2002, " For which they are issued provisions to advance the program of renewal of the public administration and grant extraordinary powers to the President of the Republic ", the Ministry of Labor and Social Security are merged and the Ministry of Health and the Ministry of Health the Ministry of Social Protection ".