Why Some Modifications Are Made To The Law 38 Of 1989, Organic Budget

Original Language Title: Por la cual se introducen algunas modificaciones a la Ley 38 de 1989, Orgánica de Presupuesto

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LAW 179
1994 (December 30)
Official Gazette No. 41,659 of December 30, 1994

Why some amendments to Law 38 of 1989 Organic Budget are introduced. Summary

Term Notes

CONGRESS OF COLOMBIA DECREES
:
ARTICLE 1o. . Article 2 of Law 38 of 1989 shall read as follows:
"Statute Coverage: Consists of two (2) levels: The first level corresponding to the General Budget of the Nation, comprised of the Budget of Establishments national public order and the national budget.
the national Budget includes the Legislative and Judicial Branches, the Attorney General, the Comptroller General of the Republic, the Electoral Organization and the Executive Branch the national level, except for establishments public, the Industrial and Commercial State and Societies of Mixed Economy.
a second level, which includes setting financial goals to the public sector and the distribution of financial surpluses of the Industrial and Commercial State and Societies of Mixed Economy with the regime of those, without prejudice to the autonomy that the Constitution and the law gives them.
At Industrial and Commercial State and Societies of Mixed Economy with the regime of those , they shall apply the rules expressly mention them. " Effective Notes

Effective Jurisprudence

Article 2.
. . The article 5 of Law 38 of 1989 will read:
"The Annual Operating Plan Investment indicate investment projects classified by sectors, bodies and programs This plan saved accordance with the National Investment Plan Department.. national Planning prepare a regional and departmental investment budget report for discussion at the Economic Commissions of Senate and House of Representatives. " Effective Notes


ARTICLE 3. . The literal a) of Article 7 of Law 38 of 1989 shall read as follows:.
"To contain the budget revenue estimate of current income, payroll contributions, capital resources and income of establishments public ". This classification modifies the other set for the General Budget of the Nation in Law 38 of 1989. Effective Notes

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ARTICLE 4. . Article 8 of Law 38 of 1989, shall be as follows:
"The principles of budgetary system are: planning, annuity, universality, box unit, integrated programming, specialization, inembargabilidad, macroeconomic coherence and homeostasis


Term Notes Effective Decisions

article 9 article 5 of Law 38 of 1989, shall be as follows:...
"Planning . the General Budget of the Nation should be in line with the contents of the National Development Plan, the National Investment Plan, Financial Plan and Annual operating Plan Investment "


Term Notes ARTICLE . the 6th Article 16 of Law 38 of 1989 shall read as follows:
"Impossibility to attach: rents are unalienable incorporated in the General Budget of the Nation, as well as the assets and rights of the organs that comprise it.
Notwithstanding the preceding inembargabilidad, the competent officials must take measures conducive to the payment of judgments against the respective agencies and entities, within the established deadlines, and respect in full the rights granted to third parties in these statements.
Assignments and shares the 4th chapter dealing are included in this prohibition., Title XII of the Constitution.
The judicial officers shall refrain from decreeing garnishment orders when the provisions do not fit in this article, on pain of misconduct "


Term Notes Effective Jurisprudence
. | ARTICLE 7 || A new article, which shall read as follows:.
"Macroeconomic Consistency. The budget must be consistent with the macroeconomic targets set by the Government in coordination with the Board of the Bank of the Republic "


Notes Effective Article 8. A new Article shall read as follows:.. | ||
"SUSTAINABILITY and fiscal stability. the budget will note that spending growth must be consistent with the evolution of revenues long term structural economy and should be a tool to stabilize the economic cycle, to through a fiscal rule "


Notes Effective Legislation Previous

Article 9. A new article will be well..:

The Confis may authorize the assumption of obligations affecting budgets of future years when implementation begins with budget effective ongoing and subject to the undertaking is carried out in each long as it is satisfied that:
a) the maximum amount of future years, the term and conditions thereof see the multiannual goals Medium term Fiscal Framework that is article 1 of this law;
B) At least the future fiscal periods that request should have ownership of fifteen percent (15%) in the fiscal year in which these are authorized;
C) In the case of domestic investment projects and prior favorable opinion of the National Planning Department and the relevant ministry must be obtained.
The authorization by the Confis to compromise budget from future years may not exceed the respective period of government. the capital expenditure projects are exempted in cases where the previously Conpes declare them strategic importance.
This provision shall also apply to entities dealing with article 9 of this law. The Government will regulate the matter.
The Ministry of Finance and Public Credit, General Directorate of National Public Budget, included in the budget proposals necessary to comply with the provisions of this article assignments.
PARÁGRAFO. These functions may be delegated by the Confis in the Directorate General of the National Public Budget Ministry of Finance and Public Credit for the case of bodies that make up the General Budget of the Nation and in the joints or Boards of Directors in the case of entities of which is paragraph 4 of Article 10 of Law 179 of 1994. the National Government will regulate the matter.
If there is such a delegation, who is delegated by the Confis submit a quarterly report to the Council on the future funds authorized in the immediately preceding quarter. Effective Notes

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Legislation Previous


ARTICLE 10. Article 17 of Law 38 of 1989 will read:
"The functions of Confis:
1 to approve, modify and evaluate the financial plan of the public sector, after submission to Conpes and. order measures for strict compliance.
2. Analyze and conceptualize about the tax implications of the Annual Operating Plan Investment upon presentation to Conpes.
. 3 Determine the financial goals for the preparation of the Annual Program of Case monthly basis Public Sector.
4. approve and amend, by resolution, the budgets of income and expenditure of industrial and commercial enterprises of the state and mixed companies with the regime of that dedicated to non-financial activities, prior consultations with the respective ministry.
. 5 other established by the organic budget Law, its regulations or annual budget laws.
the National Government will regulate the aspects necessary to develop these functions and related to its operation. In any case, these functions may be delegated. The Directorate General of National Budget shall serve as Executive Secretary of the Council "

ARTICLE 11. Article 18 of Law 38 of 1989, will read:
". Nature and composition of the Superior Council Fiscal policy. The Confis be attached to the Ministry of Finance and Public Credit, will be the director of Fiscal Policy and coordinate the budget system.
The Confis shall be composed of the Minister of Finance who shall preside, the Director of the Administrative Department of National Planning, the Economic Advisor to the President of the Republic or his substitute, the Vice Ministers of Finance, Directors general National Budget, Public Credit, Taxes and Customs and Treasury. Effective Notes

ARTICLE 12.
payroll taxes are taxes established mandatory by law, affecting a particular and unique social or economic group and are used to benefit the sector itself. Management, administration and execution of these resources will be made exclusively in the manner provided in the law that created and will be used only for the purpose envisaged in it, as well as yields and resulting financial surpluses at the end of the accounting year.

The payroll contributions administered by the organs that are part of the General Budget of the Nation will be added to the budget only to record the estimated amount and in a separate chapter of tax revenues and their collection shall be made by the bodies responsible for their administration.
The payroll contributions administered by bodies that are not part of the General Budget of the Nation, regardless of their legal nature, be incorporated in a separate budget that require approval by the Council for Fiscal Policy (Confis), except those intended to finance the General Social Security System.
PARÁGRAFO. The Minister of Finance will submit to Congress an annual report detailing the budgets approved by the Confis. Effective Jurisprudence

Editor's Notes

Effective Notes

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ARTICLE 13. Article 21 of Law 38 of 1989 will read:
"Capital resources include: The balance resources, internal resources and external credit with maturities greater than one year according to the authorized by the Congress, the financial returns, the exchange rate differential caused by the monetization of disbursements of external credit and foreign currency investments, donations, the financial surplus of public establishments of the national order, and quota industrial and commercial enterprises of the state of national order and mixed companies with the regime of those without prejudice to the autonomy that the Constitution and the law gives them, and profits of the Bank of the Republic, net of equalization reserves exchange and monetary. " Effective Notes

Effective Jurisprudence


ARTICLE 14. The literal b) of article 22 of Law 38 of 1989 shall read as follows:
b) Capital Resources: All resources of foreign and domestic credit with maturity greater than one year, resources balance, the exchange rate differential, yields on financial transactions and donations. "


Term Notes ARTICLE 15. A new article will read:

" Savings Fund and Fiscal Stabilization and macroeconomic. Create the Savings Fund and Fiscal macroeconomic Stabilization and as an account without legal status, which aims to contribute to macroeconomic and fiscal stability of the country.
the Fund will be established with resources from the total surpluses Central government, their corresponding yields and extraordinary contributions established by the government. its resources can only be used for the repayment of public debt, extraordinary expenses to attend the events referred to in article 11 of this law and the finance counter. In any case, the annual amount of deficit spending to finance countercyclical may exceed 10% of the balance of the Fund on December 31 last year.
The National Government will regulate the operation, management and investment operations of the Fund and may incorporate the General Budget of the Nation.
The Savings and Stabilization Fund Fiscal and Macroeconomic and yields will be administered by the Bank of the Republic, by contract signed by the Ministry of Finance and Public Credit, only to be valid and improvement firms Minister of Finance and Public and Manager of the Bank of the Republic and its publication in the Official Journal Credit.
These resources will be drawn by the Ministry of Finance and Public Credit - Directorate General of Public Credit and National Treasury to the Bank of the Republic with the frequency established in the contract.
The capital of the Fund and its income will be invested in foreign assets in accordance with the terms and conditions agreed in the contract referred to in this article. "


Term Notes Effective Decisions



Previous Legislation Article 16. Article 23 of Law 38 of 1989, that will modify the corresponding enumerations and that is in the Organic Budget Law:
"the Budget expenses consist of operating expenses, the public debt service and capital expenditure.

Each of these expense is classified into different sections that correspond to: The Judicial Branch, the Legislative Branch, the Attorney General's Office, the Attorney General's Office, the Ombudsman, the Comptroller General Republic, the National Civil Registry which includes the National Electoral Council, one (1) for the National Police and one (1) for the Service of the Public Debt. In the draft budget investment projects established in the Annual Operating Plan Investment will be indicated, classified as determined by the National Government. "
Budgets in operating and investment costs may not include costs to the Facility debt


Term Notes ARTICLE 17. a new article, which shall read as follows:.
"it is understood that social spending aimed at solution of basic needs unmet health , education, sanitation, clean water, shelter, and aimed at the general welfare and improving the quality of life of the population, both in operation and planned investment.
The Social Investment Budget may not be reduced in percentage in relation to the previous year compared with total expenditure of the corresponding appropriations bill.
The appropriations bill identified in an annex to the amounts allocated to social spending included in the national budget. Effective Jurisprudence


PARÁGRAFO. Public social spending of local authorities may not be reduced from the previous year and may be financed by own revenues of the respective territorial entity; these expenses are not counted with municipal participation in the current revenue of the nation. "


Term Notes Effective Decisions

ARTICLE 18. A new article, which will read:
" The expenditure authorized by existing laws to the presentation of the annual draft budget General's Office, will be added to it, according to the availability of resources, and the Government's priorities, if they correspond to functions of organs of national and keep matches national Investment Plan, and also the appropriations to which the single paragraph of Article 21 of law 60 of 1993. the bills
whereby operating costs may only be represented are enacted, dictated or amended on the initiative of the Government through the Minister of Finance and Credit refers public and the minister, together. "


Term Notes Effective Decisions

ARTICLE 19. Article 25 of Law 38 of 1989 shall be added a paragraph that it will read:
"the budget should include, where the case, the appropriations necessary to meet the deficit or losses of the Bank of the Republic. Payment may be made in securities issued by the Government, market conditions, prior authorization of the Board of the Bank of the Republic. "


Term Notes ARTICLE 20. Article 27 of Law 38, 1989, will read:
"the Government shall annually prepare the Draft General Budget of the Nation based on the draft to submit to the organs that make up this budget. The Government will take into account the availability of resources and budgetary principles for the determination of costs that are intended to be included in the draft budget. "


Term Notes ARTICLE 21. A new article will thus:
"the national Planning Department and the Ministry of Finance and Public Credit - Directorate General of national Budget - jointly developed for submission to Conpes the distribution of financial surpluses of public establishments at the national and Industrial and Commercial State and Societies of Mixed Economy with the regime of the former. Effective Jurisprudence


"Of the financial surpluses, distributed by the Conpes to the Nation, the Government may only add to the budget an amount not to exceed 1% of the current budget. In other cases," The Government will make budgetary adjustments required to comply with the distribution of resources in the preceding paragraph refers to. Also it will be determined once the financial surplus of the nation. Effective Notes

Effective Jurisprudence


ARTICLE 22. Article 30 of Law 38 of 1989 shall read as follows:

"Based on the investment target for the public sector established in the Financial Plan, the National Planning Department in coordination with the Ministry of Finance and Public Credit, develop the Annual Operating Plan Investment. This plan, once approved by the Conpes, it will be forwarded to the Directorate General of National Budget for inclusion in the draft General Budget of the Nation. the project adjustments will be made jointly by the Ministry of Finance and Public Credit and the National Planning Department. " Effective Notes


ARTICLE 23. Article 31 of Law 38 of 1989 will read:
"can not be run any program or project that is part of the General Budget of the Nation until they are evaluated by the competent authority and registered at the National Bank of Programs and projects.
authorized to co-finance, mentioned in the coverage of this Organic Law, bodies cofinanced projects, direct initiative of any citizen, supported by local authorities, to co-financiers bodies or through those.
the local authorities beneficiaries of these resources must be guaranteed compliance with their respective obligations to service debt and provide that apply to them.
for territorial entities whose population is less than 20,000 inhabitants according to the census population 1985 may be used alternative financial mechanisms to facilitate co-financing. "
. Effective Notes



Previous legislation
ARTICLE 24. A new article will read:
"If the legally authorized revenues are not sufficient to cover projected expenses, the Government, through the Ministry of Finance, through a bill proposed mechanisms for obtaining new revenues or modification of existing to finance the amount of expenses covered.
in the draft adjustments to the draft budget income will be up to the amount of expenses underfunded. " Effective Notes

ARTICLE 25.
New: Article 36 of Law 38 of 1989 will read:
"The Government submit the draft General Budget of the Nation to Congress through the Ministry of Finance and Public Credit for the first 10 days of each legislature which will contain the project income, expenses and taxable income. " Effective Notes


ARTICLE 26. Article 39 of Law 38 of 1989 will read:
"Once the draft budget presented by the Government, commissions, during their discussion, hear the Bank of the Republic to meet its opinion on the macroeconomic and sector deficit and the level of proposed spending impact.
Before August 15 committees may decide that the project does not conform to the provisions of this Organic Law, in which case they will be returned to the Ministry of Finance will present it back to before the Aug. 30 with amendments.
before September 15 the Fourth Committees will decide on the final amount of the expenditure budget. the project approval by the commissions will be issued by September 25 and begin plenary discussion on October 1 of each year.


Term Notes Effective Decisions

Article 27. Article 40 Law 38 of 1989 will read:
"Any discussion in the first debate will be in joint session of the Fourth Commissions, the Commissions will be taken will be taken by a vote of each chamber separately." Effective Notes

Effective Jurisprudence


ARTICLE 28. Article 42 of Law 38 of 1989, will read:
"Once closed the first debate, the speakers will be designated for monitoring and reporting in second debate, both the House and the Senate . The second debate will be in simultaneous and immediate plenary sessions. " Effective Notes


ARTICLE 29. Article 43 of Law 38 of 1989, will read:
"If Congress does not issue the General Budget of the Nation before midnight of October 20 the respective year, will govern the project submitted by the Government, including the amendments that have been approved in the first debate. " Effective Notes


ARTICLE 30. A new article will read:
"If the budget is approved without being issued the bill on the additional resources that Article 347 of the Constitution refers to, the Government suspended by decree, appropriations that do not have funding, pending a final decision by Congress to occur. " Effective Notes



ARTICLE 31. Article 54 of Law 38 of 1989 shall read as follows:
"for the Government to issue the decree Liquidation General Budget of the Nation
In preparing this decree the Ministry. Finance - General Directorate of National budget - observe the following guidelines:
1 shall be based on the draft budget submitted by the Government to Congress for consideration
2 will insert all changes to it... they have done in Congress.
3. This decree will be accompanied by an annex that will detail the spending for the fiscal year concerned. " Effective Notes


ARTICLE 32. Article 55 of Law 38 of 1989, shall be as follows:.
"The implementation of expenditure of the General Budget of the Nation will be done through monthly basis Annual Cash Program - PAC - This is the instrument by which the maximum monthly amount of funds available is defined in the national Single Account for the bodies financed from the Nation, and the maximum monthly amount of payments of public establishments of national order in regard to their own income, in order to meet their commitments. As a result, payments will be made taking into account the PAC and be subject to the amounts approved it.
the Annual Program Fund will be classified in the manner established by the government and will be prepared by the various bodies that make up the General Budget of the Nation, with advice from the Directorate General of National Budget and taking into account the financial targets set by the Confis. to start implementation, this program may have been filed the Directorate General of National Budget. Editor's Notes


. Effective Notes



Previous legislation
. Effective Notes



Previous legislation
The corresponding appropriations of each fiscal year CAP will have a ceiling on the value of the budget for that period.
The modifications to the CAP will be approved by the Directorate General of National Budget, based on the financial targets set by the Confis. This may reduce the PAC in case of detecting a deficiency in its execution.
Also can be decreased appropriations when it is found inadequate implementation of CAP or when the behavior of income or macroeconomic conditions so require.
Suspended appropriations, including those financed with additional referred to Article 347 of the Constitution resources, the same as those funded with improved credit resources not only be included in the Annual Program Fund ( PAC) when its effects cease the suspension or when authorized by the Confis while the borrowing is perfect. "
the Government will regulate the matter.


Term Notes ARTICLE 33. An article new that will read:
"the Confis authorize the conclusion of contracts, commitments or obligations under the authorized credit resources, while the respective loans are perfected."


Term Notes ARTICLE 34. Article 63 of Law 38 of 1989, will read:
"in any month of the fiscal year, the National Government, after the concept of the Cabinet, may be reduced to defer all or part of the budgetary appropriations in occur if one of the following events: the Ministry of Finance and Public Credit considers that the revenues of the year may be less than the total expenditures and obligations to be paid from such resources; or not the new resources should be approved by Congress or approved are insufficient to meet the expenses that Article 347 of the Constitution refers to, or authorized credit resources is not perfected; or macroeconomic coherence so requires. In such cases the Government may prohibit or subject to special conditions the new commitments and obligations. Effective Notes

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ARTICLE 35. Article 68 of Law 38 of 1989 shall read as follows:
"The availability of national income to open additional budget allocations will be certified by the Accountant General in the case. income of public establishments availability will be certified by the head of budget or his substitute.
the availability of appropriations to make budgetary transfers will be certified by the head of the respective organ budget ". Effective Notes


ARTICLE 36. Article 69 of Law 38 of 1989 shall read as follows:

"The additional appropriations and transfers to the General Budget of the Nation designed to address costs incurred by states of emergency, shall be made by the Government under the terms of this point. The source of public spending will be the decree declaring the state respective exception. " Effective Notes

ARTICLE 37.
. Effective Notes

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Previous legislation
ARTICLE 38. Article 72 of Law 38 of 1989 as amended by Article 38 of Law 179 of 1994, will read:
The appropriations included in the General Budget of the Nation, are maximum expenditure authorizations Congress approves to be executed or committed during the relevant fiscal period. After December 31 of each year, these authorizations expire and therefore can not commit, added, transferred or contracreditarse.
At the end of the fiscal year each organ constitute budgetary commitments reserves at December 31 have not been fulfilled, provided they are legally contracted and develop the object of appropriation. Budgetary reserves may only be used to cancel the commitments which they arose.
Similarly, each body will be as of December 31 year accounts payable with the obligations of the advances agreed in contracts and delivery of goods and services.
The National Government will establish the requirements and deadlines to be observed for compliance with this article. Effective Notes

Effective Jurisprudence

Legislation Previous


Article 39. Effective Notes



Previous legislation
ARTICLE 40. Article 77 of Law 38 of 1989 shall read as follows:
"The Ministry of Finance and Public Credit - Directorate General of National Budget - for programming and budget execution, it shall monitor financial General budget of the Nation, the budget of the industrial and commercial state enterprises and companies of mixed economy regime industrial and commercial state company dedicated to non-financial activities and budget of local authorities in relation to the located prosecutor and the participation of municipalities in the current revenues of the nation. the National Planning Department will assess the management and conduct monitoring of public investment projects also will advance the functions assigned to this department in Act 60 of 1993 ". Effective Notes


ARTICLE 41. A new article, which will read:
"The organs that are part of the General Budget of the Nation, the Industrial and Commercial State and Societies of Mixed Economy with regime Industrial and Commercial State engaged in non-financial activities, territorial entities regarding the situado fiscal and participation of municipalities in the current revenues of the Nation, sent to the Ministry of Finance and Public Credit - Directorate General of Budget Nacional-, information they request for the budget for the monitoring and information center budget. the National Planning Department may directly apply for financial information necessary to evaluate public investment and for monitoring results.
the Ministry of Finance and public Credit - Directorate General of Budget Nacional-, will be the center of budget information which will be consolidated pertinent to programming, implementation and monitoring of the General Budget of the Nation, the Industrial and Commercial State and Societies of Mixed Economy with regime Industrial and Commercial State engaged in non-financial activities, the Regional Autonomous Corporations and local authorities in relation to the situado fiscal and participation of municipalities in the current revenues of the Nation. This address will design methods and procedures and systematizing information necessary for it. "This is without prejudice to lawful duties established the National Planning Department especially Law 60 of 1993.
For this purpose the Ministry of Finance and Public credit Directorate-General for Budget Nacional-, determine the rules and procedures on information provision, budget records and systematization bodies should follow the national level.


Term Notes Article 42 A new article, which will read:

"The Ministry of Finance and Public Credit - Directorate General of National Budget -, suspend or limit the Annual Program Fund bodies that make up the General Budget of the Nation, and order the suspension of co-financing and disbursements to local authorities, when one or the other fail to comply with the provision of reports and other information required for budget monitoring and budget information center.


Editor's Notes Likewise, the Ministry of Finance and Public Credit General -Director of the national budget, may make the visits it deems necessary to determine or verify programming mechanisms and budgetary execution employing every organ and establish their real budgetary needs. " Effective Notes


ARTICLE 43. A new article, which will read:
"At State Commercial Industrial and Commercial State and Societies of Mixed Economy with Enterprise and Industrial regime dedicated to non-financial activities, are they applicable budgetary principles contained in the Budget Code with the exception of inembargabilidad.
it is for the Government to establish the guidelines and controls that these bodies should play in the development, establishment and implementation of budgets as well as investment . of its surplus
the Minister of Finance shall establish the guidelines and controls that the Industrial and Commercial State and Mixed Economy Companies engaged in financial activities must comply in the development, approval, establishment and implementation of their budgets; this function may be delegated to the Banking Superintendent. " Effective Notes


ARTICLE 44. Article 81 of Law 38 will read:
"The National Treasury of the Ministry of Finance and Public Credit in the management of the National Single Account may directly or through intermediaries authorized service, make the following financial operations in coordination with the Directorate General of public Credit Ministry of Finance.
operations abroad on: public debt securities issued by the Nation, as well as securities issued by other governments or treasuries, banks and financial institutions, classes and securities authorized by the Government;.
b operations in the country on securities issued by the Central Bank and financial institutions under the control and supervision of the banking Superintendency and other titles authorized by the Government, which should be short term and maintaining a strict policy of non-concentration and risk diversification;
C. Hold cash credit operations and issue and place in the country or abroad securities of domestic public debt, under the conditions established by the National Government;
D. liquidate their investments and sell and endorse financial assets that make up its investment portfolio in the primary and secondary markets;
E. Accept the endorsement in your favor public debt securities of the Nation for the payment of obligations of public bodies with the Treasury of the Nation, with the exception of tax origin
f. Other established by the Government.
The Government may establish a fund for early redemption of debt securities and if necessary to contract administration.
In all cases, the investments must be made under the criteria of profitability, safety and soundness and market conditions "


Term Notes Article 45 A new article shall read as follows.:
"the Ministry of Finance and Public Credit will have the capacity to conclude contracts that are required in the development of the provisions of the preceding article, which only required for its conclusion, validity and improvement. signature of the parties and its publication in the Official Journal, a condition which means complied with the order of publication provided by the General Treasurer of the Republic. In any case the buying, selling and trading of securities directly made by the Ministry of Finance and Public Credit shall be subject to the rules of private law. "


Term Notes Effective Jurisprudence

ARTICLE 46. A new article shall read as follows:

"The national government is authorized to make substitution in the portfolio of public always debt and when deadlines, interest or other conditions thereof are improved. These operations require authorization from the Ministry of Finance and Public Credit, will not affect the debt quota will have no budgetary impact and will not affect the net debt of the Nation at the end of the term. "
Likewise not require any operation budget substitutions assets are conducted in accordance with the law and do not involve cash expenditures "


Term Notes Article 47 A new article shall read as follows:.
"the National Treasury of the Ministry of Finance and Public Credit, shall prepare a monthly statement of its financial operations, which damages the corresponding budget will be made.
Belong to the Nation yields obtained by the National Single Account System, as well as public or private bodies with the resources of the nation except those who obtain social security bodies. "
Notes Effective

ARTICLE 48. a new article will read:
"public institutions at the national invest excess cash in securities issued by the national Treasury of the Ministry of Finance conditions market or authorized by this investment.
The Minister of Finance shall establish the conditions and requirements should take account of national public institutions to obtain loans Treasury. "


Notes Effective Article 49. Article 86 Law 38 of 1989 will read:
"All administrative actions affecting budget appropriations must have certificates that guarantee availability prior existence of sufficient appropriation to meet these expenses.
Similarly, these commitments must have registration for budget resources financed with him are not diverted to any other purpose. This record should clearly indicate the value and term of the benefits that may arise. This operation is required to complete these administrative acts.
Therefore no authority to incur obligations on appropriations nonexistent or in excess of the available balance, or without the prior consent of Confis or his delegate, to commitments for future years and the acquisition of commitments against resources authorized credit.
For modifications to plants personnel of organs that make up the General Budget of the Nation, involving increase in current costs, it will be essential and prerequisite to obtain a certificate of viability budget, issued by the Directorate General National Budget that the possibility of meeting these modifications is guaranteed.
Any compromise that is acquired with violation of these rules will create personnel and financial responsibility by who assume these obligations. "


Term Notes ARTICLE 50. Article 88 of Law 38 1989 will read:
"the heads of the bodies that make up the General budget of the Nation allocated in their budget drafts timely and appropriate to serve will turn public debt and meeting the payment of public services resources, including water, electricity and telephone. Those who do not comply with this obligation shall be taught a tax judgment of accounts by the Comptroller General of the Republic, in which fines may be imposed deemed necessary until compliance is guaranteed.
This provision shall apply to local authorities. "


Term Notes Next


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