Act 225 of 1995 (December 20)
Official Gazette No. 42157 of December 20, 1995
Whereby the Organic Budget Law
Summary Effective Notes amending
CONGRESS OF COLOMBIA DECREES
ARTICLE 1o. Paragraph a) of Article 7., Act 38 of 1989, as amended by article 3. Law 179 of 1994, shall be as follows: Revenue
The budget will contain the estimate of current revenues of the Nation; of payroll contributions when they are administered by a body that is part of the budget; special funds, capital resources and income of public establishments the national level. Effective Notes
. Article 12 of Law 179 of 1994, will read:
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 exclusively as 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.
Parafiscal contributions administered by bodies 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. Effective Notes
ARTICLE 3. The Superior Council of Fiscal Policy Confis in exceptional cases for infrastructure, energy, communications, aerospace, defense and security, as well as guarantees to concessions, may authorize obligations affecting the budget for future years are assumed no appropriation in the budget for the year in which the authorization is granted. The maximum amount of future years, the term and conditions thereof should consult the multiannual goals Medium Term Fiscal Framework which is addressed by article 1 of this law.
The executive secretariat of Confis quarterly economic commissions sent to Congress a list of the authorizations approved by the Council for these cases.
To assume obligations affecting budgets of future years, the borrowing and counterparts stipulated that these do not require the authorization of the Superior Fiscal Policy Council, Confis. These contracts are governed by the rules governing public credit operations. Effective Notes
ARTICLE 4. Public facilities, industrial and commercial state enterprises and mixed economy companies must send to the National Planning Department and the Directorate General of National Budget of the Ministry of Finance all of the final financial statements at December 31 of the year above, no later than March 31 of each year.
The breach of this provision will result in the imposition of fines successive weekly and the responsales, equivalent to a legal minimum wage, by the superintendents in charge is monitoring the corresponding entity and, failing , by the Attorney General's Office. Effective Notes
The 5th ITEM. The first paragraph and the first paragraph of Article 12 of Law 38 of 1989 and its amendments in Article 55 of Law 179 of 1994, shall be as follows:
Unit Case: With the collection of all income and resources capital the timely payment of appropriations authorized in the General Budget of the Nation will be addressed. PARAGRAPH 1.
. The financial surplus of public establishments nationally are owned by the Nation. The National Council for Economic and Social Policy, Conpes, determine the amount that will be part of the capital resources of the national budget, shall set the date of its entry in the National Treasury and allocate at least 20% of the public establishment it has generated such excess. Exceptions to this rule public institutions that manage payroll contributions. Effective Notes
ARTICLE 6o. Article 26 of Law 38 of 1989 and its amendments in the 9th paragraphs. and 11 of Article 55 of Law 179 of 1994, shall be as follows:
The financial surplus of industrial and commercial enterprises of the State of non-corporate national, are the property of the Nation. The National Council for Economic and Social Conpes Policy, determine the amount that will be part of the capital resources of the national budget, shall set the date of its entry in the National Treasury and allocate at least 20% to the company you have generated this surplus. Effective Jurisprudence
Corporate profits of industrial and commercial state enterprises and companies of mixed economy national, are owned by the Nation in the amount corresponding to the national state entities for their participation in the capital of the company .
The Conpes issue any instructions to the representatives of the nation and its entities at meetings of members or shareholders on the profits to be capitalized or reserved and will be distributed to shareholders as dividends.
The National Council for Economic and Social Policy, Conpes, in adopting the determinations under this Article, take into account the concept of legal representative about the implications of the allocation of financial surpluses and profits, as the if, on the programs and projects of the entity. This concept is not mandatory for Conpes body may adopt decisions under this Article even in absence. Effective Notes
ARTICLE 7. The tax expenditures authorized in paragraphs 2 and 3 of Article 359 of the Constitution shall be paid on ordinary income attributable to the Nation, after deducting the situado fiscal and participation of municipalities in the current income nation ordered by articles 356 and 357 of the Constitution. Effective Notes
Article 8. 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 spending authorizations that Congress approves for execution 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
Article 9. In each term, the government will reduce the operating costs budget when reserves established for them, exceed 2% of the previous year budget. Same operation performed on investment appropriations, when reserves for this purpose exceed 15% of the investment budget last year.
In determining the value of stocks and operating costs of the immediately preceding year's budget for these expenses, the prosecutor located excluded, the participation of municipalities in the current revenues of the Nation, the shares turned to the guards Indians for this purpose are considered as municipalities and the participation of the former municipalities and police stations in the sales tax.
PARÁGRAFO TRANSIENT. The national government will reduce the budget for the next 4 years as follows:
1. For the year 1996, the reduction will be equivalent to 40% of the amount of budgetary reserves established on the 1995 budget exceeding 2% of the operating appropriations and 15% of the investment budget for that year.
2. For the year 1997, the reduction will be equivalent to 60% of the amount of budgetary reserves established on the 1996 budget which exceeds the percentages indicated in the budget for that year.
3. For the year 1998, the reduction shall be 80% of the amount of budgetary reserves established on the 1997 budget which exceeds the percentages indicated in the budget for that year.
4. For the year 1999, the reduction will be equivalent to 100% of the amount of budgetary reserves established on the 1998 budget which exceeds the percentages indicated in the budget for that year. Effective Notes
ARTICLE 10. The annual program cash monthly basis, PAC, financed with resources corresponding to the term, the budget reserves and accounts payable must be approved by the Superior Fiscal Policy Council, Confis Nation.
The modifications to the CAP must not change the global amounts approved by the Confis will be approved by the Directorate General of Treasury Ministry of Finance and Public Credit.
The PAC and its amendments financed with revenues from public establishments shall be approved by the boards or boards on the basis of the global targets set by the Confis payments.
The National Government will establish the requirements, procedures and deadlines to be observed for compliance with this article. Effective Notes
ARTICLE 11 companies public services in the capital of the nation or its decentralized entities hold 90% or more, will for budgetary purposes the regime of industrial and commercial enterprises of the State.
For the same purposes, social enterprises at the national State which constitute a special category of decentralized public entity, be subject to the system of industrial and commercial enterprises of the State. Effective Notes
ARTICLE 12. Include as the second paragraph of Article 46 of Law 179 of 1994, the following:
budget also require any operation substitutions assets are conducted in accordance with the law and do not involve cash expenditures. Effective Notes
ARTICLE 13. Article 61 of Law 179 of 1994, will read:
support resources or international cooperation nonrefundable character, are part of budget revenues of the General Budget of the Nation and incorporated into the same as capital grants by government decree, precertification of your collection issued by the receiving organ. Its implementation shall be made in accordance with the provisions of the agreements or; international agreements that originate and be subject to supervision by the Comptroller General of the Republic.
The Ministry of Finance and Public Credit report these transactions to the Economic Commissions of Congress. Effective Notes
ARTICLE 14. Replace the Laws 38 of 1989 and 179 of 1994, the denomination Directorate General of National Budget Ministry of Finance and Public Credit by the Directorate General of the National Treasury of the Ministry of Finance and Public Credit where reference is made to advising on the development, establishment, modification and reduced annual cash program, and the Fiscal Policy Council, Confis, when referring to the suspension and limit the annual cash program is made. Effective Notes
ARTICLE 15. In municipalities with less than 20,000 inhabitants, total local counterpart funding required for co-financing projects that are identified in the Settlement Act, shall not be greater than 100% of that participation municipalities in the current revenues of the Nation Law 60 of 1993 assigns the respective sector to which belongs the type of project.
Cofinancing projects identified in the decree of liquidation or distributions will be evaluated and approved directly by the co-financiers bodies or regional mechanisms under the co-financing system.
PARÁGRAFO. The municipalities of the departments of Vichada, Guaviare, Vaupes, Amazonas, Guainía, San Andres and Providencia and Putumayo, co-finance a maximum of 5% of investment projects. Effective Notes
resources in accordance with Article 357 of the Constitution apply to indigenous reservations for their participation in the current revenue of the nation, not make part of the budget revenues of the territorial entity of administration.
The fate of these resources is solely the provisions of Law 60 of 1993 and its regulations, on pain of criminal actions that may be required. In any case, these resources will be subject to the supervision of the respective territorial comptroller. Effective Notes
ARTICLE 17. The Government will establish the dates, deadlines, stages, acts, instructions and procedures necessary to comply with this law. Effective Notes
ARTICLE 18. Transitory. Effective Notes
co-financing projects that are identified in the decree of liquidation and its distributions for which the representative of the territorial entity this project does not approve the financing or refrain from signing the respective agreement may be presented, financed and implemented by the Community Action Boards or other territorial bodies where they have jurisdiction. Effective Notes
ARTICLE 20. The National Government will present to the economic commissions of the Senate and House each year during the first week of April, the draft annual budget of revenues and expenses presented in final form from July 20 Congress. Effective Notes
ARTICLE 21. Include the beginning of the second paragraph of Article 21 of Law 179 of 1994, the following sentence: "In the financial surpluses, distributed by the Conpes to the Nation, the Government may only add to the budget an amount does not exceed 1% of the current budget. in other cases ... "
When surpluses destined for the nation Conpes exceed 1% of the current budget, its incorporation into the budget will be made by law of the Republic. Effective Notes
ARTICLE 22. Article 11 of Law 38 of 1989, as amended by paragraph 3o. Article 55 of Law 179 of 1994, shall be as follows:
Universality. The budget will contain all public expenditures expected to be written during the relevant fiscal period. Consequently no authority may make public expenditures, expenditures under the Treasury or transfer any credit, which are not included in the budget. Effective Notes
ARTICLE 23. Transitory. The Directorate General of the National Treasury will begin to perform the functions related to the Annual Program Fund monthly basis allocated in this law from July 12, 1996; to date these functions continue to be performed by the Directorate General of Budget of the Ministry of Finance.
During the transition the Directorate General of the National Treasury may make turns in an amount less than the Annual Program Fund, PAC, with national resources. Effective Notes
ARTICLE 24. Authorize the national government so that it can compile the rules of this law, Law 38 of 1989 and Law 179 of 1994, without changing its wording and content, this compilation will be the Organic Budget.
ARTICLE 25. Article 39 of the Law 7a 1979, its addition in Article 1o. Act 89 of 1988 and Article 30 of Law 119 of 1994 as follows: ". The contributions that treats the numeral 4th of these items are payroll contributions". Effective Notes
ARTICLE 26. The second paragraph of Article 53 of Law 179 of 1994, will read:
subsidies on public services will be awarded to people with lower incomes, as provided by Law 142 1994. Effective Notes
constitute special funds at the national level, income defined by law for the provision of a specific public service, as well as those belonging to funds without legal personality created by the legislator. Effective Notes
mayors and district and municipal councils, to develop and approve budgets, respectively, take into account that appropriations for operating expenses of the Comptrollers and personerías may not exceed those that were approved in the current budget, increased by a percentage equal to the consumer price index expected for the relevant fiscal period. Effective Notes
ARTICLE 29. The programming, production preparation, submission, approval, modification and implementation of the appropriations of district and municipal comptrollers and ombudsmen shall be governed by the provisions budget organic standards of the Districts and Municipalities that are issued in accordance with the Organic Budget Law or the latter in the absence of the first. Effective Notes
ARTICLE 31. Quotas
overall indebtedness The Government may establish various institutions for national policy in the State a quota of overall debt, allowing them to suppress these, some individual proceedings before the National Planning Department, Confis, Ministry of Finance and other competent bodies. The National Government is empowered to simplify the current procedure. Effective Notes
ARTICLE 32. No later than 31 December 1996, local authorities will adjust the rules on programming, development, approval, and implementation of their budgets to the rules laid down in the organic law of the budget. Effective Notes
ARTICLE 33. This law applies from the date of its publication and repeals the 5th paragraph. Article 23, the 3rd paragraphs. and 4o. Article 32 Articles 39 and 62 of Law 179 of 1994, 78 of Law 38 of 1989 and its amendments contained in paragraph 18 of Article 55 of Law 179 of 1994 Notes Effective
Publíquese, contact and enforcement.
Given in Bogota, DC
The President of the honorable Senate, JULIUS CAESAR
The Secretary General of the honorable Senate,
PUMAREJO PEDRO VEGA.
The President of the honorable House of Representatives, Rodrigo Rivera Salazar
The Secretary General of the honorable House of Representatives, DIEGO VIVAS TAFUR
REPUBLIC OF COLOMBIA - NATIONAL GOVERNMENT
Publíquese So ordered.
Given in Bogota, DC, on December 20, 1995.
Ernesto Samper Pizano Minister of Finance and Public Credit WILLIAM PERRY RUBIO