1995 ACT 225
Official Journal No. 42,157 of 20 December 1995
111 1996, current Organic Status of
For which the Organic Budget Law is amended
THE CONGRESS OF COLOMBIA,
ARTICLE 1o. Article 7o (a) of Law 38 of 1989, as amended by Article 3o. of Law 179 of 1994, will remain so:
The Rentas Budget will contain the estimate of the Nation's current income; of the parafiscal contributions when they are administered by an organ that makes part of the Budget; of the special funds, of the resources of capital and the revenue of public establishments in the national order.
It is parafiscal contributions that are imposed by law, which affect a particular social or economic group and are used for the benefit of the sector itself. The management, administration and execution of these resources will be made exclusively in the form of the law that creates them and will be used only for the purpose of the object, as well as the financial returns and surpluses that result from the closure. of the accounting year.
The parafiscal contributions administered by the organs that form part of the General Budget of the Nation will be incorporated into the budget only to record the estimate of their amount and in separate chapter of the tax revenues and their It shall be carried out by the bodies responsible for its administration.
ARTICLE 3o. 11 of Law 819 of 2003. The new text is as follows: > The Superior Council of Fiscal Policy, Confis, in exceptional cases for the works of infrastructure, energy, communications, aeronautics, defense and security, as well as for the guarantees to the concessions, will be able to allow obligations to be assumed which affect the budget of future vigencies without appropriation in the budget of the year in which the authorisation is granted. The maximum amount of future vigencies, the term and the terms of the future will be required to consult the multi-annual goals of the Medium Term Fiscal Framework referred to in Article 1or this law.
The Trust's executive secretary will send the congressional economic commissions on a quarterly basis to a relationship of the authorizations approved by the Council, for these cases.
To assume obligations that affect the budgets of future vigencies, the borrowing contracts and the compensatory contracts that are stipulated in these contracts do not require the authorization of the Superior Council of Fiscal Policy, Confis. These contracts shall be governed by the rules governing public credit operations.
ARTICLE 4. Public establishments, industrial and commercial enterprises of the State and mixed economy companies must send to the National Planning Department and the Directorate General of the National budget of the Ministry of Finance the totality of the definitive financial statements with a cut to 31 December of the previous year, no later than 31 March of each year.
The failure to comply with this provision will result in the imposition of weekly and successive fines for the employees, equivalent to a minimum legal wage, by the Superintendents to whose charge the supervision of the corresponding and, failing that, by the Attorney General's Office.
ARTICLE 5o. The first paragraph and the first paragraph of Article 12 of Law 38 of 1989 and its amendments contained in Article 55 of Law 179 of 1994, shall remain so:
Box Unit: With the collection of all the income and capital resources, the appropriate payment of the appropriations authorized in the General Budget of the Nation will be considered.
PARAGRAFO 1o. The financial surpluses of the public establishments of the national order are owned by the Nation. The National Council for Economic and Social Policy, Conpes, will determine the amount that will make part of the capital resources of the national budget, will fix the date of its entry into the National Treasury Department and will allocate at least 20% of the to the public establishment which has generated such surplus. The public establishments which administer parafiscal contributions are exempted from this rule.
ARTICLE 6o. Article 26 of Law 38 of 1989 and its modifications contained in the incisos 9o. and 11 of Article 55 of Law 179 of 1994, shall be:
The financial surpluses of the industrial and commercial enterprises of the State of the national order, are owned by the Nation. The National Council for Economic and Social Policy, will determine the amount that will make part of the capital resources of the national budget, will fix the date of its entry into the National Treasury Department and will assign at least the 20% to the company that generated that surplus.
The profits of the industrial and commercial companies of the State and of the mixed economy companies of the national order, are owned by the Nation in the amount corresponding to the national state entities for their participation in the company's capital.
The Conpes will issue the instructions to the representatives of the Nation, and its entities on the board of shareholders or assemblies of shareholders on the profits that will be capitalized or will be reserved and the ones that will be distributed to the shareholders as dividends.
The National Council for Economic and Social Policy, Conpes, when adopting the determinations provided for in this article, will take into account the concept of the legal representative about the implications of the allocation of financial and financial surpluses. the utilities, as the case may be, on the programs and projects of the entity. This concept is not binding on the Conpes, a body which may take the decisions provided for in this Article even in the absence of such decisions.
ARTICLE 7o. The specific destination rents authorized in the numerals 2 and 3 of the article 359 of the Constitution, shall be made effective on the revenue the current income of the Nation, after discounting the fiscal position and the participation of the municipalities in the current income of the Nation ordered by the articles 356 and 357 Constitution.
The appropriations included in the General Budget of the Nation are maximum authorizations of expenditure that the Congress approves to be executed or committed during the respective fiscal period. After 31 December of each year, these authorisations expire and, as a result, may not be committed, added, transferred or counteracted.
At the end of the fiscal year each body will constitute the budget reserves with the commitments that have not been fulfilled by 31 December, provided that they are legally contracted and develop the object of the appropriation. The budget reserves can only be used to cancel the commitments given to them.
Likewise, each organ will be responsible for paying with the obligations corresponding to the advances agreed in the contracts and the delivery of goods and services to 31 December of the year.
The National Government will establish the requirements and deadlines to be observed for the compliance of this article.
ARTICLE 9o. For each term, the government will reduce the operating expenses budget when the reserves constituted for them exceed 2% of the budget of the year immediately preceding. The same operation shall be carried out on investment appropriations, where the reserves for that purpose exceed 15% of the investment budget of the previous year.
When determining the value of the operating expense reserves and the budget of the year immediately preceding these expenses, the fiscal position, the participation of the municipalities in the current income of the nation, the municipalities, will be excluded. participations to the indigenous residents who for this purpose are considered as municipalities and the participation of the old tendencies and police stations in the sales tax.
TRANSIENT PARAGRAPH. The National Government, will reduce the budget for the next 4 years:
1. For the year 1996, the reduction shall be equivalent to 40% of the amount of the budget reserves constituted on the 1995 budget which exceeds 2% of the appropriations for the operation and 15% of the investment in the budget of the said budget. year.
2. For the year 1997, the reduction shall be equal to 60% of the amount of the budget reserves constituted on the 1996 budget which exceeds the indicated percentages of the budget of that year.
3. For the year 1998, the reduction shall be equivalent to 80% of the amount of the budget reserves constituted on the 1997 budget which exceeds the indicated percentages of that year's budget.
4. For the year 1999, the reduction shall be equal to 100% of the amount of the budget reserves constituted on the 1998 budget which exceeds the indicated percentages of that year's budget.
ARTICLE 10. The annual monthly cash program, PAC, financed by the Nation's resources corresponding to the currency, to the budget reserves and to the accounts payable must be approved by the Top Fiscal Policy Board, Confis.
The modifications to the PAC that will not vary the global amounts approved by the Confis will be approved by the Treasury Department's Directorate General of the Treasury and Public Credit.
The PAC and its modifications financed with own revenues from public establishments will be approved by the boards or boards of directors based on the overall payment targets set by the Confis.
The National Government shall establish the requirements, procedures and deadlines to be observed for the compliance of this Article.
ARTICLE 11. The public service companies in whose capital the Nation or its decentralized entities hold 90% or more will have for budgetary purposes the business regime. industrial and commercial state.
For the same purposes, the social enterprises of the State of the national order that constitute a special category of decentralized public entity, will be subject to the regime of the industrial and commercial enterprises of the State.
Neither will require any budgetary operation any substitutions of assets that are made in accordance with the law and do not mean any money.
Non-reimbursable assistance or international cooperation resources are part of the income budget of the General Budget of the Nation and will be incorporated into it as capital donations by government decree. certification of its collection issued by the receiving organ. Its execution shall be carried out in accordance with the provisions of the conventions or; international agreements that originate them and shall be subject to the supervision of the Comptroller General of the Republic.
The Ministry of Finance and Public Credit will report these operations to the Congressional Economic Commissions.
ARTICLE 14. Replace in Laws 38 of 1989 and 179 of 1994, the name of the National Budget of the Ministry of Finance and Public Credit for the Directorate General of the National Treasury of the Ministry of Finance and Public Credit when reference is made to the advisory in the elaboration, radication, modification and reduction of the annual program of cash, and by the Superior Council of Fiscal Policy, Confis, when reference is made to the suspension and limit to the annual program of cash.
ARTICLE 15. In municipalities with less than 20 thousand inhabitants, the total local counterparts required for the financing of the co-financing projects identified in the Decree of Liquidation, they will not be greater than 100% of the participation of the municipalities in the current income of the Nation that the Law 60 of 1993 assigns to the respective sector to which the type of project belongs.
The co-financing projects identified in the liquidation decree or in their distributions will be evaluated and approved directly by the co-financing bodies or by the regional mechanisms provided for in the co-financing system.
PARAGRAFO. The municipalities of the departments of Vichada, Guaviare, Vaupes, Amazonas, Guainia, San Andrés and Providencia and Putumayo, will co-finance 5% of the investment projects.
ARTICLE 16. The resources that according to the provisions of article 357 of the Constitution correspond to the Indigenous Respects for their participation in the current income of the Nation, will not make part of the income budget of the territorial entity in charge of its administration.
The fate of these resources will be solely and exclusively the one established in Law 60 of 1993 and its regulatory norms, under the penalty of the criminal actions to be taken. In any event, these resources will be subject to the surveillance of the respective territorial comptroller.
ARTICLE 17. The Government shall establish the dates, deadlines, stages, acts, instructions and procedures necessary to comply with this law.
ARTICLE 19. The co-financing projects identified in the clearance decree and their distributions for which the representative of the territorial entity does not present a project, approve the co-financing or refrain from signing the respective agreement, may be presented, co-financed and executed by the Community Action Boards or by other territorial bodies when they have jurisdiction.
ARTICLE 20. The National Government will present to the Senate and Chamber economic commissions each year, during the first week of April, the preliminary draft of the annual revenue and expenditure budget. He will present a definitive presentation from July 20 to the Congress.
ARTICLE 21. Include at the beginning of the second paragraph of article 21 of Law 179 of 1994, the following sentence: " From the financial surpluses, distributed by the Conpes to the Nation, the government will only be able to incorporate an amount that does not exceed 1% of the current budget. In other cases ... '
When the surplus destined for the Conpes to the Nation exceeds 1% of the current budget, its incorporation into the budget will be made by the law of the Republic.
ARTICLE 22. Article 11 of Law 38 of 1989, as amended by 3o. Article 55 of Law 179 of 1994 shall be as follows:
Universality. The budget shall contain all the public expenditure that is expected to be incurred during the respective fiscal year. Consequently, no authority may make public expenditure, fees charged to the Treasury or transfer any credit, which are not included in the budget.
ARTICLE 23. TRANSITIONAL. The Directorate General of the National Treasury will begin to perform the functions related to the Annual Monthly Program of Caja assigned in this Law from July 12, 1996; until this date those functions will continue to be carried out by the General Directorate of the Budget of the Ministry of Finance.
During the transition, the National Treasury Directorate General will be able to make a lower amount of money than that of the Annual Fund Program, PAC, with resources from the Nation.
ARTICLE 24. Authorize the National Government to compile the rules of this law, Law 38 of 1989 and Law 179 of 1994, without changing its wording or content, this compilation will be the Organic Statute Budget.
ARTICLE 25. To add to Articles 39 of Law 7a of 1979, its addition contained in Article 1. of Law 89 of 1988 and Article 30 of Law 119 of 1994: " The contributions of the number of the number 4. of these articles are parafiscal contributions. "
Subsidies in public service homes will be granted to persons with lower incomes, as provided for in Law 142 of 1994.
ARTICLE 27. Constituency special funds in the national order, the income defined in the law for the provision of a specific public service, as well as those belonging to funds without legal status created by the legislator.
ARTICLE 28. The mayors and the District and Municipal Councils, when drawing up and approving the budgets, respectively, will take into account that the appropriations for the operating expenses of the Comptroller In addition, the Commission will not be able to exceed those that were approved in the current budget, increased by a percentage equal to the expected consumer price index for the respective fiscal year.
ARTICLE 29. Programming, preparation, presentation, approval, modification and execution of the appropriations of the district and municipal offices shall be governed by the provisions contained in the organic rules of the budget of the Districts and Municipalities that are dictated in accordance with the Organic Law of the Budget or the latter in the absence of the first ones.
ARTICLE 31. Global debt quotas The National Government will be able to establish for various institutions of the State's national order a global debt quota, which will allow them to abolish these, some of them individual procedures before the National Department of Planning, Confis, Ministry of Finance and other competent bodies. The National Government is empowered to simplify the current procedure.
ARTICLE 32. By 31 December 1996 at the latest, the territorial entities shall adjust the rules on programming, drafting, approval, and execution of their budgets to the rules provided for in the law. organic budget.
ARTICLE 33. This law applies as of the date of its publication and repeals paragraph 5o. Article 23, points 3o. and 4. Article 32, Articles 39 and 62 of Law 179 of 1994, 78 of Law 38 of 1989 and its amendments contained in Article 55 18) of Law 179 of 1994.
Publish, communicate and comply.
Dada en Santafe de Bogota, D. C.
The President of the honorable Senate of the Republic,
JULIO CESAR GUERRA.
The Secretary General of the honorable Senate of the Republic,
PEDRO PUMAREJO VEGA.
The President of the honourable House of Representatives,
RODRIGO RIVERA SALAZAR
The Secretary General of the honourable House of Representatives,
DIEGO VIVAS TAFUR
Publish and execute.
Dada en Santafe de Bogota, D.C., at 20 December 1995.
ERNESTO SAMPER PIZANO
The Minister of Finance and Public Credit
GUILLERMO PERRY RUBIO