Act 298 1996

Original Language Title: LEY 298 de 1996

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1996 ACT 298

(July 23)

Official Journal No. 42,840, July 25, 1996

For which article 354 of the Political Constitution is developed, the General Accounting Office of the Nation is created as a Special Administrative Unit attached to the Ministry of Education. of Finance and Public Credit, and other provisions on the matter are dictated.

COLOMBIA CONGRESS

DECRETA:

CHAPTER I.

ORGANIZATION AND FUNCTIONS

ARTICLE 1o. GENERAL ACCOUNTING OF THE NATION. In charge of the General Accountant of the Nation, create the General Accounting Office of the Nation as a Special Administrative Unit, attached to the Ministry of Finance and Public Credit, with legal personality, budgetary autonomy, technical, (a) administrative and special arrangements for the administration of personnel, nomenclature, classification of salaries and benefits.

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ARTICLE 2o. FROM THE GENERAL ACCOUNTANT OF THE NATION. The General Accountant of the Nation shall be appointed by the President of the Republic and shall meet the following requirements:

a) Being Colombian birth and citizen is exercise;

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b) Being a Public Accountant, with an existing professional card;

(c) Not having been convicted of a judicial sentence for the custodial sentence of liberty, except for political or culpous crimes;

d) Haber exercised with good credit the profession of public accountant, for ten (10) years, or university professorship at the same time, in officially recognized establishments.

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ARTICLE 3o. FUNCTIONS OF THE GENERAL ACCOUNTANT OF THE NATION. The General Counter of the Nation has the following functions:

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(a) Uniform, centralize and consolidate public accounting, draw up the balance sheet and determine the accounting standards to be applied in the country;

b) To carry out the General Accounting of the Nation, for which it will issue the norms of recognition, valuation and disclosure of the information of the national central sector agencies;

c) Consolidate the General Accounting of the Nation with that of its decentralized entities territorially or for services whatever the order they belong to, for which it will fix the norms, criteria and procedures to be adopted the governors, mayors and other officials responsible for the management of these entities in order to advance the respective phase of the consolidation process, as well as for the production of the consolidated information to be sent to the General Accounting Office of the Nation;

[d] To elaborate the General Balance, submit it to the audit of the Comptroller General of the Republic and submit it to the Congress of the Republic, through the Legal Committee of the Accounts of the House of Representatives, within the time limit set by the the Political Constitution;

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e) Set the objectives and characteristics of the National Public Accounting System, referred to in this law;

f) Imparting general instructions on aspects related to public accounting;

g) Exorder the administrative acts that correspond to it, as well as the regulations, manuals and instructions that are necessary for the proper functioning of the General Accounting Office of the Nation;

h) Subscribe to the contracts, and order the expenses and payments required by the General Accounting Office, in accordance with the law;

i) Deciding replenishment resources and requests for direct recall against acts you issue;

j) Exercise the legal representation of the General Accounting Office, for all legal purposes;

k) Design, implement and establish internal control policies, in accordance with the law;

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l) Reassign and distribute competencies among the different dependencies for the best performance of the functions of the General Accounting Office of the Nation;

m) Deciding on the national and international activities in which the General Accounting Office of the Nation is required to participate;

n) Appoint, remove and move the officials of the General Accounting Office, in accordance with the legal provisions;

or) The others who assign the law to you.

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ARTICLE 4. FUNCTIONS OF THE GENERAL ACCOUNTING OFFICE OF THE NATION. The General Accounting Office of the Nation will develop the following functions:

a) Determine accounting policies, principles, and standards, which should govern in the country for the entire public sector;

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b) Establish general and specific technical, substantive and procedural technical standards, which will allow the unifying, centralization and consolidation of publicaccounting;

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c) To carry out the General Accounting of the Nation, for which it will issue the norms of recognition, registration and disclosure of the information of the national central sector agencies;

d) Conceptuar on the system of classification of income and expenditures of the General Budget of the Nation, to guarantee its correspondence with the General Plan of Public Accounting. In relation to the Integrated Financial Reporting System (SIIF), the Ministry of Finance and Public Credit will guarantee the development of the applications and the access and use of the information required by the National Accountant for the compliance with their functions;

e) Point out and define the financial statements and reports to be developed and presented by the and bodies of the public sector,a whole, with its annexes and explanatory notes, establishing the periodicity, structure and characteristics to be met;

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f) To elaborate the General Balance, submit it to the audit of the Comptroller General of the Republic and submit it to the Congress of the Republic, for its knowledge and analysis through the Legal Commission of Accounts of the Chamber of Representatives, within the timeframe provided for by the Political Constitution;

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g) Establish the accounting books to be carried by public sector entities and agencies, the documents that must be legally, technically, financially and contably supported by the operations performed and the requirements that they must comply;

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(h) Exorder the rules for the accounting of the contingent obligations of third parties that are assumed by the , in accordance with the probable risk known to the Nation, regardless of the class or modality of such obligations, without prejudice to the right to maintain, in the same way, the legal situation in force between the parties at the time of taking them;

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i) Issue concepts and acquitting queries related to the interpretation and application of the rules issued by the General Accounting Office of the Nation;

j) The General Accounting Office of the Nation, shall be the doctrinal authority in matters of interpretation of the accounting rules and on the other subjects that are the object of its normative function;

k) Exorder the rules for the accounting of goods apprehended, seized or abandoned, which entities or bodies have in their custody, as well as for the discharge of bad rights, lost assets and other assets, without prejudice the legal actions to be taken;

l) Imparting the rules and procedures for the elaboration, recording, and consolidation of the overall inventory of the State's assets;

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m) Exorder the availability certificates of financial resources or surpluses, based on information provided in the financial statements of the Nation, entities or agencies, as well as any other information that may result from the same;

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n) Produce reports on the financial and economic situation of entities or bodies subject to their jurisdiction;

o) Advance studies and research that are deemed necessary for the development of accounting science;

p) Conduct economic-financial studies, through applied accounting, for different economic sectors;

q) Exercise inspections on compliance with the rules issued by the General Accounting Office of the Nation;

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r) Coordinate with those responsible for the internal and external control of the entities mentioned in the law, the compliance with the accounting provisions;

s) Determine the public entities and the servers of the same responsible for producing, consolidating and sending the information required by the General Accounting Office of the Nation;

t) Impose to the entities referred to in this law, to their directors and other officials, prior to the explanations in accordance with the applicable procedure, the measures or sanctions that are relevant, for violation of the rules issued by the General Accounting Office of the Nation;

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u) The others who assign the law to you.

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ARTICLE 5o. ACCOUNTING OFFICES. To ensure the proper accounting record of all public sector operations, within six (6) months of the enactment of this law, the competent authorities shall restructure the financial and accounting systems currently in place with the aim of assuming the role of accounting in each of the entities or bodies that make up the public administration.

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ARTICLE 6o. National Government will develop the administrative structure of the General Accounting Office, which will have a basic organization composed of the following positions and dependencies:

1. Accountant General of the Nation.

2. Sub-counters.

3. General Secretariat.

4. Advisory Offices.

5. Divisions.

6. Sections.

7. Groups.

CHAPTER II.

SPECIAL DEFINITIONS

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ARTICLE 7o. NATIONAL PUBLIC ACCOUNTING SYSTEM. The National System of Public Accounting is the set of policies, principles, standards and technical procedures of accounting, logically structured, that when interacting with the operations, resources and activities developed by the public authorities, generate the necessary information for the decision-making and the internal and external control of the public administration.

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ARTICLE 8o. INTEGRATED FINANCIAL REPORTING SYSTEM. The Integrated Financial Reporting System-SIIF-is an integrated set of automated, accounting-based processes that enables the production of information for public financial management.

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ARTICLE 9o. GENERAL ACCOUNTING OF THE NATION. For the purposes of this law, the General Accounting of the Nation includes the organs that make up the Public Power Ramas at the national level, that of the autonomous and independent state entities or bodies, the bodies created by the National Constitution or by law, which have special arrangements, attached to any branch of the Public Power, that of natural or legal persons and of any other type of organization or society, which handle or The administration of the nation's resources is related to these resources.

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ARTICLE 10. PUBLIC ACCOUNTING. For the purposes of this law, public accounting includes, in addition to the General Accounting of the Nation, that of decentralized entities or agencies, territorially or for services, whatever the order to which they belong and that of any other entity that manages or manages public resources and only in relation to them.

CHAPTER III.

OTHER PROVISIONS

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ARTICLE 11. Public entities or bodies that are currently subject to accounting standards issued by bodies carrying out inspection, surveillance and control functions shall be subject to apply the policies, rules and accounting principles determined by the General Accounting Office of the Nation, in the terms and conditions it establishes.

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ARTICLE 12. The General Accountant of the Nation or its delegate, shall be a member of the Central Board of Accountants, which deals with the second title of Law 43 of 1990.

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ARTICLE 13. BUDGET APPROPRIATIONS. The National Government in the annual expenditure budget will make appropriate appropriations and transfers in such a way as to guarantee the proper functioning of the General Accounting Office.

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ARTICLE 14. INTERNAL ORGANIZATION. The President of the Republic shall issue the rules corresponding to the internal organization of the General Accounting Office of the Nation, create the other dependencies and charges necessary for its operation, determine the specific functions and shall determine the remuneration of the positions assigned to it, within three (3) months following the enactment of this law.

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ARTICLE 15. TRANSITIONAL ORGANIC STRUCTURE. While the new structure is established, the positions and functions established for the Directorate General of Public Accounting, through Decrees 085 and 086 of 10 January 1995, will continue in force.

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ARTICLE 16. TEMPORARY VALIDITY. The rules of public accounting that were issued by the competent bodies, will continue in force until the General Accountant of the Nation, in exercise of its constitutional and legal powers, determine the policies, principles and rules of Public Accounting.

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ARTICLE 17. VALIDITY AND REPEAL. This Law governs from its publication and repeals any other rules that are contrary to it.

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 honorable House of Representatives,

RODRIGO RIVERA SALAZAR.

The Secretary General of the honorable House of Representatives,

DIEGO VIVAS TAFUR.

COLOMBIA-NATIONAL GOVERNMENT

Publish and execute.

Dada en Santa Fe de Bogota, D.C., a 23 de july de 1996.

ERNESTO SAMPER PIZANO

The Minister of Finance and Public Credit,

JOSE ANTONIO OCAMPO GAVIRIA.

The Director of the Administrative Department of the Civil Service,

EDGAR ALFONSO GONZALEZ ROOMS

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