By Establishing Rules Aimed At Streamlining Public Spending Are Taught, Extraordinary Powers Are Granted And Other Provisions Are Issued

Original Language Title: Por la cual se dictan normas tendientes a la racionalizaci├│n del gasto p├║blico, se conceden unas facultades extraordinarias y se expiden otras disposiciones

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LAW 344 DE 1996

(December 27)

Official Journal No. 42,951 of 31 December 1996

For which rules are dictated to the rationalization of public expenditure, extraordinary powers are granted and other provisions are issued.

Vigency Notes Summary

THE CONGRESS OF COLOMBIA,

DECRETA:

ARTICLE 1o. By means of this Law, measures are taken to rationalize and reduce public spending, to guarantee its financing and to reallocate resources to sectors that are deficient in state activity. as a fundamental condition for maintaining financial equilibrium and ensuring compliance with the principles of economy, efficiency and speed in the use of public resources in accordance with the provisions of Article 209 of the Political Constitution.

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ARTICLE 2o. Reduce the resources of the Cofinancing Funds in an amount equal to 0.999% of the current income of the Nation for the year of 1997, with the participation of the municipalities in This income, to reach 18% ordered by article 24 of Law 60 of 1993. This Article shall not apply to the co-financing projects identified in the 1997 budget decree.

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ARTICLE 3o.

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ARTICLE 4o. Add the following paragraph to the article 3o. of Law 141 of 1994:

PARAGRAFO. Treating the secondary road network, the secondary roads connecting the Troncal Network and the Tertiary Network are considered to be the regional impact that connect municipalities of more than one department.

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ARTICLE 5o. Territorial entities shall have direct or, by means of procurement, technical assistance to monitor the implementation of projects with the own resources of the Fund. National of Royalties.

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ARTICLE 6o. Section 1o. Article 3o. of Law 141 of 1994 will be thus:

In order for an eligible regional investment project to be submitted by local or regional authorities, individually, jointly or in partnership or through the Regional Economic Planning Councils, and Social, Corpes or the entities that do their times, for the concept of the corresponding ministry, which must be issued within the following month, and its presentation to the National Commission of Royalties, according to the regulations issued by the Government.

These projects should be defined as priorities in the corresponding Territorial Development Plan and be accompanied by the Feasibility Studies or Preinvestment, according to the case that includes the Social, Economic and Environmental Impact.

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ARTICLE 7o. The number 4o. Article 9o. of Law 141 of 1994 will remain so:

The Minister of Transport, who will be able to delegate his participation to the Deputy Minister.

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ARTICLE 8o. Modify the first paragraph of article 75 of Law 181 of 1995 which will remain so:

PARAGRAFO 1o. The value added tax resources, VAT, as referred to in this article, will be distributed as follows:

1. 40% for the Colombian Institute for Youth and Sport, Colsports.

2. 20% for Departmental and District sports entities.

3. 40% for municipal sports entities.

PARAGRAFO. The value added tax resources, VAT, referred to in this article, will include sports programs for individuals with physical, psychological and sensory limitations.

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ARTICLE 9o. The resources from the value added tax, VAT; what is dealt with in Article 75 of Law 181 of 1995, may be applied, with the same charge investment programs, for the liquidation of the current Sectional and Municipal Administrative Boards of Sport as well as the compensation of their public servants, in the development of the href="ley_0181_1995_pr001.html#65"> 65, 68 , and 86 of that law.

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ARTICLE 10. When Higher Education Institutions that receive contributions from the General Budget of the Nation believe, develop or reorganize academic programs that involve higher management fees. to the National Treasury, they will have to obtain the respective certificate of budgetary viability issued by the General Directorate of the National Budget of the Ministry of Finance and Public Credit.

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ARTICLE 11. The territorial entities will develop and execute annually a plan of rationalization of the human resources of the state educational service that they serve with own resources of the fiscal position. In the preparation of this plan, two members will be elected by the corresponding Board of Education, which deals with Law 115 of 1994.

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PARAGRAFO. .

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PARAGRAFO. The first of the rationalization plans that are ordered in this article will be formulated for the tax term following the issue of this Law and, for one time, the appointing authority will be able to carry out, previous concept and approval of the Board of Education concerned, the transfers resulting from the reorganization established in that plan.

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ARTICLE 12. The National Export to the Pensional Solidarity Fund, as well as the financial returns it has accumulated as of December 31, 1996, may be used for the aid program for the elderly. indigent that they are dealing with article 257 and the first paragraph and paragraph of article 258 of Law 100 of 1993.

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ARTICLE 13. Without prejudice to conventional rights, and the provisions of Law 91 of 1989, as of the publication of this Law, persons who bind to the Organs and Entities of the State they shall have the following cessation regime:

(a) The final settlement of cesantias by the annuity or the corresponding fraction shall be made on 31 December of each year, without prejudice to the one to be effected at a different date by the termination of the employment relationship;

(b) The other legal rules in force on cesanties, corresponding to the body or entity to which they are linked which are not contrary to the provisions of the literal (a) of this Article, shall apply to them.

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PARAGRAFO. The regime of cesanties contained in this article does not apply to the uniformed personnel of the Military Forces and the National Police.

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ARTICLE 14. Partial cestions or advances of public servants ' cease-and-downs can only recognize, liquidate, and be paid where there is budget appropriation available for this purpose, without prejudice to the inclusion of legal appropriations for these purposes in the annual public budgets and to reduce the lag between the amount of applications and the recognition and payments, where they exist. In this case, the lag shall be reduced by at least 10% per year, to be eliminated.

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ARTICLE 15.

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ARTICLE 16. 32 of Law 1607 of 2012. The new text is as follows: > From the total resources corresponding to the payroll contributions of the article 30 of Law 119 of 1994, the National Learning Service (SENA) will allocate 20% of these resources. revenue for the development of competitiveness programmes and productive technological development. The SENA will directly execute these programs through its professional training centers, or it will be able to carry out agreements in those cases where the participation of other entities or centers of technological development is required.

PARAGRAFO 1o. The Director of the Sena will be part of the National Science and Technology Council and the Director of Colciencias will be part of the SENA Board of Directors.

PARAGRAFO 2o. The percentage allocated for the development of competitiveness programs and productive technological development in this article cannot be financed with resources from the tax on the Income for Equity (CREE).

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ARTICLE 17. For the purposes of Article 128 of the Substantive Labor Code, as amended by Article 15 of Law 50 of 1990, it is understood that agreements between employers and workers on payments that do not constitute wages and payments for transportation aid do not form part of the base to liquidate contributions to the National Learning Service, SENA, Institute Colombian Family Welfare, ICBF, Superior School of Public Administration, ESAP, Family allowance scheme and social security contributions established by Law 100 of 1993.

The Public Entities that come directly and by collective agreement to pay for the family allowance, will be able to continue to do so, without it being mandatory to do so through a Family Compensation Fund.

In the terms of this article it is understood to be fulfilled by the Public Entities mentioned here the obligation provided for in article 15 of Law 21 of 1982.

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ARTICLE 18. The public servants who are responsible, for the temporary absence of the holder, to take on jobs other than those for whom they have been appointed, shall not be entitled to the payment of the (a) the remuneration indicated for the temporary employment, while the holder of the remuneration is taking it.

No territorial entity or agency of the State may provisionally commission any public servant to occupy positions of greater hierarchy without the corresponding budgetary availability. The official who contravenes the provisions of this paragraph will incur disciplinary misconduct and will be liable civilly for the effects of this.

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ARTICLE 19. Without prejudice to Laws 91 of 1989, 60 of 1993 and 115 of 1994, the public servant who acquires the The right to benefit from your old age or retirement pension may be eligible for such benefit or continue to be linked to the service until the age of the forced retirement is met. University teachers will be able to do so for up to ten years. The pension allowance shall be paid only after the completion of its services in those institutions.

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ARTICLE 20. Health Local, District, and Local Directorates will be up to 1o. June 1997 to present to the Ministry of Health the plan for the expansion of coverage, improvement of the quality, management and decentralization of the treatment of articles 13 and 14 of Law 60 of 1993, as well as the transformation of its financing from the subsidy system to the demand subsidy, indicating the criteria, the operational mechanisms and the monitoring scheme and control of the conversion process.

In any case, within the conversion plan, it must be established that of the resources of the fiscal position, discounting the resources destined to the financing of the Basic Care Plan, PAB, and the payment of the employer's contributions for Pensions established in Law 60 of 1993, must be devoted to demand subsidies at least a percentage equal to 15% for the duration of 1997; to 25% in 1998; to 35% in 1999 and to 60% from the year 2000.

113 of Law 715 of 2001 >.

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113 of Law 715 of 2001 >.

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The subsidies provided for in the General System of Social Security in Health, as referred to in Law 100 of 1993, will be granted up to the amount of the existing budgetary resources, according to the replacement of established resources. in this Article and the other income provided for in the law for these purposes.

PARAGRAFO 1o. Territorial entities that do not submit within the deadline set in this article the subsidy conversion plan or do not comply with the commitments stipulated therein will not receive contributions from the Solidarity and Guarantee in Health, Fosyga; they will not be eligible for co-financing with the Social Investment Fund, FIS; they will not be able to receive resources from the national programs of operation or investment carried out by the Ministry of Health, nor their credits may be guaranteed by the Nation. Where an official contravene this provision, he shall be responsible in a disciplinary and disciplinary manner, in accordance with the relevant rules.

PARAGRAFO 2o. The Ministry of Health shall refrain from issuing a favourable technical concept to rotate the fiscal position where the decentralised Health Directorates do not comply with the minimum processing This Article shall be as laid down in this Article and shall be transferred to the competent authority. Similarly, it will refrain from approving the budgets of the institutions that provide health services for non-decentralized entities.

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ARTICLE 21. Pursuant to the article 5o. and the second paragraph of article 123 of Decree 111 of 1996 (article 69 of Law 179 of 1994), the budgetary programming of the institutions providing health services and the social enterprises of the State of the national or territorial order will be carried out by projecting the resources that are expected to be collected by the value of the services produced, at the rates determined by the National Government.

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PARAGRAFO 1o. Once the National Government's authorized wage increase for the 1997 fiscal year, operating expenses and in particular, the costs of the personnel plants of the public institutions providing health services and social enterprises of the State, may be increased only taking into account the increase in the sale of the services, in accordance with the provisions of this Article.

PARAGRAFO 2o. When in the public institutions of health services and in the social enterprises of the State, expenses are created in excess of the existing appropriations or based on revenue calculated without addressing the requirements of this Article and, for that reason, the entity's budget is loss-making, the legal representative and the head of budget, as well as officials who approve these expenses, will be responsible for disciplinary action and fiscally up to an amount equal to the amount of the generated deficit.

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ARTICLE 22. The territorial entities must adopt the necessary mechanisms to guarantee the free competition in the affiliation to the Social Security System in Health and in the provision of the services of subsidized health. The National Health Superintendence shall adopt the measures for compliance with the provisions of this Article.

PARAGRAFO. The ARS (Subsidized Regime Administrators) will hire at least 40% of their resources with official IPS.

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ARTICLE 23. To ensure that the principles of solidarity and equity of the General System of Social Security in Health are complied with, the National Government will regulate the necessary mechanisms for control and sanction evasion of the General System of Social Security in Health.

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ARTICLE 24. Create the Environmental Compensation Fund as an account of the Nation, without legal status, attached to the Ministry of the Environment.

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The Fund will have 20 percent of the resources received by the Regional Autonomous Corporations, with the exception of those for Sustainable Development, for the electricity sector transfers, and 10 percent for the other income, with the exception of the environmental percentage of the property charges levied by them and those which have the origin of inter-administrative contractual relations.

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The resources of this fund will be allocated to the financing of the operating budget, investment and debt service of the Regional Autonomous Corporations and Sustainable Development and will be distributed annually by the Government. National in the decree of liquidation of the General Budget of the Nation.

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The resources to be collected from the Fund will be transferred by the Ministry of the Environment in accordance with the distribution that a committee chaired by the Minister or Deputy Minister of the Environment will make of:

-2 representatives of the Ministry of Environment, including the Minister or his delegate.

-1 representative of the Environmental Policy Unit of the National Planning Department.

-1 representative of the Regional Autonomous Corporations.

-1 representative of Sustainable Development Corporations.

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The Committee will meet at the invitation of the Environment Minister.

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ARTICLE 25. The Autonomous Regional and Sustainable Development Corporations will finance their financing, investment and debt service expenses with the own resources assigned to them by the href="ley_0099_1993_pr001.html#46"> 99 1993.

The National Government will make contributions from the national budget to the Regional Autonomous Corporations and Sustainable Development when their own income from the contributions they receive from the Compensation Fund is insufficient.

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ARTICLE 26. The National Royalty Fund will be able to finance the operational expenses of environmental protection investment projects implemented by the Autonomous Regional and Development Corporations. Sustainable.

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ARTICLE 27. The personnel plants of the Ministry of the Environment and IDEAM will be rationalized based on a study that will be carried out on the structure and minimum plant needed for compliance with the their functions.

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ARTICLE 28. 96 of Law 633 of 2000. The new text is as follows: > Environmental authorities will charge the assessment services and the environmental license monitoring services, permits, concessions, authorizations and other environmental control and management instruments established in law and regulations.

The costs for charging the services that are charged by the Ministry of the Environment will enter into a special sub-account of the Fonam and will be used to cover the costs of evaluation and monitoring. the Ministry for the provision of these services.

Pursuant to article 338 of the National Constitution for the fixing of the rates authorized in this article, the Ministry of the Environment and the environmental authorities apply the system described below. The rate will include:

a) The total value of the fees of the professionals required to perform the proposed task;

(b) The total value of the travel expenses and travel expenses of the professionals involved in the study, the issue, the monitoring and/or the monitoring of the environmental license, permits, concessions or authorizations and other control instruments and environmental management established in law and regulations;

c) The total value of laboratory analysis or other studies and technical designs that are required for both assessment and monitoring.

The environmental authorities will apply the following calculation method: For literal a) the number of professionals/month or contractors/month shall be estimated and the contract salary categories and rates of the Ministry of Transport and for the case of international contractors, the tariff scales for consultancy contracts of the World Bank or the UNDP; for the literal b) on an estimate of visits to the area of the project will be calculated the amount of the necessary travel expenses, valued according to the rates of public transport and the scale of the ministry's viatics of the Environment; for literal c) the cost of laboratory analysis or other technical works will be incorporated in each case, according to the specific quotes. The sum of these three costs (a), (b), and (c) shall be applied to a percentage which shall be fixed annually by the Ministry of the Environment for administrative expenditure.

The fees charged for the provision of assessment services and environmental monitoring services, as the case may be, may not exceed the following ceilings:

1. Those who have a value of two-thousand-one-fifths (2,115) current minimum wages in force will have a maximum zero-point rate of six percent (0.6%).

2. Those who have a value of more than two thousand and fifteen (2,115) minimum monthly salaries in force and less than eight thousand four hundred and fifty-eight (8,458) current minimum wages will have a maximum zero-point rate five percent (0.5%).

3. Those who have a value of more than eight thousand four hundred and fifty-eight (8,458) minimum monthly salaries in force, will have a maximum zero point rate of four percent (0.4%).

Environmental authorities shall provide the environmental assessment and monitoring services referred to in this Article through their officials or contractors.

The revenue from import and export permits for non-Cites species of wild fauna and flora, those established in the International Convention on Trade in Endangered Species of Wild Fauna and Flora, those of The production and distribution of species marking systems of biodiversity and the revenue collected by ecotourism will be paid to the National Environmental Fund, Fonam.

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ARTICLE 29. The Finance Minister will be able to recognize the judgments and judicial reconciliations as public debt. When it is recognized, it can be replaced and attended, if it has the acceptance of the beneficiary, by issuing bonds in the market conditions that the government establishes and in the terms of the Organic Statute of the budget.

When, as a consequence of a judicial decision, the Nation or one of the organs that is a section of the general budget of the Nation is obliged to cancel a sum of money, before proceeding to its payment, it will ask the National tax authorities shall make an inspection of the beneficiary of the judicial decision, and in the event of an obligation to pay in favor of the National Public Treasury, the obligations due to those contained in the rulings shall be compensated without operation budget.

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ARTICLE 30. Revestir the President of the Republic of extraordinary powers for the term of 6 months, counted from the date of publication of this law, to delete or merge, consulting the opinion of the Committee on the Rationalization of Public Expenditure, dependencies, organs and entities of the executive branch of the national order who carry out the same functions or who treat the same matters or who perform their functions inefficiently, with the purpose of streamlining and reducing public expenditure. Likewise, it will have the power to separate the Special Administrative Unit from National Customs and Taxation, DIAN.

PARAGRAFO 1o. The exercise of the powers conferred in this article does not include the organs, dependencies or entities to which the Constitution recognizes a regime of autonomy.

PARAGRAFO 2o. For the exercise of these powers, the Government will request the respective Senate and House Committees ' Directives, the designation of three senators and three representatives to advise on the matter. own theme according to the functions of each of them.

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ARTICLE 31. The National Government will reduce the budget for the next few years:

For the year of 1997, the reduction will be equivalent to 60% of the amount of the budget reserves and the accounts payable on the 1996 budget that exceed 2% of the operating appropriations and 15% of the investment in the budget of that year.

For the year of 1998, the reduction will be equivalent to 80% of the amount of the budget reserves and the accounts payable on the 1997 budget that exceed the indicated percentages of that year's budget.

For the year of 1999 and the following year, the reduction will be equal to 100% of the amount of the budget reserves and the accounts payable on the budget of the year immediately preceding, which exceed the percentages indicated.

This Article shall not apply to the co-financing projects identified in the Decree on the Settlement of the Budget or to the territorial transfers covered by Law 60 of 1993.

This article also shall not apply to items that will contribute to the attention and relief of the coffee debt, in compliance with the third subparagraph, number two of the article 14 and the article 273 of Act 223 of 1995 and resources destined for the PLANTE.

PARAGRAFO. The National Government will make cuts in public spending for which it is empowered, according to the macroeconomic goals agreed with the Board of the Bank of the Republic, taking into account its effects on productive activity, social investment, employment and the exchange rate.

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ARTICLE 32. The resources allocated to the PLANTE Alternative Development Program will be implemented in accordance with the regulations issued by the National Government. The feasibility and approval of investment projects will be the sole responsibility of the PLANTE Programme Directorate.

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ARTICLE 33. The financial returns and surpluses generated by the housing allowance of rural and urban social interest that run the Agrarian Fund and the National Institute of Housing of Social Interest and Urban Reform, INURBE, will be applied to similar projects declared eligible by the respective institution, according to the order of the case.

The same procedure applies to subsidies that are defeated and not charged by the applicants or beneficiaries.

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ARTICLE 34.

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ARTICLE 35. The National Calamity Fund, created by Article 1. Decree 1547 of 1984 and amended by Article 70 of Decree 919 of 1989, will function as a special account of the Fiduciary Company La Previsora S.A., Industrial and Commercial Company of the State, linked to the Ministry of Finance and Credit Public.

The budget contributions and the donations you receive will be maintained in that account as a special reserve until they meet the purposes set by the law. This Fund, with the approval of the Advisory Board of the National Calamity Fund, will be able to meet operational expenses of the National Directorate for Disaster Care and Prevention.

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ARTICLE 36. The resources that come from the Registration and Annotation Tax and whose destination is specific to the health sector, in compliance with the provisions of Law 223 of 1995, the same as the from national co-financing funds to territorial entities, will be handled in special accounts and under no circumstances will they be able to form part of the common funds.

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ARTICLE 37. 15% of the Nation's current income resources, which were rotated by the Nation to municipal territorial entities for the duration of 1996 and which were not implemented According to Article 214 of the Law 100 of 1993, contracts for the administration of the Subsidized Regime must be rotated to the different hospitals of the territorial entity, prior to the services of persons linked to the System and who lack Social Security in Health.

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ARTICLE 38. The guarantees granted by the Nation to the payment obligations of other state entities will be counted in a separate quota, the amount of which is initially set in the sum of four thousand. Five hundred million dollars (US$4,500,000,000) for both internal and external operations.

For the use of the quota of guarantees, the authorization of the Ministry of Finance and Public Credit will be required, prior to the CONPES and the Public Credit Commission.

This quota will initially be affected by the guarantees granted by the nation under the debt quota of Law 185 of 1995. The amounts released due to the application of this law will increase the amount of credit in the same amount.

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ARTICLE 39. The VAT and nationalization expenses incurred by the implementing hydroelectric projects in which the Nation has a participation of more than 90% will be financed with contributions. of the National Budget or through capitalisations of the Nation.

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ARTICLE 40. 10% of the net product of the disposal of the participation, not equity or convertible bonds in shares, of the decentralized entities of the national order, with the exception of that in the financial institutions, shall be invested, by the government, in the execution of regional development projects in the same territorial entity in which the principal activity of the company whose holdings are located is located.

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ARTICLE 41.

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ARTICLE 42. The Corporation for Sustainable Development of the Sierra Nevada de Santa Marta, whose competencies will be assumed by the Regional Autonomous Corporations of Cesar, La Guajira and the Magdalena according to the jurisdictions on the Sierra Nevada de Santa Marta that corresponds to the municipalities that are part of the respective corporations.

As a mechanism for institutional coordination of the Sustainable Development Plan of the Sierra Nevada de Santa Marta, create the Regional Environmental Council of the Sierra Nevada de Santa Marta and the Environmental Fund for Sustainable Development for the Sierra Nevada de Santa Marta, whose conformation and functions will be defined by the National Government within six months of the validity of this Law.

PARAGRAFO 1o. 276 of Law 1450 of 2011 >

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PARAGRAFO 2o. 276 of Law 1450 of 2011 >

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PARAGRAFO 3o. 276 of Law 1450 of 2011 >

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ARTICLE 43. Add the paragraph of article 5o. of Law 141 of 1994, as follows:

17. Zero point five percent (0.5%) to the municipalities of Chimichagua, Chiriguana, Curumani and Tamalameque (Cesar), for equal parts for the conservation, preservation and decontamination of the Cienaga de Zapatoza.

Consequently, the percentage referred to in that paragraph shall be 13,125%.

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ARTICLE 44. This Act governs as of the date of its publication and modifies the relevant Act 60 of 1993, Law 181 of 1995 and Act 99 of 1993; repeals literal b) and paragraph of article 27 and paragraph 2o. Article 221 and the contribution of the General Budget of the Nation referred to in paragraph 2. Article 258 of Law 100 of 1993.

Publish, communicate and comply.

Dada en Santa Fe de Bogota, D.C.

The President of the Honorable Senate of the Republic,

LUIS FERNANDO LONDONO CAPURRO.

The Secretary General of the Honorable Senate of the Republic,

PEDRO PUMAREJO VEGA.

The President of the Honorable House of Representatives,

GIOVANNI LAMBOGLIA MAZZILLI.

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., at 27 December 1996.

ERNESTO SAMPER PIZANO.

The Minister of Finance and Public Credit,

JOSE ANTONIO OCAMPO GAVIRIA

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