Why Some Changes Are Made To The General National Budget For Fiscal Year 2004 And Other Provisions Are Issued

Original Language Title: Por la cual se efectúan unas modificaciones al Presupuesto General de la Nación para la vigencia fiscal de 2004 y se dictan otras disposiciones

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LAW 917 2004
(December 3) Official Journal
45,751 of December 3, 2004
Whereby some modifications are made to the General National Budget for fiscal year 2004 and other provisions Summary

Term Notes

THE CONGRESS OF COLOMBIA DECREES:
ARTICLE 1o. BUDGET OF INCOME AND CAPITAL RESOURCES. Adding computations Revenue Budget and Capital Resources General National Budget for fiscal year 2004, the net sum of three billion six hundred and forty thousand two hundred forty-five million nine hundred and seven thousand two hundred twenty-four pesos ($ 3,640,245,907. 224) legal currency, as follows:
Article 2.
. Adiciónese the Expenditure Budget for fiscal year 2004 in the sum of three billion six hundred and forty thousand two hundred forty-five million nine hundred and seven thousand two hundred twenty-four pesos ($ 3.640.245.907.224) legal currency, as follows:

ARTICLE 3. Contracredítese the General National Budget for fiscal year 2004, in the sum of one trillion six hundred and three thousand and twenty-four million seven hundred sixty-one thousand three hundred ninety-one pesos legal currency ($ 1.603.024.761.391), as follows:

ARTICLE 4. Based on the resources in the preceding article, open up the following appropriations in the General National Budget for fiscal year 2004, in the sum of one trillion six hundred and three thousand and twenty-four million seven hundred sixty-one thousand three hundred ninety and one pesos legal currency ($ 1.603.024.761.391), as follows:

The 5th ITEM. Article 33 of Law 848 of 2003 will read:
No body may enter into commitments involving the payment of fees to international organizations under the General Budget of the Nation, without there being a law approving public treaties or the President of the Republic has authorized its provisional application under the terms of Article 224 of the Constitution.
After satisfying the requirements of the preceding paragraph, prior authorization from the Ministry of Foreign Affairs, public institutions at the national level can only pay from their own resources contributions to these bodies.
The contributions and contributions of the Republic of Colombia to the International Financial Institutions will be paid from the General Budget of the Nation, except in those cases in which contributions are counted as international reserves, which will be paid in accordance with expected Law 31 of 1992 or those that modify or add.

ARTICLE 6o. Replace the Revenue Budget and Capital Resources of the Nation the sum of three hundred twenty-four thousand four hundred twenty-three million pesos ($ 324.423 billion) legal currency customs tax and estate tax surcharge.
Replace the Revenue Budget and Capital Resources of the Nation the sum of five hundred seventy-six thousand three hundred thirty-seven million pesos ($ 576.337 billion) legal currency of Value Added Tax, VAT, and tax on financial transactions and estate tax.
Replace the Revenue Budget and Capital Resources of the Nation the sum of fifty-four thousand two hundred ninety-five million pesos ($ 54.295 billion) legal currency of tax on gasoline and ACPM national stamp tax.
Hereby replaced in the Revenue Budget and Capital Resources of the Nation the sum of seventy-one million pesos ($ 71 million) legal currency of stamp duty on departure abroad for estate tax.
Replace the Revenue Budget and Capital Resources of the Nation the sum of three hundred billion pesos ($ 300 billion) legal currency of disposal of assets by financial surpluses of the decentralized entities.
Replace the Revenue Budget and Capital Resources of the Nation the sum of one hundred forty-five thousand two hundred eighty-eight million two hundred eleven thousand seven hundred seventy-nine pesos ($ 145,288,211,779) legal currency of external credit resources financial surpluses of the decentralized entities and domestic credit resources.
Replace the Revenue Budget and Capital Resources of the Nation the sum of a billion nine hundred and twenty thousand one hundred eighty-six million one hundred and two thousand nine hundred and one pesos ($ 1.920.18 6102901) legal currency of other capital resources by domestic credit resources.

Replace the Revenue Budget and Capital Resources of the Nation the sum of one hundred forty-four thousand four hundred twelve hundred fourteen billion four hundred fourteen pesos ($ 144,412,114,414) legal currency withdrawals and other resources not appropriate for resources domestic credit.
Replace the Revenue Budget and Capital Resources of the Nation the sum of one hundred ninety-five thousand two hundred eighty-nine million four hundred thirty-eight thousand five hundred and three pesos ($ 195,289,438,503) legal currency portfolio for resource recovery domestic credit.
Replace the Revenue Budget and Capital Resources of the Nation the sum of forty-one thousand and ninety-three million pesos ($ 41.093 billion) legal currency of other capital resources for estate tax.
Replace the Revenue Budget and Capital Resources of the Nation the sum of three thousand seven hundred and sixty and six hundred seventy-eight billion and four thousand nine hundred eighty-one pesos ($ 3,768,674,981) legal currency of current income by resources external credit.
The Ministry of Finance and Public Credit -Direction General Public Budget Nacional- in use of the authority granted by Decree 568 of 1996 make corrections to resources and their corresponding codes, which are informative.

ARTICLE 7. The national government in the settlement decree which exclude transfers counterclaims are committed at the time of sanctioning this law.

Article 8. The National Government under the appropriations of this fiscal year, may grant loans, which may be forgivable, the Institute of Social Insurance and Social Enterprises of the State created by Decree 1750 of 2003, in order to support its restructuring and operating. Each of these entities must sign performance agreements with the Ministry of Finance and Public Credit where requirements to be met for remission of established credit.
The financial conditions will be established by the Directorate General of Public Credit and National Treasury. Entities that this article refers to only grant guarantees in favor of the Nation, within 60 days of being notified that the annual fee has not been condoned.

Article 9. Article 58 of Law 848 of 2003 will read: The road projects of secondary or tertiary and urban networks, and airports that are not in charge of the Nation and other appropriations programmed by this law to specialized entities transport sector for these purposes, they may be executed directly by these or through agreements with local authorities and / or decentralized. The responsibility of the Nation will be limited to the implementation of projects, and these networks will by local authorities. Under no circumstances may modify the maintenance of secondary and tertiary roads that are in charge of the Nation.

ARTICLE 10. In accordance with Article 118 of the Law 812 of 2003, electricity trading companies may apply to the sum of twenty billion pesos ($ 20 billion) the contribution actually received Social Energy Fund decrease due and caused portfolio between June 26, 2003 and the date of entry into force of this law, those users located in the subnormal districts established by the Regulatory Commission of Energy and Gas, CREG, in compliance with the literal or ) Article 23 of Law 143 of 11 July 1994.
ARTICLE 11.
surplus resources of validity 2003 subaccount of catastrophic events and traffic accidents Solidarity Fund and Guarantee Fosyga, added in this law worth one hundred billion pesos ($ 100 billion) they will be used to co-finance the project "Improvement, Strengthening and adjustment in the management of institutions of the public hospital network - Prior Concept DNP" in order to ensure greater efficiency, coverage and quality of services, financing restructuring of hospitals within the scheme of service networks. The resources of this Article to be allocated by way of forgivable loan, appropriate in the Ministry of Finance and Public Credit without state funds in order that contracts forgivable loan with local authorities subscribe, under the terms of paragraph the 3rd, Article 54 of Law 715 of 2001 and Article 43 of Law 812 of 2003.

For purposes of forgiveness, complementarily to credit agreements, the Ministry of Social Protection and local authorities will sign performance agreements that include commitments to rationalization of expenditure and management goals in the areas of production, quality, administrative, technical and financial efficiency.
PARÁGRAFO. Some of these resources may be intended to conclude the settlement process, the date of the enactment of this law, are in progress.

ARTICLE 12. The resources added in the Ministry of National Education for the 113 program, subprogram 700 and Project 108 worth $ 35 billion will be allocated to finance infrastructure projects, improvement, repair and hardware Institutions State educational specific attention to vulnerable population, preschool, primary and secondary education. It is defined as a vulnerable population that has not had access to the system on equitable terms. Population in extreme poverty, people displaced by the armed conflict, population of ethnic groups, people with limitations or disabilities, people in rural areas of low density and population borders.

ARTICLE 13. In order to comply with the provisions of Articles 36 and 41 of Law 715 of 2001 and 80 of Law 812 of 2003, will be paid with surplus resources of the General System of Units, balances resulting from the recognition of the costs of educational services ordered by the Constitution and the law. The Ministry of Education will review the assessments submitted by local authorities and certify the amount to recognize. The deadline to sign payment agreements sanitation debt mentioned in Article 80 of Law 812 of 2003 will be extended until December 2005.
PARÁGRAFO. The crossing of accounts covered by Article 80 of Law 812 of 2003 includes only debts ribuibles located at tax education sector. Therefore, the nation shall make payment of the balances in favor of local authorities independently of debts that they have incurred by other concepts. In local authorities where accounts crossings located beyond the forward prosecutor be reviewed and surpluses be returned to those entities. Effective Jurisprudence

ARTICLE 14.
housing subsidies provided for in Article 24 of Decree 353 of 1994, may be recognized and paid out of surplus that is the 2nd paragraph of Article 22 of the decree or provisions for that purpose he made the Military Housing Promotion Fund, affiliates or bound by contract to provide services that met requirements prior to the effective date of this law years.
ARTICLE 15.
hereby added the sum of one hundred thirty billion pesos ($ 130 billion) in the operating budget transfers account Ministry of Finance and Public Credit financed with resources of the Nation for the National Government to advance the corresponding arrangements for payment reconciliations or to meet obligations arising from formulas that the national government develops to settle or guard against litigation related bonuses compensation with the Judicial Branch, Attorney General's Office, the Attorney General and Ministry of Defence . The resources needed to meet these obligations will be distributed by the Ministry of Finance and Public Credit to the respective entities as appropriate.
ARTICLE 16.
the 8th paragraph, paragraph 3, letter d, article 8 of Chapter II of Title II of Law 812 of 2003, will read:
"The municipalities and districts, and shall perform stratification socioeconomic municipal or district capitals and rural population centers later than twelve (12) months from the time the competent body define methodologies and municipalities that corresponds apply.
service companies home public, they apply to payment of public services no later than five (5) months after being adopted by the mayor, or the governor in the case of San Andrés, in the Department of San Andres and Providencia.
ARTICLE 17.
electrification carried out with the additional resources in this law for financial support to the energization through the FAER will be executed by public power companies or local authorities.

ARTICLE 18.
surplus resources of the force subaccount 2003 of catastrophic events and traffic accidents Solidarity Fund and Guarantees, Fosyga, added in this law for fifty billion pesos ($ 50 billion) they will be used to finance the "Implementation of Projects for national health priority" project.
ARTICLE 19.
debt Condónese caused to date by the Social Security with the Nation - Ministry of Finance and Public Credit, product:
1. The credit balance of 1999, by 67 billion pesos.
2. 75 billion pesos a refundable credit of year 2006 and it was paid in September 2004.
ARTICLE 20.
resources for subsidies Affordable Housing Rural in this Law shall be allocated through a new public call.

ARTICLE 21. This law applies from the date of publication.
The President of the honorable Senate,
Luis Humberto Gómez Gallo.
The Secretary General (US) Senate of the Republic,
Saul Cruz Bonilla.
The President of the honorable House of Representatives, Zulema del Carmen Jattin
Corrales.
The Secretary General of the honorable House of Representatives, Angelino Lizcano Rivera
.
REPUBLIC OF COLOMBIA - NATIONAL GOVERNMENT
published and execute.
Given in Bogotá, DC, on December 3, 2004.

Alvaro Uribe Minister of Finance and Public Credit, Alberto Carrasquilla Barrera
.


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