917 OF 2004

(December 3)

Official Journal 45.751 of 3 December 2004

For which modifications are made to the General Budget of the Nation for the fiscal life of 2004 and other provisions are dictated

COLOMBIA CONGRESS

DECRETA:

ARTICLE 1o. BUDGET FOR INCOME AND CAPITAL RESOURCES. To add the computes of the General Budget of the Nation's Budget of Rent and Resources for the fiscal year 2004, in the net sum of three billion six hundred and forty thousand Forty-five million nine hundred and seven thousand two hundred and twenty-four pesos ($3,640,245,907,224) legal currency, according to the following detail:

ARTICLE 2o. Addition to the Expenditure Budget for the fiscal year 2004 in the sum of three billion six hundred and forty thousand two hundred and forty-five million nine hundred and seven thousand two hundred and twenty-four weights ($3,640,245,907,224) legal currency, as follows:

ARTICLE 3o. Contraccredit the General Budget of the Nation for the fiscal year 2004, in the sum of one billion six hundred and three thousand twenty-four hundred and sixty-one thousand three hundred Ninety-one legal currency ($1.603.024.761.391) according to the following detail:

ARTICLE 4. Based on the resources in the previous article, open the following credits in the General Budget of the Nation for the fiscal year 2004, in the sum of one billion six hundred and three thousand twenty-four thousand seven hundred and sixty-one thousand three hundred and ninety-one legal currency ($1,603,024,761,391) according to the following detail:

ARTICLE 5o. Article 33 of Law 848 of 2003 will remain so:

No organ will be able to enter into commitments that involve the payment of quotas to international organizations charged to the General Budget of the Nation, without the approval of public treaties or the President of the Republic authorised its provisional application in the terms of Article 224 of the Political Constitution.

Once the requirements of the previous paragraph have been met, prior to the authorization of the Ministry of Foreign Affairs, the public establishments of the national level may only pay the fees to those agencies from their own resources.

The contributions and contributions of the Republic of Colombia to the International Financial Organizations will be paid from the General Budget of the Nation, except in cases where the contributions are counted as international reserves, which shall be paid in accordance with the provisions of Law 31 of 1992 or those amending or adding to it.

ARTICLE 6o. Substitute in the Nation's Capital Resources and Resources Budget the sum of three hundred and twenty-four thousand four hundred and twenty-three million pesos ($324,23,000,000) legal tax currency of customs and capital duty surcharge.

Replace the sum of five hundred and seventy-six thousand three hundred and thirty-seven million pesos ($576,337,000,000) of the Value Added Tax, VAT, per levy to the national capital. financial movements and estate tax.

Replace the sum of fifty-four thousand two hundred and ninety-five million pesos ($54,295,000,000) with the legal currency of gasoline and ACPM per stamp duty in the Budget of Rentas and Resources of the Nation. national.

Replace the sum of seventy-one million pesos ($71,000,000) with the legal currency of stamp duty on the foreign exit by tax on the capital of the Nation in the Budget of the Rentas and Resources of the Nation.

Replace the sum of three hundred billion pesos ($300,000,000,000) in the National Capital Resources and Resources Budget ($300,000,000,000) in the legal currency to dispose of assets for the financial surpluses of the decentralized entities.

Replace the sum of one hundred and forty-five thousand two hundred and eighty-eight million, two hundred and seventy-nine pesos ($145,288,211,779) of the nation's capital resources in the Budget of Rentas and Capital Resources. external credit for financial surpluses of decentralised entities and internal credit resources.

[Substitute] In the Budget of Rentas and Capital Resources of the Nation, the sum of one billion nine hundred and twenty thousand one billion and six million two thousand nine hundred pesos ($1,920.18 6,102,901) legal currency of other capital resources by internal credit resources.

[Substitute] In the Budget of Rentas and Capital Resources of the Nation, the sum of one hundred and forty-four thousand four hundred and twenty-four hundred and fourteen thousand four hundred and fourteen pesos ($144,412,114,414) legal currency of reintegrans and other resources not appropriated by internal credit resources.

Replace in the Budget of Rentas and Capital Resources of the Nation the sum of one hundred and ninety-five thousand two hundred and eighty-nine million four hundred and thirty-eight thousand five hundred three pesos ($195.289.438,503) legal currency of recovery of portfolio by internal credit resources.

Replace the sum of forty-one thousand and three million pesos ($41,093,000,000) of other capital resources for the capital tax in the Budget of Rentas and Capital Resources of the Nation.

Replace the sum of three thousand seven hundred and sixty-eight billion six hundred and seventy-four thousand nine hundred and eighty-one pesos ($3,768,674,981) in the budget of the Nation's Capital Resources and Resources. by external credit resources.

The Ministry of Finance and Public Credit-Directorate General of the National Public Budget-in use of the power granted by Decree 568 of 1996 will make corrections to the resources and their corresponding codes, which are informational character.

ARTICLE 7o. The National Government in the decree of liquidation shall exclude the transfers whose contraccredites are committed at the time of the sanctioning of this law.

ARTICLE 8. The National Government will be able to grant credits, which may be condonable, to the Social Insurance Institute and to the Social Enterprises of the State created by Decree 1750 of 2003, in order to support its restructuring and operation processes. Each of these entities will have to sign performance agreements with the Ministry of Finance and Public Credit where the requirements that must be met for the cancellation of the credits will be established.

The financial conditions will be the ones established by the General Directorate of Public Credit and the National Treasury. The entities referred to in this Article shall only grant guarantees in favor of the Nation, within 60 days after they are notified that the annual fee has not been waived.

ARTICLE 9o. Article 58 of Law 848 of 2003 will be thus left: 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 the specialized entities of the transport sector for these purposes, may be executed directly by these or by means of agreements with the territorial entities and/or their decentralized. The responsibility of the Nation will be limited to the execution of the projects, and these networks will continue to be carried out by the territorial entities. In no case may the maintenance of the secondary or tertiary roads in charge of the Nation be modified.

ARTICLE 10. In accordance with Article 118 of Law 812 of 2003, electric power trading companies may apply up to the sum of twenty thousand Millions of pesos ($20,000,000,000) of the contribution actually received from the Social Energy Fund to decrease the maturities and caused between June 26 of 2003 and the date of entry into force of this law, of those users located in the Sub-standard neighbourhoods provided by the Energy and Gas Regulatory Commission, CREG, in compliance with the literal (o) of article 23 of Law 143 of July 11, 1994.

ARTICLE 11. The surplus resources of the 2003 validity of the sub-account of catastrophic events and traffic accidents of the Solidarity and Guarantee Fund, Fosyga, added in this law by the value of One hundred billion pesos ($100,000,000,000) will be used to co-finance the Project "Improvement, Strengthening and Adjustment in the Management of the Institutions of the Hospital Public Network-Prior Concept DNP", in order to guarantee greater levels of efficiency, coverage and quality of their services, funding processes restructuring of hospital institutions within the framework of service networks. The resources of this article, which are assigned to a confondable credit, are appropriated in the Ministry of Finance and Public Credit without a situation of funds in order to have the credit agreements with the entities subscribed territorial, in the terms of paragraph 3o, of article 54 of Law 715 of 2001 and article 43 of Law 812 of 2003.

For the purposes of the waiver, in addition to the credit agreements, the Ministry of Social Protection and the territorial entities will sign performance agreements, which will include commitments to rationalize the spending and goals of management in the areas of production, quality, administrative, technical and financial efficiency.

PARAGRAFO. Part of these resources may be intended to terminate settlement processes that, as of the date of the current law, are in progress.

ARTICLE 12. The resources added in the Ministry of National Education for program 113, Subprogram 700, and Project 108 worth $35 billion will be used for the financing of projects infrastructure, improvement, repair and physical endowment of the educational institutions of the State for the specific care of vulnerable population, in pre-school, basic and middle school. It is defined as a vulnerable population that has not had access to the system in conditions of equity. Population in extreme poverty, population displaced by armed conflict, population of ethnicities, population with limitations or disabilities, population of rural areas of low density and population of 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, balances resulting from the recognition of educational service costs ordered by the General System of Participations shall be paid with the surplus of the resources of the General System of Participations. Constitution and the law. The Ministry of National Education will review the settlements presented by the territorial entities and certify the amount to be recognized. The deadline for signing the debt consolidation payment agreements referred to in Article 80 of Law 812 of 2003 will be extended to December 2005.

PARAGRAFO. The cross of accounts that is dealt with in Article 80 of Law 812 of 2003 only comprises the debts of the education sector at the tax location. Therefore, the nation will make the payment of the balances in favor of the territorial entities effective independently of the debts that they have contracted for other concepts. In the territorial entities where the crossings of accounts are advanced beyond the fiscal position, the surplus will be reviewed and the surplus will be returned to those entities.

ARTICLE 14. The housing subsidies provided for in Article 24 of Decree 353 of 1994 may also be recognized and paid out of the surplus of deals with paragraph 2 of Article 22 of the said decree or the provisions for which the Military Housing Promoter Fund has been made, to the members of or linked to the contract for the provision of services that met requirements in years prior to the validity of this law.

ARTICLE 15. Addition to the sum of one hundred and thirty billion pesos ($130,000,000,000) in the operating budget account transfers from the Ministry of Finance and Public Credit financed by " The National Government will be able to advance the corresponding efforts for the payment of reconciliations, or to meet the obligations arising from formulas that the National Government will develop to finance disputes related to compensation for compensation with the Judicial Branch, Federal Attorney General's Office, Prosecutor General's Office, and Ministry of Defense. The resources necessary to meet these obligations will be distributed by the Ministry of Finance and Public Credit to the respective entities as appropriate.

ARTICLE 16. Section 8o, numeral 3, literal d, article 8o, of Chapter II, Title II of Law 812 of 2003, shall be as follows:

" The municipalities and districts shall carry out and adopt the socioeconomic stratification of municipal or district heads and rural populated centers, at the latest twelve (12) months from the moment the competent entity defines the methodologies and the municipalities to which they apply.

Public service companies will apply to the collection of public services at the latest five (5) months after they have been adopted by the Mayor's Office, or the Government in the case of San Andrés, in the Department of San Andres. and Providence.

ARTICLE 17. The electrocations that are made with the additional resources in this law for the financial support to energization through the FAER will be executed by the public by the territorial authorities.

ARTICLE 18. The surplus resources of the 2003 validity of the sub-account of catastrophic events and traffic accidents of the Solidarity and Guarantees Fund, Fosyga, added in this law by the value of Fifty billion pesos ($50,000,000,000) will be used to finance the Project "Implementation of Projects for Priority Care in National Health."

ARTICLE 19. Grant the debt caused to the date by Social Security with the Nation-Ministry of Finance and Public Credit, product of:

1. The balance of the credit for 1999, for 67 billion pesos.

2. 75 billion pesos of a credit repayable in 2006 and that was disbursed in September 2004.

ARTICLE 20. The resources for Rural Social Interest Housing subsidies that this law deals with will be allocated through a new public call.

ARTICLE 21. This law governs from the date of its publication.

The President of the honorable Senate of the Republic,

Luis Humberto Gomez Gallo.

The Secretary General (E.) of the 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.

COLOMBIA-NATIONAL GOVERNMENT

Publish and execute.

Dada en Bogotá, D. C., at 3 December 2004.

ALVARO URIBE VELEZ

The Minister of Finance and Public Credit,

Alberto Carrasquilla Barrera.