ACT 1110 2006
Official Gazette No. 46494 of December 27, 2006 CONGRESS OF THE REPUBLIC
Whereby the Revenue Budget and Capital Resources is enacted and Appropriations Act for fiscal year from January 1 to December 2007
Summary effective Notes 31
THE CONGRESS OF COLOMBIA DECREES
BUDGET INCOME AND CAPITAL RESOURCES.
ARTICLE 1o. Look computations budget of revenues and capital resources of the National Treasury for the fiscal year from 1st. January to 31 December 2007, in the sum of ONE HUNDRED SIXTEEN BILLION FOUR HUNDRED THIRTY ONE THOUSAND FIVE HUNDRED THIRTY-THREE MILLION TWO HUNDRED THIRTEEN THOUSAND PESOS A LEGAL CURRENCY ($ 116.431.233.513.201), as detailed in Budget Revenue and Capital resources for 2007, as follows:
REVENUES oF tHE GENERAL BUDGET oF tHE NATION
. EXPENDITURE BUDGET APPROPRIATIONS ACT OR. Lay hold to meet operating costs, investment and service the public debt of the General Budget of the Nation during the fiscal year from 1st. January to 31 December 2007 a sum amounting to: SIXTEEN BILLION FOUR HUNDRED AND THIRTY ONE THOUSAND TWO HUNDRED THIRTY-THREE MILLION FIVE HUNDRED THIRTEEN THOUSAND TWO HUNDRED PESOS COIN A LEGAL ($ 116.431.233.513.201), according to the detail that is below:
ARTICLE 3. The amount of expenditures to be financed with the resources for consideration by the Congress under the bill financing to be submitted to Congress under the terms of Article 347 of the Constitution, amounting to the sum of ONE BILLION THREE HUNDRED SIXTY PESOS COIN BILLION LEGAL ($ 1.163.000.000.000) bringing the total budget appropriations, is set at a value of SEVENTEEN HUNDRED BILLION FOUR HUNDRED NINETY THOUSAND TWO HUNDRED THIRTY-THREE MILLION FIVE HUNDRED THOUSAND THIRTEEN ONE HUNDRED PESOS LEGAL CURRENCY ($ 117.594.233.513.201).
ARTICLE 4. They understand incorporated into the budget of income and capital resources, revenues bill financing to Article 347 of the Constitution submitted by the Executive by the sum of ONE BILLION ONE HUNDRED SIXTY THREE BILLION PESOS refers LEGAL CURRENCY ($ 1.163.000.000.000), if the Congress approves, in order to balance the budget with Expense Income.
The 5th ITEM. The general provisions of this Act are complementary laws 38 1989 179 1994 225 1995 819 2003 Organic Budget, and should be implemented in harmony with them.
These rules governing bodies that make up the General Budget of the Nation, and for national resources allocated to the Industrial and Commercial State and Societies of Mixed Economy with the regime of those.
Unincorporated funds should be created by law or by its express authorization and subject to the rules and procedures established in the Constitution, the Organic Statute of the budget, this Law and other rules regulating the bodies which they belong. CHAPTER I.
OF INCOME AND RESOURCES.
ARTICLE 6o. The Directorate General of Public Credit and National Treasury of the Ministry of Finance and Public Credit shall inform the different organs refinement dates and disbursement of internal and external credit of the Nation. Public institutions at the national report to the aforementioned address the amount and timing of resources of foreign and domestic credit contracted directly.
The Directorate General of Public Credit and National Treasury of the Ministry of Finance and Public Credit previously conceptuará on requests for amendments to funding sources in the case of credit resources of the various appropriations that are stated in the annex to the decree settlement, provided they do not modify approved by Congress in the annual bill amounts.
ARTICLE 7. The Government may make budget without any operation, substitutions in its investment portfolio with its decentralized entities, in accordance with legal regulations.
Article 8. Current revenues of the nation and those contributions and resources in the legal regulations have not authorized their collection and management to another body, to be reported in the General Directorate of Public Credit and National Treasury, for those who are responsible for their safekeeping.
The Superintendencies than a budgetary section should record monthly at the Directorate General of Public Credit and National Treasury, the total value of contributions established by law.
Article 9. The Minister of Finance shall establish the technical criteria for management of liquidity surpluses in line with National Treasury monetary, currency and interest rate short and long term goals.
ARTICLE 10. The Government may issue securities Treasury TES, Class "B", based in the Faculty of Law 51 of 1990 according to the following rules: will be without the joint guarantee of the Bank Republic; the estimated revenue of product placement will be included in the General Budget of the Nation as capital resources, except for those from the temporary placement of securities for treasury operations; their performances will be met from the general budget of the Nation; redemption will be addressed under the resources of the General Budget of the Nation, with the exception of temporary treasury operations whose issue amount is fixed in the decree which authorizes; They may be administered directly by the Nation; They may be denominated in foreign currency; It requires only issue the decree to authorize and fix its financial conditions; issue will not affect the indebtedness quota and will be limited to those to finance budgetary appropriations in the amount of these.
ARTICLE 11. The financial returns arising with national resources, including trust business, be listed in the Directorate General of Public Credit and National Treasury in the following month of collection.
hereby empowered to the Directorate General of Public Credit and National Treasury for the excess liquidity in local and foreign currency of the funds it manages, perform the following operations: purchase and sale of securities issued by the nation, the Bank of the Republic, Fogafin, entities subject to the control and supervision of the Financial Supervisory Authority and other governments and treasuries; buying debt of the Nation; purchases with repurchase agreements with public entities and financial institutions subject to the control and surveillance of the Banking Superintendency, within quotas authorized by the Minister of Finance and Public Credit; bearing deposits and financial investments in entities subject to the control and surveillance of the Banking Superintendency; term deposits and purchases of securities issued by banks and foreign financial institutions; operations risk coverage; and other authorized by the Government; Likewise, transient to the Directorate General of Public Credit and National Treasury loans, recognizing market rate during the period of use, an event that does not involve cash unit; and securities lending to that address market-rate securities.
PARÁGRAFO. This applies when, according to the laws, the Directorate General of Public Credit and National Treasury can not do cash unit with the resources of the funds it manages.
ARTICLE 13. The impact the budget will be made taking into account the main provision originated in the commitments acquired and under this heading the other inherent costs or accessories are covered.
Charged to the appropriations of each budget category, which are affected by the initial commitments, obligations under these commitments, such as unexpected costs, adjustments and revision of values and default interest and expenses of nationalization will be addressed.
ARTICLE 14. Prohíbese process
administrative acts or obligations affecting the spending budget when you do not meet the legal requirements or are configured as faits accomplis. The legal representative and computer spending or in whom these have been delegated, respond disciplinary and criminal prosecutor for violating the provisions of this rule.
ARTICLE 15. To provide job openings will require the certificate of budgetary availability for the fiscal year 2007. Through this, the Head of Budget or his substitute will ensure the existence of resources from 1 January to 31 December 2007, all personal expenses, unless the appointment is to replace a charge provided or created during the term for which shall be issued the certificate of budgetary availability for the remainder of the fiscal year.
Every provision of employment of public servants should correspond to those provided in the staffing, including the linkages of official workers.
Prior to the recognition of the Technical Prima budget availability certificate will be issued. Through this it must ensure the existence of resources from January 1 to December 31, 2007.
Linking supernumeraries, for periods longer than three months must be authorized by order signed by the head of the respective organ.
ARTICLE 16. The request for modification plants require staff for consideration and processing, by the Ministry of Finance and Public Credit, General Directorate of National Public Budget, the following requirements:
2. comparative costs of existing and proposed plants.
3. Effects on overhead.
4. Concept of the National Planning Department if the investment costs are affected.
5. And others that the Directorate General of the National Public Budget deems appropriate.
The Administrative Department of Public Service approve the proposed modifications to the plant personnel, they have obtained the budgetary viability of the Ministry of Finance and Public Credit Directorate-General of the National Public Budget.
resources for training programs and social welfare can not be used to create or increase wages, allowances, bonuses, premiums, social benefits, salaries or occasional extralegal monetary stimulus that the law has not been established for servers public, or used to provide direct benefits in cash or in kind.
Training programs may include serial numbers of the officials who will turn directly to educational establishments, except as provided by Article 114 of Law 30 of 1992. The award will be made under the internal regulations of the respective body .
ARTICLE 18. The Directorate General of the National Public Budget Ministry of Finance and Public Credit shall be competent to issue the resolution governing the establishment and operation of petty cash in the organs that make up the General Budget of the Nation, and in national institutions with budgetary regime of Industrial and Commercial State with non-financial, for resources assigned to the Nation.
ARTICLE 19. The acquisition of property needing organs that are part of the General Budget of the Nation for its operation and organization require a purchase plan. This plan must be approved by each body in accordance with the appropriations authorized in the General Budget of the Nation and amended when the support appropriations are modified.
ARTICLE 20. It may make distributions in the budget of income and expenses, without changing its destination or amount, by order signed by the head of the respective organ.
In the case of public establishments of national order these distributions will be made by resolution or agreement or Boards of Directors meetings. If there are no joints or Directive Boards will the legal representative of these.
The budgetary operations contained in the aforementioned administrative acts, be subject to approval by the Ministry of Finance and Public Credit Directorate-General of the National Public Budget, and in the case of investment costs, require the prior favorable concept of the National Planning Department - Directorate of Investment and Public Finance.
The heads of the bodies liable for the legality of the acts in question.
To avoid duplication in cases where the distribution affects the budget of another organ that is part of the General Budget of the Nation, the same administrative act will form the basis for appropriate adjustments in the body that distributes and incorporating the receiving organ. The budget execution of these should start in the same term of the distribution; if required subordinales and subprojects will open.
The head of the organ or whom he has delegated management may make spending level regional settlement decree to facilitate their operational management and internal management assignments appropriations in their units, sectional or without the involve them change their destination. These assignments for validity shall not require approval of the Ministry of Finance and Public Credit General Directorate of National Public Budget.
ARTICLE 21. The bodies referred to in article 5 of this Law may agree advances only when they have monthly basis Annual Programme approved Cajamarca PAC.
ARTICLE 22. The National Government in the settlement decree classified revenues and expenses and define the latter.
In this classification the corresponding income contained in the draft finance law that Article 4 of this law, if the latter is approved relates to be included.
Likewise, when items are incorporated into rentier paragraphs, sections, programs and subprograms that do not correspond to its purpose or nature, located at the relevant site.
The Directorate General of the National Public Budget Ministry of Finance and Public Credit will by resolution operations in the same direction as required during the course of the term.
In the case of investment expenditure budget will require the prior favorable concept of the National Planning Department.
ARTICLE 23. The Ministry of Finance and Public Credit General Directorate of National Public Budget, ex officio or at the request of the head of the respective organ, made by resolution clarifications and corrections necessary to amend legend transcription errors and arithmetic that included in the General National Budget for fiscal year 2007.
ARTICLE 24. The Ministry of Finance and Public Credit Department of Public Budget National may refrain from advancing any budgetary procedures of operation of the entities listed in Article 5 of this Act that violate the objectives and goals outlined in the Financial Plan, the National Government Macroeconomic programming and Annual Program Fund.
ARTICLE 25. The bodies referred to in article 5 of this Act shall send to the Directorate General of the National Public Budget monthly reports on the implementation of revenue and expenditure, within five (5) days of the following month.
ARTICLE 26. Commitments and obligations of organs that are a section of the General Budget of the corresponding appropriations financed by income from contracts or agreements may only be made when they have perfected Nation.
ARTICLE 27. When the organs that are part of the General Budget of the Nation, enter into contracts with each other, affecting their budgets, with the exception of credit, make adjustments by orders of head of the respective body. In the case of public establishments of the National Order, the Superintendents and Special Administrative Unit with legal personality and those listed in Article 5 of the Organic Statute of the budget, such adjustments must be made by agreement or resolution of boards or boards or legal representative of the body, if there are no boards or boards.
Administrative the preceding paragraph refers to acts must be submitted to the Ministry of Finance and Public Credit Directorate-General of the National Public Budget, accompanied by the corresponding certificate of budgetary availability and economic justification for the approval of budgetary operations contained therein, a requirement without which they can not be executed. They case of investment costs, require the prior favorable concept of the National Planning Department - Directorate of Investment and Public Finance.
The heads of the bodies liable for the legality of the acts in question.
ARTICLE 28. When the organs that make up the General Budget of the Nation own real estate that currently are not being used or are not necessary for the normal development of their functions, they must develop all activities to meet the provisions of Article 8 of Law 708 of 2001 and its implementing regulations in the case of property whose owner is the Ministry of Commerce, Industry and Tourism located in Baru Island, Cartagena Tourist District. They may also be transferred, prior appraisal, by way of capital contributions to industrial and commercial enterprises of the State in accordance with the conditions specified by the Ministry of Commerce, Industry and Tourism without implying budgetary operation, noting to this end the provisions of the third paragraph of article 1 of the aforementioned Law 708 of 2001.
Likewise, when those organs work in privately owned properties as tenants, must make the necessary arrangements for his transfer to a building currently not be occupied by another public entity and is owned.
ARTICLE 29. 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 that the President 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 the provisions Law 31 of 1992 or those that modify or add.
ARTICLE 30. The bodies that make up the General Budget of the Nation must repay within the first quarter of 2007, the Directorate General of Public Credit and National Treasury, and their treasuries when they correspond to own resources, the resources arising in agreements with international organizations that are not sheltering commitments or obligations, and which meet budgetary appropriations for the fiscal year 2005 and prior, including its financial returns, exchange rate, and other revenues arising from those with the appropriate support.
ARTICLE 31. Where there
budget appropriation in the public debt service may be made advances in the payment of the loan contracts. It may also be addressed under the ongoing effective servicing the public debt corresponding to January 2008.
ARTICLE 32. The legal representation and management spending debt service is headed by the Minister of Finance or his delegate, according to the provisions of the Organic Budget Law.
ARTICLE 33. The expenses necessary for the administration, procurement and service operations of public credit, assimilated them, their own debt management, related operations and other related resources Credit They will be served under appropriations Service Public Debt.
OF THE BUDGET RESERVES AND ACCOUNTS PAYABLE.
ARTICLE 34. The budgetary reserves and accounts payable of the bodies that make up the General Budget of the Nation for 2006, must be established no later than January 26, 2007 and submitted within three (3 ) days, the Directorate General of the National Public Budget. The first will be constituted by the computer spending and budget chief or his substitute, and the second by the computer spending and treasurer of each organ.
In the case of contributions of the Nation to the Industrial and Commercial State or Societies of Mixed Economy with the regime of those, both reserves and accounts payable must be established within the same period, by the computer spending and budget chief or his substitute, in the first case, and computer spending and treasurer of each firm or company in the second case.
The same procedure shall apply to the Superintendents and the Special Administrative Units when not listed as budget sections.
ARTICLE 35. Constituted
accounts payable and budget reserves of the fiscal year 2006, the remaining money will be refunded to the Directorate General of Public Credit and National Treasury.
Accounts payable and corresponding budget reserves for fiscal year 2006 that have not been executed as of December 31, 2007, expire without exception. Consequently, they must return to the Directorate General of Public Credit and National Treasury.
The resources entered in the General Budget of the Nation bound for the Industrial and Commercial State and Societies of Mixed Economy with the regime of those, which have not been committed or executed on December 31, 2007, must be repaid by them to the Directorate General of Public Credit and National Treasury.
PARÁGRAFO. Withdrawals dealt with in the first paragraph of this article by the computer spending and the respective management official body, must be made no later than 19 January 2007. The officials must reinstate the resources referred to in subparagraphs second and third, by 19 January 2008. CHAPTER IV
APPLICABILITY OF THE FUTURE.
ARTICLE 36. The annual quotas authorized to make commitments for future fiscal periods unused at December 31 of the year in which the authorization is granted, expire without exception.
In cases of tender, merit-based competition or other selection process are understood used the annual quotas for future years with the award ceremony.
ARTICLE 37. Applications to commit resources of the nation, affecting future fiscal years of the Industrial and Commercial State or Mixed Economy Societies with those rules, must be processed through the bodies that make up the General Budget of the nation to which they are linked.
CHAPTER V. MISCELLANEOUS PROVISIONS.
ARTICLE 38. A public servant who receives a garnishment order on the resources entered in the General Budget of the Nation, including transfers that makes the Nation to local authorities, is required to make the appropriate arrangements to apply for replevin . For this purpose, request the Directorate General of the National Public Budget Ministry of Finance and Public Credit, the constancy of the nature of these resources. The request must specify the type of process, the parties, the court office that handed down the precautionary measures, and the origin of the funds that were seized. Such records
unseizability refers to resources and not to bank accounts, and it is for the public servant applicant, in cases where the judicial authority requires, processing, before turning the entity responsible for resource measurement object prudential, the corresponding certification on bank accounts.
ARTICLE 39. The judgments and settlements will be incorporated into the budget in accordance with the availability of resources in accordance with Article 39 of the Organic Statute of the budget.
ARTICLE 40. Organs Article 5 of this Law refers to pay protection faults under the category appropriate to the nature of the business failed. To pay them, in the first instance should perform the required budget transfers, charged to the balance of appropriation available during the fiscal year in progress.
Public Establishments must meet the measures that are imparted against him, first with its own resources.
With the appropriations under heading statements and reconciliations may pay all expenses incurred in arbitration courts.
ARTICLE 41. The Nation may provide the official postal operator, the necessary resources to ensure service franking privilege provided by law, provided to the organs that are part of the General Budget of the Nation, once made recognition the service provided by them.
ARTICLE 42. The Attorney General's Office, the National Police, the Army, the Navy, the Air Force and the Administrative Department of Security must cover under their respective budgets staff costs linked to such bodies and that make the Unified Action Groups for the Freedom Gaula- Personal- that Law 282 of 1996 refers to
ARTICLE 43. The National Planning Department, no later than one month after the Settlement Decree has been issued, sent to the Directorate General of the National Public Budget a report indicative allocation of the investment budget by departments present.
When modifications to the budget affecting regionalization are made, the different bodies must submit this information to the National Planning Department, within the month following the improvement of the operation, so that it consolidates the information and send it within ten (10) days from the Directorate General of the National Public Budget.
corresponding to the fiscal year 2007 initial budget complies with the provisions of Article 31 of Law 344 of 1996 and Article 8 of Law 819 of 2003
obligations for medical-care services, public services, costs of customs operations, communications, transportation and inherent payroll contributions caused in the last quarter of 2006, can be paid under the appropriation of fiscal year 2007.
the holiday bonus, compensation to them, severance pay, pensions and taxes can be paid from the current budget whatever the year of accrual.
The organs that are part of the General Budget of the Nation may pay under the current budget, obligations unliquidated received from entities that were caused by the same, corresponding to public services and Inherent payroll contributions, regardless is the year of accrual, affecting the item that gave it birth.
ARTICLE 46. Authorize the nation and its decentralized entities to carry crosses accounts together with local authorities and their decentralized and the Public Service Enterprises with State participation, reciprocal obligations have caused. For these purposes prior agreement between the parties is required. These operations should be reflected in the budget, retaining only the destination for which they were scheduled the respective appropriations.
For legal obligations of origin which has the nation and its decentralized entities with other public bodies, should be taken into account for purposes of these offsets, transfers and contributions to any title, the first they have been made in the past in any fiscal year. If there remain some balance against the nation, it may sufragarlo through public debt, without implying any operating budget.
When the qualities of creditor and debtor in the same person, as a result of a process of liquidation or privatization of national bodies of public law, combine the accounts will be offset automatically without any operation budget.
ARTICLE 47. The Nation may issue bonds under market conditions or other government bonds to pay financial obligations caused or charge accumulated 31 December 1993, in respect of pension and severance liability of the beneficiaries Liabilities Fund of the late Prestacional health sector; to clean up liabilities for severance payments of State Universities, to Article 88 of Law 30 of 1992, administrative staff and teachers are not covered by the new salary scheme concerns.
Also may be issued pension bonds that is Law 100 of 1993, in particular for State Universities.
The Nation may recognize as public debt obligations by the National Institute of Concessions "INCO" arising in contracts with guarantees in respect of guaranteed minimum income; in these cases they will be recognized through the issuance of bonds or other debt securities under market conditions, for which it shall adhere to the procedure provided for in Article 29 of Law 344 and its regulations, as appropriate.
PARÁGRAFO. The issuance of bonds or referred to in this article does not imply budgetary operation and should only budgeted for purposes of redemption. The same procedure applies to bonds that may be issued pursuant to Article 29 of Law 344 of 1996. The entities of the General Budget of the Nation that use this mechanism will only proceed with the accounting records as circumstances require to extinguish these obligations under payment agreements signed with the Ministry of Finance and Public Credit.
ARTICLE 48. The difference between the regulated producer income and price in the international market linked to the Gulf market of the United States of America for refiners or importers, who was being assumed by them, in fulfillment of the purposes social State under the terms provided in the Constitution, may be funded during fiscal year 2007 under the national resources that are incorporated in the budget of the Ministry of Mines and Energy, which will determine the basis, criteria and procedures for assignment and transfer.
ARTICLE 49. From the effective date of this Act, the Directorate General of Public Credit and National Treasury terminate existing account balances in respect of agreements signed Payment and national entities that originated exclusively in the recognition as a public debt of the Nation of outstanding obligations through Treasury Securities Class B - TES B - developing the provisions of Article 29 of Law 344 of 1996 and article 1 of Law 419 of 1997 .
ARTICLE 50. The nation may recognize as debt the obligations filed before December 22, 2006 and who meet the requirements established by law through the Presidential Agency for Social Action and International Cooperation - Social Action in favor of victims of violence that is Law 418 of 1997, extended by Law 548 of 1999 and Law 782 of 2002. in these cases be recognized by issuing bonds or other government securities on conditions market.
ARTICLE 51. The percentage of the transfer of sales tax assigned to the Departmental Welfare Funds and Fund of Social Benefits of the Magisterium, bound to pay the final and pensions of teachers nationalized severance pay, continue to be paid taking basis of the agreements signed under the provisions of Law 91 of 1989.