Key Benefits:
1176 OF 2007
(December 27)
Official Journal No. 46.854 of 27 December 2007
CONGRESS OF THE REPUBLIC
By which Articles 356 and 357 of the Political Constitution are developed and other provisions are dictated.
THE CONGRESS OF THE REPUBLIC
DECRETA:
SHAREHOLDINGS GENERAL SYSTEM.
ARTICLE 1o. Article 3or Act 715 of 2001, will remain as follows:
"Article 3or. Conforming the General System of Participations. The General System of Participation will be shaped like this:
1. A specific allocation for the education sector, which will be called participation for education.
2. A participation with specific destination for the health sector, which will be called health participation.
3. A participation with specific destination for the drinking water and basic sanitation sector, which will be called participation for drinking water and basic sanitation.
4. A general purpose participation. "
ARTICLE 2o. Article 4or Act 715 of 2001, will remain as follows:
"Article 4or. Sectoral Distribution of Resources. The total amount of the General System of Participations, once the resources referred to in paragraph 2 of Article 2or Law 715 and the transitional paragraphs 2 and 3 of Article 4 of the Act Legislative 04 of 2007, shall be distributed among the units mentioned in Article 3or Law 715, as follows:
1. A 58.5% will be for education participation.
2. A 24.5% will correspond to the participation for health.
3. 5.4% will be for the participation of drinking water and basic sanitation.
4. An 11.6% will correspond to the overall purpose participation. "
ARTICLE 3o. DEPARTMENTS ' POWERS. Without prejudice to other legal provisions, it is for the departments to exercise the following powers related to the provision of public drinking water and sanitation services. basic:
1. Contribute to the provision of public drinking water and basic sanitation services through the promotion, structuring of regional schemes.
2. To promote, coordinate and/or co-finance the operation of regional schemes for the provision of public drinking water and basic sanitation.
3. Ensure that the inhabitants of the districts or municipalities are not certified in drinking water and basic sanitation, in an efficient manner, the public services of drinking water and basic sanitation, in the terms of the Law 142 1994.
4. Administer the resources of the General System of Participations with Destination for Drinking Water and Basic Sanitation of the non-certified districts and municipalities, with the exception of the Capital District of Bogota.
PARAGRAFO 1o. Departments must report information to the Single Public Service Information System, SUI, or the one that does its times, with the opportunity and quality to be determined by the Service Superintendence. Public Addresses.
PARAGRAFO 2o. The departments of Amazonas Guainia and Vaupes will have the competence to ensure that the inhabitants of the non-municipality areas of their jurisdiction are provided efficiently, the public services of drinking water and basic sanitation, in the terms of Law 142 of 1994.
ARTICLE 4. CERTIFICATION OF THE DISTRICTS AND MUNICIPALITIES. The municipalities and districts at the time of the issuance of this law will continue to be responsible for administering the resources of the General System of Participations for Drinking Water and Sanitation. Basic and to ensure the provision of drinking water and basic sanitation services. In any case, they must demonstrate compliance with the requirements established by the National Government, in order to develop the following aspects:
a) Destination and rotation of participation resources for drinking water and basic sanitation, for the purpose of financing activities eligible under the terms of Article 11 of the present law;
b) Creation and implementation of the Income Solidarity and Redistribution Fund;
c) Application of socio-economic stratification, in accordance with established national methodology;
d) Application of the methodology established by the National Government to ensure the balance between subsidies and contributions for public services of aqueduct, sewer and toilet.
The districts and municipalities that directly provide the aqueduct, sewerage and/or toilet services must also comply, with the requirements established by the National Government, by categories of territorial entity according to the Article 2or Law 617 of 2000, in development of the following aspects:
a) Compliance with the provisions of Article 6or Law 142 of 1994;
b) Implementation and implementation of the tariff methodologies issued by the Commission for the Regulation of Drinking Water and Basic Sanitation, CRA, for home public services of aqueduct, sewerage and/or grooming;
c) Reporting to the Unified Public Service Information System, SUI, or the one that does its times, with the opportunity and quality to be determined;
d) Compliance with water quality standards for human consumption, established by the National Government.
PARAGRAFO. The Superintendence of Public Services domiciled will be the competent entity to advance the certification process or to withdraw it, as the case may be, to the districts and municipalities in the insurance of the efficient provision of public drinking water and basic sanitation services.
Districts and municipalities are under the obligation to report the required information to the Superintendency of Public Services.
PARAGRAFO 2o. The National Government in the framework of its competencies will provide technical assistance to the districts and municipalities, so that these can advance the actions aimed at meeting the requirements of the reference to this Article.
PARAGRAFO 3o. For the purposes of the districts and municipalities certification, the following deadlines apply:
Up to 18 months after this law has been issued to show compliance with the aspects mentioned in this article, and an additional year for those municipalities that for circumstances not attributable to the municipal administration present problems in order to demonstrate compliance with the aforementioned aspects.
At the age of 2 and a half of the law's expedition comes into full application of the decertification.
ARTICLE 5o. EFFECTS OF DECERTIFICATION OF DISTRICTS AND MUNICIPALITIES. Districts and municipalities that are decertified will not be able to administer the resources of the participation for drinking water and basic sanitation of the General System of Participations, nor nor make any new commitments from the date of the decertification from the date of the decertification. In this event, the resources will be administered by the respective department, which will assume responsibility for ensuring the provision of public services for drinking water and basic sanitation in the urban and rural areas, in accordance with the provided by Article 5or Law 142 of 1994. To do this, the department will have the right to use the existing public infrastructure in the municipality in order to ensure the provision of these public services in the relevant jurisdiction. In no case shall the transfer of ownership of the assets of the sector be carried out, and it shall be for the department to represent the municipality in the undertakings, without prejudice to the fact that the municipality is participating in a voice but without a vote.
The foregoing, without prejudice to the provisions of article 8, 8,, 8, 6, and 142 of 1994, in which the Nation will be responsible for the provision of services. public drinking water and basic sanitation, resource management and the right to use existing public infrastructure.
The administration of the resources of the participation for potable water and basic sanitation and the competition in the provision of these services, will be reassumed by the District and/or Municipality, from the certification. In this event, the district and/or municipality shall give continuity to the commitments and the scheme of provision of the services that the department has assumed and defined under the provisions of this law.
DISTRIBUTION AND ALLOCATION OF PARTICIPATION RESOURCES FOR DRINKING WATER AND BASIC SANITATION OF THE GENERAL SYSTEM OF PARTICIPATIONS.
ARTICLE 6o. TERRITORIAL DISTRIBUTION OF RESOURCES. The resources of the General System of Participations for the participation of drinking water and basic sanitation, will be distributed as follows:
1. 85% for districts and municipalities in accordance with the distribution criteria set out in Article 7or this law.
2. 15% for the departments and the Capital District, in accordance with the distribution criteria set out in Article 8or this law.
PARAGRAFO. The resources that by concept of the departmental distribution that the Capital District will receive will be used exclusively for the Environmental Sanitation Program of the Bogota River.
ARTICLE 7o. CRITERIA FOR THE DISTRIBUTION OF RESOURCES FOR DISTRICTS AND MUNICIPALITIES. The resources of the participation for drinking water and basic sanitation of the districts and municipalities will be distributed according to the following criteria:
1. Coverage deficit: it will be calculated according to the number of people lacking in the aqueduct and sewerage service of the respective territorial entity, in relation to the total number of people lacking the service in the country, for which The differential of the provision costs between the different services may be considered.
2. Population attended and balance of the solidarity scheme: for the calculation of this criterion the structure of the users will be taken into consideration, the rates and the balance between the subsidies and the solidarity contributions in each district and municipality.
3. Territorial entity effort in the expansion of hedges, taking into account the increases of the population attended in aqueduct and sewerage of each district or municipality, in relation to the observed increases at the level national.
4. The poverty level of the respective district or municipality measured through the Unmet Basic Needs Index, or the substitute indicator, determined by the DANE.
5. Compliance with fiscal and administrative efficiency criteria for each territorial entity in the sector management, considering the costs incurred by the municipalities of 3rd, 4th, 5th and 6th, by way of electric energy costs used for pumping. The value resulting from the application of the above criterion shall not be taken into account for the purposes of defining the maximum ceilings referred to in Article (6 of Law 142 of 1994, as amended by Article 99 of Law 1151 of 2007. The National Government shall define the applicable methodology and regulate the matter.
PARAGRAFO TRANSIENT. While consolidating subscriber information by stratum for all of the country's municipalities in the Single Information System, the methodology for calculating the participation defined in the numeral 2 of this article shall take into account the number of persons registered at the Sisben level in each territorial entity, after validation by the National Planning Department.
ARTICLE 8o. CRITERIA FOR THE DISTRIBUTION OF RESOURCES FOR DEPARTMENTS. The distribution of the resources for the participation of drinking water and basic sanitation among the departments, will be carried out taking into account the participation of the districts and municipalities in their jurisdiction, in the indicators that develop the criteria of coverage deficit, population attended and balance of solidarity scheme and the effort of the territorial entity in the increase of hedges, established in the article 7or this law.
ARTICLE 9o. TRANSITION REGIME. Starting in 2011, the participation for drinking water and basic sanitation will be distributed among the districts and municipalities according to the distribution criteria laid down by the article 7or this law.
During the period from 2008 to 2010, a growing percentage of the participation for drinking water and basic sanitation will be distributed among the districts and municipalities according to the criteria provided for in this law, the following way: 30% in 2008, 50% in 2009 and 70% in 2010. The remaining percentage of the participation in each of the transition years shall be distributed in direct proportion to the final value assigned to the districts and municipalities by the allocation of drinking water and sanitation. the basic purpose of general purpose participation in the year 2007.
PARAGRAFO. Without prejudice to this article, for the purpose of the distribution of resources by district and/or municipality to guarantee the amount that the respective entity has committed to the date of issue of this law, with the resources of the participation for drinking water and basic sanitation, to pay credits or commitments arising from the financial structuring of a contract with a third party, which they have as their purpose ensure the provision of these services, the district or municipality must report, within six months (6) months following the issue of this law, concerning the existence of such commitments to the Ministry of Environment, Housing and Territorial Development. Based on the information reported by the territorial entities, the National Government will determine the transition time for the distribution of the resources that will guarantee the fulfillment of these commitments.
ARTICLE 10. ALLOCATION OF RESOURCES FOR DEPARTMENTS. With the resources of the General System of Participations for the participation for drinking water and basic sanitation to be assigned to the departments, a bag will be formed for co-finance investments made in districts and municipalities to develop projects under the Department of Water and Sanitation Plan of the respective department. These resources will be complementary to the other resources provided by the department for this purpose.
These resources will be focused on addressing the most urgent needs of the vulnerable population in the area of efficient delivery of drinking water and basic sanitation services according to the results of the in the following activities in the framework of the departmental water and sanitation plan:
a) Promotion, structuring, implementation and investment in infrastructure of regional schemes for the provision of services, in accordance with regional and/or departmental water and sanitation plans;
b) Regional water supply projects for human consumption;
c) Treatment and final disposal projects for liquid waste with regional impact;
d) Projects for the treatment, use and final disposal of solid waste with regional impact;
e) Payment of the debt service acquired by the department to finance infrastructure of the drinking water and basic sanitation sector, in compliance with its competencies, in the framework of the Departmental Water and Sanitation Plan.
PARAGRAFO 1o. Exclusively in the framework of a restructuring process for the provision of public drinking water and basic sanitation services in one or more districts and/or municipalities such as The result of which is linked to specialized operators, in the framework of the Water and Sanitation Department, will be possible, after authorization issued by the Ministry of Environment, Housing and Territorial Development, co-finance with the resources for the participation of drinking water and basic sanitation of the General System of Participations, for once for each case, the payment of labor liabilities of the public services persons mentioned in the numerals 1 and 3 of article 15 of Law 142 of 1994, caused prior to the entry into force of this law.
The National Government will establish the necessary conditions and procedures for co-financing, further pointing out the criteria for determining the counterpart to be provided by each district or municipality according to its fiscal capacity.
PARAGRAFO 2o. The physical infrastructure investments that the departments perform must be defined in the development plans and for the public toilet service case in the municipal or district plans for the integral management of solid waste, as well as in the investment plans of the public service providers, which must be articulated with the Departmental Water and Sanitation Plan.
ARTICLE 11. ALLOCATION OF RESOURCES FOR THE PARTICIPATION OF DRINKING WATER AND BASIC SANITATION IN DISTRICTS AND MUNICIPALITIES. The resources of the General System of Participations for Drinking Water and Basic Sanitation to be allocated to the districts and municipalities, shall be used to finance the provision of public services of drinking water and basic sanitation, in the following activities:
(a) Subsidies that are granted to the subsidiary strata in accordance with the provisions of the current regulations;
b) Payment of the debt service originated in the financing of projects in the drinking water and basic sanitation sector, through the pignoration of the allocated resources and other financial operations authorized by the law;
c) Preinvestment in designs, studies and interventories for projects in the drinking water and basic sanitation sector;
d) Formulation, implementation and actions to strengthen organizational schemes for the administration and operation of aqueduct, sewerage and toilet services, in urban and rural areas;
e) Construction, expansion, optimization and improvement of aqueduct and sewer systems, and investment for the provision of public toilet service;
f) Macro and microediting programs;
g) Uncounted water reduction programs;
h) Acquisition of equipment required for the operation of drinking water and basic sanitation systems;
i) Participation in the structuring, implementation and investment in infrastructure of regional schemes for the provision of municipalities.
PARAGRAFO 1o. Investments in projects in the sector that make the districts and municipalities should be defined in the development plans, in the plans for the integral management of solid waste and in the plans of investments of public service providers operating in the respective district or municipality.
PARAGRAFO 2o. Of the resources of the participation for drinking water and basic sanitation of the municipalities classified in category 2, 3rd, 4th, 5th and 6th, must be allocated a minimum of 15% (15%) of the same to the activity referred to in subparagraph (a) of this Article.
In the events in which the municipalities concerned have achieved the corresponding balance between subsidies and contributions, they will be able to allocate a smaller percentage of the resources of the General System of Participations. for the sector of drinking water and basic sanitation for such activity, in accordance with the regulations to be issued by the National Government for the purpose.
ARTICLE 12. CONSTITUTION OF AUTONOMOUS HERITAGES. The departments, districts and municipalities may, with the resources of the General System of Participations for the Sector of Drinking Water and Basic Sanitation, constitute autonomous assets. in order to ensure medium-and long-term investment projects aimed at ensuring the efficient provision of public water, sewage and/or toilet services to its inhabitants, at the events in which they are responsible for ensuring their benefit.
ARTICLE 13. DRAWING OF THE RESOURCES OF THE PARTICIPATION FOR DRINKING WATER AND BASIC SANITATION. The resources of the participation for drinking water and basic sanitation will be transferred directly to the departments, districts and municipalities.
On the basis of 100% of the appropriation defined in the annual budget law, the annual cash program will be determined, in which the monthly turns corresponding to the participation for drinking water and basic sanitation will be established departments, districts and municipalities.
Spins must be carried out in the first ten (10) days of the month following which the transfer corresponds, for this purpose, the participation for potable water and basic sanitation of the General System of Participations in the Law will be appropriate. Annual Budget.
The resources of the General System of Participations with destination for the sector of drinking water and basic sanitation will be turned directly to the provider or providers of the services of aqueduct, sewerage and toilet, to the heritages self-employed persons or trust schemes which are or are provided for in the management of these resources, provided that the competent territorial entity so requests and in the amounts that it points out.
This applies in cases where the territorial entity has linked to one or more providers to provide one or more public services in the sector and/or in cases where there is a signed agreement between the entity territorial and the provider for the allocation of subsidies to the Fund for Solidarity and Redistribution of Income.
PARAGRAFO. At the inauguration event of a utility company of aqueduct, sewerage and/or grooming, by the Superintendence of Public Services, the commitments in the (i) the transfer of resources to the demand side of the territorial entity. The resources of the General System of Participations for investment in infrastructure of these services shall be implemented in works and projects established in the investment plan that defines, for the provision of the service, the designated by the Superintendence of Public Services domiciled.
COMPREHENSIVE EARLY CHILDHOOD CARE.
ARTICLE 14. DESTINATION AND DISTRIBUTION. The resources of the transitional paragraph 2 of Article 4 of the Legislative Act 04 of 2007 will be used for the financing of the actions in early childhood, defined as priorities by the National Council. Social Policy, under the development of article 206 of Law 1098 of 2006 provided that such actions do not generate recurring expenses. The above, taking into account the priorities that each territorial entity determines in its development plans.
According to the resources certified by the Ministry of Finance and Public Credit for comprehensive care for early childhood, the Social Conpes will perform, based on the population of 0 to 6 years weighted by the Basic Needs Index. Unsatisfied, or the indicator to replace it determined by the DANE, the distribution of the resources between municipalities, districts and non-municipal areas of the departments of Amazonas, Guainia and Vaupes and will define the financing activities with They, taking into account the prioritization defined by the National Council for Social Policy.
From the distribution made by the Social Conpes, an annual turn will be made to the districts and/or municipalities, no later than June 30 of the year in which they are incorporated into the General Budget of the Nation.
For the non-municipal areas of the Amazon, Guainia, and Vaupes departments, the spin will be done to the respective department.
ARTICLE 15. TRANSITIONAL. The liquidations of the highest value of SGP for real growth of the economy of more than 4% corresponding to the vigencies 2006 and 2007, that it deals with the transitional paragraph 2o of the article 3o of the Legislative Act 01 of 2001, They will go to education and to the comprehensive care of early childhood. The Social Conpes will define the distribution of these resources.
SPECIAL ASSIGNMENTS.
SPECIAL ALLOCATION FOR SCHOOL FEEDING.
ARTICLE 16. THE SCHOOL FEEDING PROGRAM WILL BE FINANCED WITH RESOURCES FROM DIFFERENT SOURCES. For the purpose, the territorial entities will follow and apply, in the first term the basic technical-administrative guidelines regarding the complementation food, food standards, physical plant, equipment and equipment and human resources, and the conditions for the provision of the service, established by the Colombian Family Welfare Institute (ICBF) for the development of the program. Additionally, they will consider the guidelines foreseen in your development plans.
The Colombian Family Welfare Institute will articulate the actions that the different agents develop for the execution of this program.
PARAGRAFO. In order to achieve the basic universal coverage in the school feeding program, in the terms of article 19 of this law, territorial entities must ensure the continuity of the coverage achieved in the 2007 fiscal year financed from own resources, free investment and free resources for the participation of general purpose and educational quality resources of the Participation in education of the General System of Participations.
The National Government will regulate from the fiscal year 2009, the distribution of the resources of the General Budget of the Nation destined for the school feeding programs, prioritizing for the expansion of the coverage the achievement of universal coverage in the municipalities with the highest poverty rate, measured with the Unmet Basic Needs Index or the indicator to replace it determined by the DANE.
The ICBF will implement from the year 2009 a system of monitoring and monitoring of resources for school feeding in the official educational establishments in the country, which provides for the different sources, with the aim of monitor the coverage achieved and the efficiency in the use of the program resources. Territorial authorities and other actors shall report the information to be defined for the purpose of the deadlines and formats to be established in accordance with regulations issued by the National Government.
ARTICLE 17. DISTRIBUTION CRITERIA. The resources for school feeding will be distributed among the districts and municipalities, based on the following criteria:
1. 95% for equity, defined as the relative weight assigned to each territorial entity according to the registration of the previous term for which the distribution is carried out, certified by the Ministry of National Education, expanded by the Population dispersion and weighted by the Unsatisfied Basic Needs Index, or the indicator to replace it determined by the DANE.
2. 5% for efficiency, understood as the incentive for each territorial entity to reduce school dropout from one year to the next. For the purpose, the Ministry of National Education will adopt the mechanisms to obtain and certify the relevant information.
PARAGRAFO 1o. The spreading expansion will be performed only for the beneficiary territorial entities that are above the national dispersion. For the Archipelago Department of San Andrés, Providencia and Santa Catalina will take an average of the dispersion of the most dispersed municipalities in the country. The Social Conpes will define the respective methodology.
PARAGRAFO 2o. For the years 2008 and 2009, efficiency will be understood as the incentive for the territorial entity to maintain or increase the investment in school feeding with all the sources of investment, except for the special allocation of the SGP for school feeding, and shall be distributed on the basis of the equity indicator defined in this Article.
ARTICLE 18. ALLOCATION OF RESOURCES. The resources of the special allocation of the General System of Participations for School Feeding shall be used to finance the following activities, in accordance with the technical and administrative guidelines established by the Colombian Family Welfare Institute *:
a) Purchase of food;
b) Recruitment of staff for food preparation;
c) Food transport;
d) Menage, provision for the provision of the school feeding service and replenishment;
e) Toilet and fuel for food preparation;
f) Hiring with third parties for the provision of the school feeding service.
When the provision of the school feeding service is carried out directly by the beneficiary territorial entities, at least 80% of the resources of the special allocation for the School Feeding of the SGP will be allocated to the purchase of food. The remaining resources can be used for the other concepts described in literals (b), (c), (d) and (e) of this Article.
ARTICLE 19. FOCUS OF SERVICE DELIVERY. Focus is the responsibility of districts and municipalities, and will be carried out by the respective territorial authorities who, in accordance with the recommendations of the District Council and/or Municipal Social Policy, will select the official educational establishments, giving priority to those who tend to be displaced, rural and indigenous communities and educational establishments with the highest proportion of the population. population classified at levels 1 and 2 of the Sisben.
In each selected educational establishment, 100% of the students enrolled by grade will be progressively covered, according to the availability of resources, starting with the preschool and lower grades of primary. Once the coverage of the total preschool and primary population is ensured, the program can be continued with students from the sixth grade onwards, giving priority to the lower educational grades.
To make the selection of the beneficiary population, the Sisben information validated by the National Department of Planning and the registry will be taken. The departments shall supply, before 30 October of the year preceding the programming and implementation of the resources of the school feeding programme, the information on the registration of the non-certified municipalities in education.
PARAGRAFO. The expansion of quotas in the school feeding program that the territorial entities perform with resources other than the special allocation for school feeding of the General System Participations and those assigned by the Colombian Family Welfare Institute must be maintained on a permanent basis. In no case may there be an extension of hedges until the continuity of the resources to finance such an extension is ensured.
SPECIAL ALLOCATION FOR COASTAL MUNICIPALITIES OF THE MAGDALENA RIVER.
ARTICLE 20. ALLOCATION OF RESOURCES. The resources of the special allocation of the General System of Participations for the coastal municipalities of the Magdalena River will be used to finance, promote and implement projects related to reforestation includes revegetalization, protective reforestation and erosion control; wastewater treatment; and artificial flow management including recovery of river navigability, hydrology, flood management, navigable canal and design; purchase of land for the protection of river-associated micro-basins Magdalena.
GENERAL PURPOSE PARTICIPATION.
ARTICLE 21. Article 78 of Law 715 of 2001 will thus remain:
"Article 78. Target of the General Purpose Participation resources. The municipalities classified in the 4th, 5th and 6th categories may freely allocate, for investment or other expenses inherent in the operation of the municipal administration, up to forty-two percent (42%) of the resources they receive. for General Purpose Participation.
Of the total resources of the general purpose participation assigned to each district or municipality once the destination established for investment or other expenses inherent in the operation of the municipal administration has been discounted deals with the preceding paragraph and the corresponding allocation for municipalities under 25,000 inhabitants, defined in Article 43) or Legislative Act 04 of 2007, each district and municipality Four per cent (4 per cent) for sport and recreation, three per cent (3 per cent) for culture and ten percent (10%) for the National Pension Fund of Territorial Entities, Fonpet.
The remaining resources must be earmarked for investment, in development of the competencies assigned by law.
PARAGRAFO 1o. With the resources of the general purpose participation, the debt service originated in the financing of physical investment projects, acquired in the development of the competencies of the the municipalities. For the development of these projects, the resources of general purpose participation can be pledged.
PARAGRAFO 2o. With the free investment resources of general purpose and in-development participation of attention to vulnerable groups that treats item 11 of the item 76 of Law 715 of 2001, districts and municipalities may co-finance the expenses required to carry out direct support to families within the framework of the programmes designed by the Government National for overcoming extreme poverty. "
ARTICLE 22. GENERAL PURPOSE ASSIGNMENT FOR THE FONPET. For the case of the allocation to the Fonpet mentioned in the previous article, the Ministry of the Interior and Justice must send the National Planning Department the respective certification on the categories adopted by the districts and municipalities for the following period not later than 20 December of each year.
Based on this information, the National Planning Department, in making the distribution of the resources of the general purpose participation, will distribute the amount established for the Fonpet in the previous article. Once the distribution of the General System of Participations by the Social Conpes has been approved, these resources will be turned directly to the National Pension Fund of the Territorial Entities, with the same periodicity and opportunity provided for the resources of general purpose participation.
In case the category of a district or municipality cannot be certified by the Ministry of the Interior and Justice and is not in the categorization issued by the General Accounting Office of the Nation, the certified category will be considered for the above validity, and ultimately, the National Planning Department will proceed to estimate that category, which in this case will only have effects for the distribution of the percentage destined to the Fonpet treats the previous article.
Prior certification issued by the Ministry of Finance and Public Credit, excluded from the obligation to make the destination to the Fonpet provided for in the previous article, the departments, districts or municipalities, that are not passive pensional, and those within a liability restructuring agreement under Law 550 of 1999, or the rules that replace or modify it, as long as these resources are compromised in that restructuring agreement.
ARTICLE 23. Article 79 of Law 715 of 2001, will remain so:
"Article 79. The distribution criteria for the General Purpose Participation resources. The resources of the General Purpose Participation will be distributed as follows:
1. The 17% distributed among municipalities under 25,000 inhabitants, as follows:
a) 60% according to relative poverty. To this end, the poverty level of each municipality measured with the Unmet Basic Needs Index, NBI, or the indicator that replaces it determined by the DANE, in relation to the level of national relative poverty, shall be taken.
b) 40% in proportion to the urban and rural population. For this, the urban and rural population of the municipality will be taken in the respective currency and its share of the total urban and rural population of the country, according to the population data certified by the National Administrative Department of Statistics, DANE, which should take into account information on the displaced population.
2. 83% distributed among districts and municipalities, including the under 25,000 inhabitants, as follows:
a) 40% according to relative poverty. To this end, the degree of poverty in each district or municipality measured with the Unmet Basic Needs Index, NBI, or the indicator that replaces it determined by the DANE, in relation to the level of national relative poverty, shall be taken.
As a result of the above, the distribution indicator for each municipality and district will be the result of dividing its NBI among the NBI's summation of all the municipalities and districts of the country. This indicator for each municipality will be multiplied by the total amount of resources to be distributed by the relative poverty criterion;
b) 40% in proportion to the urban and rural population. For this, the urban and rural population of the district or municipality in the respective currency and its share of the total urban and rural population of the country will be taken, according to the population data certified by the National Administrative Department. Statistics, DANE, which should take into account information on the displaced population;
c) 10% for tax efficiency. Understood as the average per capita tax revenue growth of the last three fiscal vigencies. The information on the execution of tax revenues shall be that reported by the territorial entities and endorsed by the General Accounting Office of the Nation before 30 June of each year.
In any case, the resources allocated by this criterion cannot exceed 50% of what is assigned by the population and relative poverty criteria that the number 2 of this article deals with;
d) 10% by administrative efficiency in the rationalization of expenditure. Understood as the incentive for districts and municipalities to comply with the limits set for the operating expenses of the central administration that deals with Law 617 of 2000 or the rules that the modify, replace or add. The distribution indicator will be the difference between the limit established by Law 617 of 2000 and the percentage of operating expenses certified for each municipality and district, by the Comptroller General of the Republic. The General Accounting Office of the Nation shall be the entity responsible for certifying to the DNP, before 30 September of each year, the difference between the certified value to each municipality and district by the Comptroller General of the Republic and the limit corresponding to the corresponding Act 617 of 2000.
A percentage of the resources corresponding to this criterion may be distributed among the beneficiary territorial entities that they keep up to date, in accordance with the criteria indicated by the DNP, the Beneficiary Information System, Sisben, or the one who does his or her times, and/or who meet the goals and guidelines of policies prioritized by the National Government. For the effect the Social Conpes will define the corresponding methodology and inform the beneficiary territorial entities, the goals and guidelines prioritized to evaluate.
In any case, the resources allocated by the administrative efficiency criterion cannot exceed 50% of the amount allocated by the population and relative poverty criteria in the number 2 of this article.
PARAGRAFO. For the purposes of calculating the indicators for the distribution of the resources of the General Purpose Participation of the General System of Participations, related to efficiency, the Territorial entities comply, at least, with the national average of the respective indicator, provided there is favorable concept of the Ministry of Finance and Public Credit on the fulfillment of the respective Restructuring Agreement Liabilities and/or Fiscal and Financial Sanitation Program.
TRANSIENT PARAGRAPH. The Social Conpes may determine the transition for the full application of the distribution formulas for the resources corresponding to the fiscal and administrative efficiency of the participation of the General Purpose set forth in this article. "
GENERAL PROVISIONS.
ARTICLE 24. Article 94 of Law 715 of 2001 will thus remain:
"Article 94. Focalization of social services. Focus is the process by which social spending is guaranteed to be allocated to the poorest and most vulnerable population groups.
The Social Conpes, will define every three years the criteria and instruments for the identification, identification and selection of beneficiaries, as well as the criteria for the application of social expenditure by the territorial entities.
The National Government, through the National Department of Planning, will define the conditions of entry, suspension and exclusion of persons to the databases that are part of the aforementioned instruments, the information crosses necessary for its debugging and updating, as well as the guidelines for its implementation and operation, the design of the methodologies, the consolidation of the information at national level, the relevant quality controls; and monitor your implementation, maintenance, and upgrade. In the development of this attribution, the National Government, in special situations and with the objective of guaranteeing the effectiveness of the instruments of targeting, will be able to temporarily suspend its update in the country, with the exceptions to the place.
For the definition of the criteria for the discharge, suspension or exclusion of persons from the databases, account shall be taken of the application of the principles of transparency, equality and publicity of information, which is not protected constitutional or legal reserve, as well as the constitutional principles governing the administration of personal data, in accordance with the rules in force.
The territorial entities will have in charge their implementation, updating, administration and operation of the database, in accordance with the guidelines and methodologies established by the National Government.
In any case, territorial entities when making social investments, especially through the allocation of subsidies, must apply the criteria and instruments of targeting, defined by the Social Conpes. The different social programs of the national or territorial order, must define the way in which they will apply the criteria and instruments for the targeting, also contemplating the criteria of egress or cessation of the condition of beneficiaries that are relevant, depending on the objectives and impacts pursued.
Governors and mayors must take appropriate action to ensure that poor and vulnerable population groups have access to basic services. "
ARTICLE 25. PROVISION OF HEALTH SERVICES. amend Article 45 of Law 715 of 2001 in the following terms:
"Paragraph. The districts and municipalities that have not taken over the health services will be able to do so if they comply with the regulations that the government will issue for the purpose, and they will have the deadline defined by it. "
ARTICLE 26. DIFFERENTIATED COMPETENCES AND RESPONSIBILITIES. In the framework of the current framework of competences of the territorial entities and in order to take into account the heterogeneity of these, in terms of their administrative, fiscal and In accordance with the policies and particularities of each service, the Ministries may establish technical and administrative standards so that each territorial entity can efficiently assume the competencies assigned to it by the law, in a differentiated manner according to its capabilities. Based on this, the Ministries, together with the territorial entities, will be able to carry out an analysis of the capacities related to their sector.
Based on these standards and the joint capacity analysis, the territorial entities may agree with the Ministry of the provision in a joint or associated manner of those functions of the services in their capacity for which they do not have the required capacity.
PARAGRAFO. Ministries will be able to establish fiscal stimulus for municipalities, districts and departments that associate and/or establish strategic alliances for the provision of a given service that is competence, after evaluation of the compliance with targets and standards of efficiency, quality and coverage for each sector, in accordance with the regulation issued by the National Government.
ARTICLE 27. ADJUSTMENT OF THE GENERAL SYSTEM OF INTEREST RATES FOR INFLATION. For compliance with the provisions of the transitional paragraph 1 of Article 4or of the Legislative Act 04 of 2007, when inflation caused by the DANE certified to be different from the inflation with which the General Budget of the Nation was programmed, the Ministry of Finance and Public Credit, will calculate the positive or negative adjustment corresponding to the changes in the rate of inflation and will implement it in the programming of the next draft of the Annual Budget Law General of the Nation, which the National Government presents to the Congress of the Republic.
ARTICLE 28. ADJUSTMENT OF THE GENERAL SYSTEM OF PARTICIPATIONS FOR REAL GROWTH OF THE ECONOMY. For compliance with the provisions of the transitional paragraph 2 of Article 4or of the Legislative Act 04 of 2007, the Department of National Statistics, DANE, will certify to the Ministry of Finance and Public Credit, in the month of May of the following year, the real growth of the economy of the respective validity. Based on this certification, if the certified growth is greater than 4%, the Ministry of Finance and Public Credit will include the respective item in the next Annual General Budget Law Project, which the government National present for consideration of the Congress of the Republic.
PARAGRAFO. If the DANE definitively modifies the actual growth of the previously certified economy to the Ministry of Finance and Public Credit, the Ministry of Finance and Public Credit will calculate the adjustment. positive or negative corresponding and will apply it in the programming of the next Annual Draft of the General Budget of the Nation, which the National Government presents to the consideration of the Congress of the Republic.
ARTICLE 29. NEW ARTICLE. The transfer of the transfers provided for in the last paragraph of Article 17 of Law 715 of December 21, 2001, shall be made in the last ten (10) days of the month to which the transfer, and the territorial entities shall pay within two (2) days following the transfer of the Nation.
TRANSIENT PARAGRAPH. For the duration of 2008, the rotation must be performed on the first three (3) days of the month following the transfer. In the 2009 term, the corresponding turn for the month of December will be done as follows: a third party in the last ten (10) days of the year and the balance in the three (3) first days of the month following the transfer. In force 2010, the corresponding turn of the month of December will be rotated as follows: two thirds in the last ten (10) days of the year and the balance the three (3) first days of the month following the one that corresponds to the transfer. In all cases, the territorial entities shall pay within two (2) days following the transfer of the Nation.
ARTICLE 30. NEW ARTICLE. Paragraph 1 of Article 27 of Law 715 of 2001 will thus remain:
1 of Law 1294 of 2009. The new text is as follows: >
Educational Service Delivery: Certified Departments, Districts and Municipalities will provide the public service of education through the Official Educational System.
Only where there is insufficient evidence or limitations in the educational institutions of the Official Educational System may the provision of the educational service be contracted with non-profit, state or educational entities. (a) where the above is not sufficient, with a recognised track record and suitability, without the detriment of ensuring coverage and infrastructure in state educational services. The value of the benefit of the service financed from the resources of the general system of participations cannot exceed the allocation per student, defined by the Nation. Where the value is higher, the surplus shall be paid from the territorial entity's own resources, with the restrictions set out in this law.
When the provision of the service is contracted with non-state entities, the territorial entity shall ensure the attention of at least the complete cycle of basic education students.
Missionary Education Contracted and other forms of education that were being financed with resources from the Fiscal District, and the municipalities ' units in the National Revenue of the Nation will be able to continue financing with the General System of Participations resources.
ARTICLE 31. NEW ARTICLE. Administration Expenses. The National Government shall determine the percentage of transfers for the provision of the service which may be used to finance the administrative staff of education. This percentage must guarantee the cost of the approved administrative plant to the territorial entity at 30 November 2007; what exceeds the percentage point must be assumed by the territorial entity with its own resources.
ARTICLE 32. NEW ARTICLE. 276 of Law 1450 of 2011 >
ARTICLE 34. NEW ARTICLE. Add a paragraph 2 to Article 58 of Law 715 of 2001, as follows:
PARAGRAFO 2o. The orders of the employer contributions referred to in this article must be adjusted to the tax collection scheme provided for the Integral Social Security System. For this purpose, these resources will continue to be budgeted and accounted for without funds, and it will be understood that the Nation will tour them once they distribute them and deposit in the master accounts opened for this purpose, on behalf of the entities at the territorial level, in which they work as many sub-accounts as territorial-level employing entities and their decentralized entities are beneficiaries of the employer's contributions. From these sub-accounts the resources corresponding to each administrator of the System of Integral Social Security shall be debited and distributed electronically, once the employing entities comply with the obligations incumbent upon them in the field of information and about the turn of the discounts that you have made to your workers.
Each time three (3) monthly periods elapse without the employer having fulfilled its obligations in this field, the resource already rotated will be transferred to the corresponding administrators, in accordance with the regulation which issue for the effect. In any case, the legal representative of the entity would benefit from the shift of the employer's contributions and the officials responsible for the management and preparation of the information and disposition and turn of the resources to the respective master account in that entity, will incur a serious fault as pointed out in article 48 28) of the Single Disciplinary Code.
The payment of the contributions must be made until the last day of the corresponding month. The form, period and the opportunity in which the obligations laid down in this paragraph are to be fulfilled by the various entities involved, shall be determined by the rules of the National Government.
ARTICLE 35. ARTICLE NEW. 1 of Decree 2711 of 2008. The new text is as follows: > The resources of the General System of Participations rotated to the departments of Vichada, Guainia, Vaupes and Guaviare, with their respective municipalities, destined to provide health services of first level and prevention in health, they will be contracted exclusively with the existing public hospital network in the place, provided that they have the services available and these are provided in an efficient way with competitive and good quality. The Ministry of Social Protection may design follow-up plans for compliance with this standard.
ARTICLE 36. EFFECTIVE AND REPEALED. This law applies from 1 January 2008 and repeals any provisions that are contrary to it.
The President of the honorable Senate of the Republic,
NANCY PATRICIA GUTIERREZ CASTANEDA.
The Secretary General of the honorable Senate of the Republic,
EMILIO RAMON OTERO DAJUD.
The President of the honorable House of Representatives,
OSCAR GROVE PALACIO.
The Secretary General of the honorable House of Representatives,
ANGELINO LIZANO RIVERA.
COLOMBIA-NATIONAL GOVERNMENT
Publish and execute.
Dada in Bogotá, D. C., at December 27, 2007.
ALVARO URIBE VELEZ
The Minister of Finance and Public Credit,
OSCAR IVAN ZULUAGA ESCOBAR.
The Minister of Social Protection,
DIEGO PALACIO BETANCOURT.
The Minister of Environment, Housing and Territorial Development,
JUAN LOZANO RAMIREZ.
