The State Budget Law For 2008

Original Language Title: Ley del Presupuesto del Estado para el año 2008

Read the untranslated law here: http://www.parlamentocubano.cu/?documento=ley-del-presupuesto-del-estado-para-el-ano-2009

RICARDO ALARCÓN DE QUESADA, President of the Assembly national of the power people of the Republic of Cuba.

I do know: That the Assembly national of the power people of the Republic of Cuba, at the session of December 28, 2007, corresponding to the tenth ordinary period of sessions of the sixth legislature, has approved the following: whereas: Council of Ministers, in accordance with the provisions of article 98, paragraph e), of the Constitution of the Republic (, and in article 20 of the Decree-Law No 192 of the financial administration of the State, dated 8 April 1999, has drafted and presented the draft of State budget for the year 2008, for consideration by the National Assembly of people's power, as established in article 75, paragraph e), of the constitutional text.

AS: The project financially supports all programs prioritized the development economic and social of the country in the year 2008, reflecting the policy of the State and the will of our people, improve the work undertaken since the revolutionary triumph, with the purpose of improving their quality of life in correspondence increasingly with the recovery sustained the Cuban economy.

POR_TANTO: The National Assembly of the Popular power, use of the powers that are conferred in article 75, paragraph b), of the Constitution of the Republic, according to dictate the following: law NO. 103 law of the State for the year 2008 budget article 1.-the State budget for the fiscal year 2008, as it is stated in the following articles, runs from the first of January of the year 2008 through thirty and one of December of the same year.

Article 2.-The budget of the State for the year 2008 is conformed by revenues and current expenditures following: million PESOS revenue net total 39 167.0 tax 26 083.2 not 410.8 13 tax less: total returns (327.0): Capital income 963.2 income streams 38 203.8 741.0 41 total expenses expenses 121.0 38 streams for activity budgeted 30 199.0 for transfers to the business 5 722.0 to operations Financial Provision for disaster 2 000.0 200.0 surplus in OPERATIONS flows 82.8 cost of CAPITAL 3 000.0 less: Capital income (963.2) DEFICIT in CAPITAL (2 036.8) reserve 620.0 DEFICIT operations (2 574.0) article 3.-the budget deficit has the character of Max. When very exceptional reasons justify an increase of the budget deficit approved, will require prior authorization from the State Council, reporting that in his day, the National Assembly of people's power, for approval.

Article 4.-Bodies and agencies shall take measures ensuring that enterprises and budgeted units which are subordinated to them, promptly fulfil their obligations with the State budget and that, through the more rational use of material, human and financial resources available, strictly to match levels of budgetary expenditure which will be notified to them by the Ministry of finance and prices; they will control and evaluated monthly on its boards of direction the fulfillment of approved expenditure and revenue budgets and decide promptly the actions that correspond to avoid breaches of income and excess of expenses and, therefore, in each case affectations and needs for additional financial resources.

Article 5.-The Central budget for 2008, is conformed by income and expenditure following: million PESOS revenue net total 25 020.5 tax 13 533.9 non-tax 11 692.5 less: total returns (205.9): Capital income 963.2 594.7 27 current 24 057.3 total expenses income expenses 279.9 21 streams for activity budgeted 13 364.3 for transfers to the business 5 715.6 for financial operations 2 000.0 Provision for disaster 200.0 surplus in current operations
2 777.4 cost of CAPITAL 3 000.0 less: income Capital (963.2) DEFICIT on CENTRAL (2 036.8) reserve 587.8 budget surplus CAPITAL operations 152.8 less: transfers from the Social security budget 1 478.0 grants to local budgets 1 248.8 DEFICIT (2 574.0) article 6.-in the Central budget was nominalizan 600 million pesos to finance the losses of State-owned enterprises of national subordination provincial and municipal. The granting of the finance company, up to the limit of the global framework adopted, is decided by the benefits financial evaluation Committee, chaired by the Ministry of finance and prices, taking into account opinions emitting about every business needs maximum heads of the organs and agencies of the State and territorial commissions.

For this purpose, heads of the organs and bodies of the State should be based to the Ministry of finance and prices their demands by each company to subsidize losses in previous years or fiscal year underway. The financial resources that are approved to transfer by the concerned Committee are reported as a directive, as the limit of expenses and specific purpose by the Ministry of finance and prices to each organ or agency of the State, as appropriate.

Article 7.-the Central budget are transferred the necessary resources from the Social security budget to cover the excess of expenditures the State incurred to secure benefits, pensions, and retirement prescribed in the Act, the income obtained by the contribution they are forced legal and natural persons as set out in articles 53 54 and 56 of law No. 73, tax system, dated 5 August 1994.

Article 8.-The Social security budget is formed by income and running expenses following: million PESOS revenue 3 950.0 contribution to Social Security 2 472.0 transfers from the Central budget 1 478.0 950.0 3 expenditure item 9.1.-is set, for the fiscal year 2008, Fourteen percent (14 percent) as the rate of contribution to Social Security referred to in articles 53 and 54 of the Act No. 73 , Tax system, dated 5 August 1994.
The organs and agencies of the State, organizations of business management, State-owned enterprises, joint enterprises, budgeted units and other State entities, the basic units of cooperative production, political, social and mass organizations, as well as entities subordinate to such organizations, entering the State budget the twelve and a half percent (12.5 percent) of the tax rate to that referred to in the preceding paragraph.
One and a half per cent to contribute for this concept, which allocated (1.5) remaining, is at the disposal of the abovementioned obliged entities to pay the social security benefits short term workers who are linked to them.
The rest of the entities not listed above provide the tax rate established for each case.
Article 10.-Establishing the five per cent (5 per cent) as the rate of the special contribution to Social Security for workers who work at entities incorporated to business development and platform fleet activities, as well as others that are approved during the fiscal year 2008, in accordance with the provisions of the article 56 of law No.. 73 The tributary system, dated 5 August 1994 and resolution No. 247, on October 25, 2005, the Ministry of finance and prices.

Article 11.-Budgets provincial and Isla de la Juventud special municipality receive a participation in revenues of the Central budget, to cover up to thirty per cent (30 per cent) of its current expenditure of budgeted activity, calculated based on sales and circulation taxes and tax national subordination firms located in their territories. The percentages of participation are the following: percentages Pinar of the river 51.3 La Habana 38.1 city of the Havana 31.7 Matanzas 50.6 Villa Clara 44.2 Cienfuegos 51.7 Sancti Spiritus 65.1 blind of Avila 52.8 Camagüey 54.7 Las Tunas 60.7 Holguin 24.4 Granma 83.2 Santiago of Cuba 82.0 Guantanamo 96,0 island of the youth 78,0 article 12.1.-Central budget is transferred to the provincial budgets and the special municipality of Isla de la Juventud , the subsidy to cover the excess of current expenditures approved on participatory and assigned revenues planned, necessary to ensure sustainable economic and social development of the territories. The threshold to subsidize in each budget is as follows: million of PESOS Pinar of the Rio 11.1 La Habana 1.2 killings 30.1 Villa Clara 57.8 Cienfuegos 8.9 Sancti Spiritus 74.2 blind of Avila 28.2 Camagüey 127.7 Las Tunas 161,4 Holguin 193,3 Granma 320,5 Santiago of Cuba 307.7 Guantanamo 217,0 island of the youth 16.7 Havana City province that plan surplus of 307,1 billion pesos, brings this to the Central budget, deadlines and amounts fixed by the Ministry of finance and prices.
It empowers the Ministry of finance and prices so that, within the limit maximum total grant from the Central budget to local budgets set, perform reallocation between provinces, by circumstances duly informed, to secure the financial needs for economic and social development of the territories.

It empowers the Ministry of finance and prices, according to the changes of structure and subordination which can be adopted in the course of the fiscal year, with emphasis on Budgets transferred income and running expenses of provincial budgets and the Isla de la Juventud special municipality, to notify changes in its fiscal outcomes planned, provided that these do not cause an excess to the approved the State budget deficit.
Article 13.-The Central budget allocated to provincial budgets, and Isla de la Juventud special municipality, through transfers of specific target, the financial resources needed to support the decisions of the State during the fiscal year, which increase levels of spending approved in their budgets, provided that these can not be covered with cost savings.

Article 14.-The assemblies provincials of the Popular power determine, as appropriate, for each of its municipalities, the percentages of participation in the concepts of revenue in the Central budget have been established, ensuring that as a whole every provincial budget meets the participation established in article 11 of this law.
When the income receiving for participation in a municipality are not sufficient to cover thirty per cent (30 per cent) of its current expenditure of budgeted activity, the assemblies provincials of the people assigned the transfer required to cover this ratio.
 

 

Article 15.-Las assemblies provincials of the Popular power set maximum transfers of the provincial budget to municipal budgets per grant, to cover the excesses of current expenditure approved planned transferred and equity income.

Article 16.-the Central budget is transferred funding for Capital costs to provincial budgets, in accordance with the decisions taken in the course of the fiscal year and then approved the Investment Plan by the Ministry of economy and planning. The budget of each province is assigned to municipal budgets funding that corresponds.

Article 17.-The bodies of the Central Administration of the State and the advice of the administration of the provincial assemblies and municipal of the power Popular, approve and check the compliance of programmes for budgetary verification entities that are subordinate to them, to ensure compliance with planned revenues of budgeted units to the State budget, and the efficient and effective use of budget resources allocated , in accordance with established for this purpose by the Ministry of finance and prices.

Article 18.1 - The national Office of tax administration organizes and performs the necessary actions to ensure greater discipline in the timely payment of taxes and other non-tax revenues, both individuals and companies, in order to ensure the financial resources provided for in the State budget, through the strengthening of tax audits.
The organs and agencies of the State must strengthen and improve its work to combat the illegal exercise of productive activities and provision of services, by legal and natural persons, contributing to greater social discipline and the increase of the income of the State.
ONLY special provision: The Ministry of finance and prices, as rector of public finance in the country, and the Central Administration of the State Agency will dictate how many supplementary provisions are necessary for the better enforcement of the provisions of this law.

PROVISIONS to end first: The Ministry of finance and prices is authorized, on the basis of the total income and expenditure of the budget 2008, established by this law in its article 2, to notify the budget of income and expenditure fixed to every organ and body of the State, as well as organizations and associations linked to the Central budget, setting spending limits with managerial character matching and allocation procedures execution and control that ensure increased efficiency in the budgetary implementation process.

Second: The organs and agencies of the State, as well as organizations and associations linked to the Central budget, on the basis of the budgets of expenditures reported by the Ministry of finance and prices, reported and use these in their respective systems and ensure, through the rational use of financial resources in the budgeted activities and higher levels of economic efficiency in business activities that budgeted units and enterprises comply with assigned spending limits, unless the planned levels of production and services affect, essentially.

Third: Maximum heads of the organs and agencies of the State, enterprises and budgeted them subordinate and units of organizations, associations and other institutions related to the budget, are responsible for the Administration and control of the implementation of the budgets that are notified by the Ministry of finance and prices, as established by the first Final provision of this law , and are obliged to adjust its execution to the limits established them.

Fourth: The Ministry of finance and prices alone may modify the budget reported as the limit to the bodies and agencies, and organizations and associations linked to the Central budget, when the increase of these responds to decisions of the Council of State and the Council of Ministers not provided for in the planning process.

Fifth: Is it delegated to the Ministry of finance and prices so that, during the execution of the State budget, making the adjustments in the different areas of expenses and income, arising from decisions of the Council of State and the Council of Ministers, provided that does not increase the Budget Deficit set in article 2 of this law.

Sixth: Are they repealed many laws and regulatory provisions is contrary to provisions of this law, which will begin to run from the first of January of the year 2008.

 

 

GIVEN in the Chamber of the National Assembly of the Popular power, Palacio de las Convenciones, in the city of Havana, twenty-eight days of the month of December two thousand and seven.