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The State Budget Law For The Year 2004

Original Language Title: Ley del Presupuesto del Estado para el año 2004

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State Budget Law for the year 2004



Document: State Budget Law for the year 2004
Type of document: Law
Date of issue: 23/12/2003
Number of Legal Instrument: 98
Broadcaster: National Assembly of People's Power
Date of entry to the repository: 27/06/2016
Source:
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RICARDO ALARCON DE QUESADA , President of the National Assembly of the People's Power of the Republic of Cuba.

I DO KNOW That the National Assembly of the People's Power of the Republic of Cuba, in the session of December 23, 2003, corresponding to the Second Regular Session of the Sixth Legislature, has approved the following:

AS REGARDS : The Council of Ministers, in compliance with the provisions of Article 98 (e) of the Constitution of the Republic, and Article 20 of Decree-Law 192 of the State Financial Administration, dated April 8, 1999, has prepared and presented the Draft State Budget for the year 2004, to the consideration of the National Assembly of People's Power, as provided for in Article 75 (e) of the constitutional text.

AS REGARDS : The project presented reflects the policy of our State and the will of our people, to continue building a socialist society for man and man, despite the difficult conditions and tensions to which he continues to be subjected. our economy, especially because of the unjust blockade that the government of the United States of America has on our country.

FOR TANK : The National Assembly of People's Power, in use of the powers conferred upon it in Article 75 (b) of the Constitution of the Republic, agrees to issue the following:

ACT NO. 98

STATE BUDGET LAW FOR THE YEAR 2004

Article 1. The State Budget for the fiscal year 2004, as set out in the following Articles, shall apply from 1 January 2004 to 31 December of the year itself.

ARTICLE 2. The State Budget for the year 2004 shall be made up of the following revenue and expenditure:

MILLIONS OF PESOS

TOTAL REVENUE 19 512.0

Tributaries 15 118.0

No Tax 4 744.0

MILLIONS OF PESOS

Less: Returns 350.0

Of the total: Revenue of Capital 425.0

REVENUE STREAMS 19 087.8

TOTAL EXPENDITURE 20 661.0

CURRENT EXPENDITURE 18 261.0

For the Budget Activity 14 045.0

For Transfers to the Sector

Productive 3 566.0

For Financial Operations 450.0

Reserve 200.0

SURPLUS IN OPERATIONS

CURRENT 826.0

CAPITAL EXPENDITURE 2 400.0

Less: Capital Revenue 425.0

DEFICIT IN OPERATIONS

OF CAPITAL (1 149.0)

DEFICIT (1 149.0)

Article 3. The budget deficit cannot be increased. Where exceptional situations entail an increase in the budget deficit, the approval of the State Council is required.

ARTICLE 4. -Expenditure resulting from the approval of laws or decree-laws, enacted during the fiscal year, are incorporated into the current budget. When such laws or decree-laws generate expenses that cannot be assumed with the created reserve, the new sources of financial resources to cover this imbalance will be specified in those legislations.

Article 5-The resources for the productions and services that constitute the most significant sources of the revenue provided for in the budget for the year 2004 are guaranteed.

ARTICLE 6. The Central Budget for the year 2004 is made up of the following revenue and expenditure:

MILLIONS OF PESOS

TOTAL REVENUE 11 966.4

Tributaries 8 800.3

No Tax 3 516.1

Less: Returns 350.0

Of the total: Revenue of Capital 425.0

CURRENT REVENUE 11 541.4

TOTAL EXPENDITURE 11 768.3

CURRENT EXPENDITURE 9 368.4

For the Budget Activity 5 194.8

For Transfers to the Sector

Producto 3 557.4

For Financial Operations 450.0

Reserve 166.2

SURPLUS IN OPERATIONS

CURRENT 2 173.0

CAPITAL EXPENDITURE 2 400.0

Less: Capital Revenue 425.0

MILLIONS OF PESOS

BUDGET SURPLUS

CENTRAL 198.0

Less: Transfers to the Budget

of Security

Social 659.0

Grants to the

Local Budgets 688.0

DEFICIT (1 149.0)

ARTICLE 7-Of the Central Budget, financial resources shall be transferred to subsidize losses in the State-owned enterprises subordinated to the State Central Administration agencies up to the limits set out in the Annex to this Law and that is part of it.

Article 8-The bodies and bodies shall take the measures to ensure that the undertakings and the budget units which are subordinate to them are in good time complying with their obligations under the budget and that the most rational use of the the material, human and financial resources available to them, are strictly in line with the levels of budgetary expenditure that will be notified to them by the Ministry of Finance and Prices; systematically monitoring compliance with the the budgets approved and deciding on the actions to be taken in each case to avoid excesses and, therefore additional needs for financial resources.

ARTICLE 9.-From the Central Budget, the necessary resources will be transferred to the Social Security Budget to cover the excess of the expenses incurred by the

State in order to guarantee the benefits, pensions and pensions prescribed in the law, on the income obtained by the contribution to which legal and natural persons are required, as provided for in Articles 53, 54 and 56 of the Law 73, Of The Tax System, dated August 5, 1994.

ARTICLE 10. The Social Security Budget is made up of the following revenue and expenditure:

MILLIONS OF PESOS

Revenue 2 159.0

Contribution to Social Security 1 5000.0

Transfers from the Central Budget 659.0

Expenditure 2 159.0

Article 11.1. -14 percent (14 percent) is established as a tax rate, to all entities that employ the beneficiaries of the Social Security contribution referred to in Articles 53 and 54 of Law No. 73 of the System Tax, dated August 5, 1994.

  1. The organs and agencies of the State, higher organizations of business management, companies, unions of companies, budget units and other state entities, the basic units of cooperative production, political, social organizations and the masses, as well as the entities subordinate to these organizations, will only enter the State Budget of the twelve and a half percent (12.5 percent) of the tax rate referred to in the previous paragraph.
  2. The remaining one and a half percent (1.5 percent) remain at the disposal of the above mentioned entities to contribute to this concept, which will be used for the payment of the short-term social security benefits of the workers who are linked to them.
  3. The economic benefit granted to the working mothers during the pre and post-natal leave is carried out, from the present fiscal year, with resources from the Social Security Budget, in accordance with the provisions of the Decree-Law No. 234, dated August 13, 2003, of the State Council and Resolution No. 22 dated October 23, 2003, of the Ministry of Labor and Social Security.
  1. The remaining entities not mentioned above continue to contribute according to the tax rate established for each case.

Article 12. -Five percent (5 percent) is established as a tax rate for the special contribution to Social Security for workers who work in entities incorporated in the business development and in the activities of the platform fleet, as well as in others that during the execution of the fiscal year 2004 are approved, in accordance with the provisions of article 56 of Law No. 73, of the Tax System, dated August 5, 1994 and Resolution 16 of date 2 July 1999, from the Ministry of Finance and Prices.

ARTICLE 13. -Provincial and Special Municipality budgets receive a share of the revenue from the Central Budget to cover up to twenty percent (20 percent) of its current expenditure. the budget, calculated on the basis of the circulation and profit tax of the national subordination companies located in their territories. The percentages of participation are as follows:

Percentages

Pinar del Rio 53

Havana 0

Ciudad de La Habana 1

Killings 21

Villa Clara 41

Cienfuegos 58

Sancti Spiritus 64

Ciego de Avila 48

Camaguey 49

The Tunas 73

Holguin 37

Granma 75

Santiago de Cuba 64

Guantánamo 82

Island of Youth 55

ARTICLE 14.1. -From the Central Budget, it will be transferred to the provincial budgets and to the budget of the Special Municipality of the Youth Island that require it, the grant to cover the excess of the current expenditure approved on the income Planned and participatory, necessary to ensure the sustainable economic and social development of the territories. The ceiling to be subsidised in each budget is as follows:

MILLIONS OF PESOS

Pinar del Rio 21.3

Villa Clara 7.5

Sancti Spiritus 37.8

Camaguey 71.8

The Tunas 51.1

Holguin 136.9

Granma 127.7

Santiago de Cuba 145.3

Guantánamo 135.4

Isle of Youth 11.6

  1. The provinces of Havana, Ciudad de La Habana, Matanzas, and Ciego de Avila, which are planning a surplus, contribute these to the Central Budget, within the deadlines and amounts to be set by the Ministry of Finance and Prices.
  2. The Ministry of Finance and Prices are empowered to carry out reallocations between provinces, due to duly substantiated circumstances, within the total ceiling of the grant of the Central Budget to the whole of the local budgets. to ensure financial needs for economic and social development.

ARTICLE O 15.-The Central Budget assigns, in accordance with the provisions of Article 3 of this Law, the provincial budgets and the Special Municipality Island of Youth, by means of transfers of specific destination, financial resources necessary to support central government decisions taken during the fiscal year that increase the levels of public expenditure approved in their respective budgets, provided that they cannot be covered with cost savings or with an over-implementation of revenue and equity.

ARTICLE 16.-The provincial assemblies of the People's Power determine for each of their municipalities the percentages of participation in the concepts of income to the

Central budget that have been established, ensuring that as a whole the provincial budget complies with the participation that is defined in article 13 of this Law.

ARTICLE 17.-The provincial assemblies of the People's Power fix the maximum transfers from the provincial budget to the municipal budgets for the grant, to cover the excess of current expenditure approved, on the income Planned and participatory.

ARTICLE 18.-The boards of the provincial and municipal assemblies of the People's Power will work to improve the outcome of the planned revenue and participations and the current expenditure approved in their respective offices. budgets.

ARTICLE 19. -From the Central Budget, the necessary financing for capital expenditures is transferred to the provincial budgets, in accordance with the decisions to be taken in the course of the fiscal year and after the approval of the plan. The Ministry of Economy and Planning, once deduced the amount of capital income and other decentralized resources to the provincial and municipal subordination enterprises. From the budget of each province, the corresponding financing is allocated to the municipal budgets.

Article 20.1. -The National Office of Tax Administration organizes and executes the necessary actions to ensure the greatest discipline in the timely payment of taxes and other non-tax revenues, both natural and legal persons, to ensure the revenue provided for in the State Budget, strengthening the tax inspections and audits.

  1. Likewise, the other organs and agencies of the State must strengthen and improve their inspection efforts to combat illegal activity by legal and natural persons, productive activities and services, contributing to the It is a way of greater social discipline and an increase in state revenues.

SPECIAL ARRANGEMENT

UNICA : The Ministry of Finance and Prices, as the Central State Administration body and rector of the budget function in the country, will dictate how many additional provisions are necessary for the best compliance with the provisions of the Law.

FINAL PROVISIONS

FIRST: The Ministry of Finance and Prices is authorized, on the basis of the total expenditure of the 2004 Budget approved by this Law in its Article 2, to notify the budget of approved expenditure to each organ and body of the State, as well as to the organizations and associations linked to the Central Budget, setting the limits of expenditure on the basis of which they correspond.

SECOND : The organs and agencies of the State, as well as the organizations and associations linked to the Central Budget, based on the budgets of expenditure notified by the Ministry of Finance and Prices, will disaggregate the same in their respective systems, ensuring that, through the rational use of financial resources in the budgeted activities and higher levels of economic efficiency in business activities, the budgeted units and the enterprises are adjusted to the the limits of the expenditure allocated, without affecting the levels of production and supply at the core of scheduled services.

THIRD: The heads of the organs and agencies of the State Administration, the companies and units budgeted to them subordinate and the organizations, associations and other institutions linked to the budget are the most responsible. the administration and control of the execution of the budgets notified to them by the Ministry of Finance and Prices, as established by the Final Disposition First, of this Law, and are in the obligation to remain within the limits to be established.

FOURTH : The Ministry of Finance and Prices can only modify the budget of expenditure notified as a limit to the bodies and agencies, and organizations linked to the Central Budget, when the increase of the same responds to new decisions of a central nature.

QUINTA : It is delegated to the Ministry of Finance and Prices so that, during the execution of the State Budget, it will make adjustments in the different expenditure and revenue actions, which are derived from decisions of the State Council and the Council of Ministers, provided that the budget deficit set out in Article 2 of this Law is not increased.

SIXTH : It shall be repealed as many laws and regulations shall be contrary to the provisions of this Law, which shall begin to apply from 1 January 2004.

DADA in the Chamber of the National Assembly of the People's Power, Palace of the Conventions, in the city of Havana, at the twenty-three days of the month of December 2003.

ANNEX

MAXIMUM LIMIT OF LOSSES TO BE USED TO SUBSIDIZE COMPANIES SUBORDINATED TO THE ORGANS AND AGENCIES OF THE STATE ADMINISTRATION

MILLIONS OF PESOS

Total by Organisms

Ministry of the Sugar Industry 150.0

Ministry of Agriculture 186.7

Ministry of Construction 261.8

Ministry of Basic Industry 36.2

Ministry of Industry Sideromechanics 21.0

Ministry of the Fisheries Industry 21.3

Ministry of Transport 22.0

Ministry of the Light Industry 7.9

The allowance for losses provided for in this Law for the local organs of the People's Power is made up by the Ministry of Finance and Prices as the limit of expenditure at the time of notification of the respective provincial and municipal budgets. Special Isle of Youth.