Document: State Budget Law for the year 2003
Type of document: Law
Date of issue: 21/12/2002
Number of Legal Instrument: 96
Broadcaster: National Assembly of People's Power
Date of entry to the repository: 21/06/2016
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 : May the National Assembly of People's Power, in the session of December 21, 2002, corresponding to the Tenth Regular Session of the Fifth Legislature, in accordance with the provisions of Article 75 (b) of the Constitution of the Republic, 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 in Article 20 of Decree Law 192 of the State Financial Administration, dated April 8, 1999, have prepared and presented the Draft State Budget for the year 2003, to the consideration of the National Assembly of the People's Power for discussion and approval, as provided for in Article 75 (e) of the aforementioned constitutional text and the Decree Law.
AS REGARDS : The project presented, even in the difficult conditions in which the national economy will develop, arising from the impact of the global crisis, in the midst of the sustained economic blockade against our country and the climatic effects, to the directives aimed at continuing to strengthen fiscal policy and to fulfill the demands of social policy, whose fundamental purpose is the satisfaction of the needs of the citizens through state programs of high priority with a fair and equitable distribution of financial resources.
AS REGARDS : The National Assembly of People's Power, in use of the powers conferred on it in Article 75 (b) of the Constitution of the Republic, agrees to issue the following:
ACT NO. 96
THE LAW OF THE STATE BUDGET FOR 2003
Article 1.-The State Budget for the fiscal year 2003, which is stated in the following articles, shall apply from the first of January until 31 December 2003.
ARTICLE 2.-The State Budget for the year 2003 shall be made up of the following revenue and expenditure:
MILLIONS OF PESOS
TOTAL REVENUE 17 226.0
Tributaries 13 396.0
Non-tributaries 3 830.0
From the Total: Capital Revenue 392.0
CURRENT REVENUE 16 834.0
TOTAL EXPENDITURE 18 300.0
CURRENT EXPENDITURE 16 600,0
For the Budget Activity 12 585.0
For Transfers to the Productive Sector 3 365.0
For Financial Operations 450.0
Reserve 200,0
SURPLUS IN CURRENT OPERATIONS 234.0
CAPITAL EXPENDITURE 1 700,0
Less: Capital Revenue 392.0
CAPITAL OPERATIONS DEFICIT (1 308, 0)
DEFICIT (1 074, 0)
Article 3.-The budget deficit may not be increased. Where exceptional situations entail an increase in the budget deficit, the approval of the State Council shall be required.
ARTICLE 4.-The expenses arising from the approval of laws or decree-laws, enacted during the fiscal year, will be 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 must 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 Preposition for the year 2003 will be secured, as a priority.
ARTICLE 6.-The Central Budget for the year 2003 shall be made up of the following revenue and expenditure:
MILLIONS OF PESOS
TOTAL REVENUE 11 302.0
Tributaries 8 616.0
Non-tributaries 2 686.0
From the Total: Capital Revenue 392.0
CURRENT REVENUE 10 910.0
TOTAL EXPENDITURE 10 301.0
CURRENT EXPENDITURE 8 601.0
For the Budget Activity 4 621,0
For Transfers to the Productive Sector 3 360.0
For Financial Operations 450.0
Book 170.0
SURPLUS IN CURRENT OPERATIONS 2 309,0
CAPITAL EXPENDITURE 1 700,0
Less Capital Revenue 392.0
SURPLUS CENTRAL BUDGET 1 001.0
Less: Transfers to Social Security Budget 650.0
Grants to Local Budgets 1 425.0
DEFICIT (1 074, 0)
ARTICLE 7.-From the Central Budget, financial resources shall be transferred to subsidize losses in the State-owned enterprises subordinated to the agencies of the Central Administration of the State and up to the limits set out in the Annex to this Law, which is an integral 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, comply in good time with their obligations to the budget and that the more rational use of the the material, human and financial resources available to them, strictly conform to 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 by each bear 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 to guarantee the pensions and pensions prescribed in Law 24, Social security, dated 28 August 1979 and other provisions laid down for that purpose, on the revenue to be obtained from the contribution to which legal and natural persons are required, as provided for in Articles 53, 54 and 56 of 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 2050.0
*Contribution to Social Security 1 400.0
*Transfers of the Central Budget 650.0
EXPENSES 2 050.0
ARTICLE 11.-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 Tax, dated August 5, 1994.
The organs and agencies of the State, enterprises, associations of undertakings, budgeted units and other state entities, the basic units of cooperative production, political, social and mass organizations, as well as the subordinate companies such organisations shall only enter the budget of 12% (12%) of the tax rate referred to in the preceding paragraph.
The remaining two per cent (2 per cent) will be made available to those entities which are obliged to contribute to this concept, which will be used to pay for the short-term social security benefits of the workers who are linked, as regulated by the Ministry of Finance and Prices.
The remaining entities not mentioned above will continue to contribute to the tax rate established for each case.
Article 12.-Five percent (5 percent) is established as the tax rate of the Special Contribution to Social Security for workers who work in entities incorporated in the business development and in the activities of the (a) a platform fleet, as well as in others which, during the implementation of the 2003 fiscal year, are approved; in accordance with Article 56 of Law No 73 of the Tax System dated 5 August 1994 and Resolution 16 of Date 2 July 1999 of the Ministry of Finance and Prices.
ARTICLE 13.-The provincial and special municipality budgets of the Youth Island will receive participative income, applying to the collection of their respective territories, by the concepts of income to the Central Budget that expressly determines the Ministry of Finance and Prices, the following percentages:
Two percent (2 percent): Ciudad de La Habana.
Ten percent (10 percent): Villa Clara; Cienfuegos; Ciego de Avila and the Special Municipality Isle of Youth
Fifteen percent (15 percent): Pinar del Rio; Havana; Matanzas; Sancti Spiritus; Camaguey; Holguin and Santiago de Cuba.
Twenty percent (20 percent): The Tunas; Granma and Guantanamo
ARTICLE 14.-The Central Budget shall be transferred to the provincial budgets and to the budget of the Special Municipality of the Youth Island, the grant to cover the excess of the current expenditure approved on the assigned revenue and Planned participative activities, 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 96.1
Havana 2.5
Ciudad de La Habana 35.9
Matanzas 35.4
Villa Clara 86.8
Cienfuegos 49.2
Sancti Spiritus 70.2
Ciego de Avila 35.7
Camaguey 154.6
The Tunas 1114.2
Holguin 165.2
Granma 190.3
Santiago de Cuba 220.0
Guantánamo 148.0
Isle of Youth 20.4
The Ministry of Finance and Prices are empowered to allow, within the total ceiling of the Central Budget grant to all local budgets, reallocations between provinces due to due circumstances. (a) to ensure financial needs for economic and social development.
Article 15.-The Ministry of Finance and Prices are authorized to evaluate and implement the necessary procedures to ensure a more equitable distribution of income between the Central Budget and the provincial and municipal budgets. Special Island of Youth, in correspondence with the development of each territory and the economic and social tasks and programs entrusted to them.
ARTICLE 16.-The Central Budget shall allocate, in accordance with Article 3 of this Law, the provincial and Special Municipality budgets, by means of Specific Destination Transfers, financial resources necessary to support the decisions of the central government adopted during the fiscal year, which increase the levels of public expenditure approved in their budgets, provided that they cannot be covered with the overlaid income and participative income to be obtained.
Article 17.-The provincial assemblies of the People's Power will determine for each of their municipalities the percentages of participation in the concepts of income to the Central Budget that have been established; and they will ensure that in their entirety the Provincial budget shall comply with the participation defined in this Law in Article 3.
ARTICLE 18.-The provincial assemblies of the People's Power will set 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 19.-The provincial and municipal assemblies of the People's Power will ensure that their Boards of Directors continue to work to improve the outcome of the planned revenue and participations and current expenses. approved in their respective budgets.
ARTICLE 20.-From the Central Budget, the financing for Capital Expenditure will be 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 of Investments by the Ministry of Economy and Planning, once deducted the amount of capital income and other decentralized resources to the provincial and municipal subordination companies. The budget of each province will be transferred, under the same conditions, to the municipal budgets, the corresponding financing.
ARTICLE 21.-The National Office of Tax Administration will organize and continue to apply the necessary actions to ensure the greatest discipline in the timely payment of taxes and other non-tax revenues, both from natural persons as legal, in order to ensure the revenues provided for in the State Budget, and to strengthen the inspections and fiscal audits.
Similarly, the other bodies and bodies shall strengthen and improve their inspection efforts to combat the illegal exercise by legal and natural persons of productive activities and the provision of services, and shall contribute to this greater social discipline and an increase in state revenues.
FINAL PROVISIONS
FIRST : The Ministry of Finance and Prices is authorized to, on the basis of the total expenditure of the 2003 Budget approved by this Law in its Article 2, notify the budget of approved expenditure to each organ and agencies of the State, as well as to the organizations and associations linked to the Central Budget; and setting the limits of expenditure with a corresponding managerial character.
SECOND : The organs and agencies of the State, as well as the organizations and associations linked to the Central Budget, from the budgets of expenditure notified by the Ministry of Finance and Prices, will disaggregate the same in their respective systems; and ensure 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 Ministry of Finance and Prices is in charge of the administration and control of the execution of the State Budget for which it may dictate how many additional provisions are necessary for the best compliance with the provisions of the this law, without prejudice to the responsibility of the heads of the bodies, bodies, undertakings and the budget units; those who are obliged to remain within the limits assigned to them.
FOURTH : The Ministry of Finance and Prices will only be able to modify the budget of expenditure notified as a limit to the organs and agencies, and organizations and associations 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 to the different costs and revenues resulting 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 2003.
DADA In the Chamber of the National Assembly of the People's Power, the Convention Palace, in the city of Havana, at the twenty-one day of the month of December 2002. "Year of the Heroes Prisoners of the Empire."
ANNEX
MAXIMUM LOSS LIMIT TO BE USED FOR COMPANIES SUBORDINATED TO CENTRAL GOVERNMENT BODIES:
MILLIONS OF PESOS
TOTAL FOR BODIES
Ministry of the Sugar Industry 80.0
Ministry of Agriculture 192.0
Ministry of Industry Sideromechanics 3.0
Ministry of Light Industry 7.8
Ministry of the Fisheries Industry 4.9
Ministry of Transport 13.7
