Act No. 112/An/15/7Th Bearing The Correctional Budget For The Year 2015.

Original Language Title: Loi N° 112/AN/15/7ème L portant budget rectificatif de l'Etat pour l'exercice 2015.

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Act No. 112/AN/15/7th L bearing the State's correctional budget for the fiscal year 2015.

NATIONAL ASSEMBLEE A ADOPTETHE PRESIDENT OF THE PROMULGUE REPUBLICI'll tell you what.




VU The Constitution of 15 September 1992;
VU Constitutional Law No.92/AN/10/6th L of 21 April 2010 revising the Constitution;
VU Law No.107/AN/00/4 L of 29/10/2000 on the Laws of Finance; VU Finance Act No. 108/AN/00/4th Amendments to the General Tax Code (indirect tax);
VU The Law of Finance Additive n°16/AN/08/6th The exemption from basic food ICT;
VU Law No.53/AN/14/7th L of June 23, 2014 organizing the Ministry of Budget;
VU Finance Act No. 82/AN/14/7th The budget of the State for the 2015 fiscal year;
VU Act No.33/AN/13/7th L of 20 January 2014 regulating the import, storage, transport and distribution of hydrocarbons;
VU Law No. 61/AN/14/7th The establishment and maintenance of emergency stocks of petroleum products;
VU Decree No.2013-0044/PRE of 31 March 2013 appointing the Prime Minister;
VU Decree No.2013-0045/PRE of 31 March 2013 appointing members of the Government;
VU Decree No.2013-0058/PRE of 14 April 2013 establishing the powers of members of the government;
VU Decree No.2012-244/PR/MEFIP of 12 November 2012 on the adoption and application of the budget nomenclature of the State;
VU Order No.2001-0224/PR/MEFPP adopting and implementing the State Accountant Plan;
VU Order No.2001-0096/PR/MEFPP of 26 May 2001 adopting and implementing the Treasury Plan for the State Budget;
VU Order No.2011-217/PR/MEFIP dated 23 November 2011 amending Decree No.96-0147/PR/MFEN on compensation, administrative housing and benefits in kind;
VU Decree No. 2011-055/PR/MJSLT, which organizes and operates “the National Sport Training Institute”;
VU Decree No.2013-355/PR/MET on the organization and operation of the Djibouti Road Agency (ADR);
VU Order No.2014-244/PR/MD establishing the organization and operation of the Armies Hospital;
VU Order No.2015-153/PR/MERN of 18 May 2015 defining the terms and conditions for the licensing of hydrocarbon import, storage, transport and distribution activities,VU Circular No. 492/PAN of 21/11/2015, convening the first public session of the 2nd Ordinary Session of the year 2015/2016;
The Council of Ministers heard in its meeting of 06/10/2015.


Article 1: The revenues and expenses of the State, as well as the related operations, will be paid for the year 2015, in accordance with the provisions of this Finance Act.


Article 2: The collection of taxes, taxes, royalties and products of all kinds allocated to the State budget will be carried out in 2015 in accordance with the existing legislative and regulatory provisions.



PART I

PROVISIONS RELATING TO RESOURCES,
TO CHARGES AND EQUILIBRE


Article 3: The state budget is presented in equilibrium and decreed in income and expenditure to a total of one hundred thirty two billion two hundred four twenty two million eight hundred thirty seven thousand francs (132.282.837.000 FD).


Article 4 : The resources, detailed in accordance with the budget document annexed to this Act, are as follows:


GENERAL



Party


Title


Nomenclature


LFI 2015


Reduction


Increase


LFR 2015


0


....


Current income

127.139.417



5.143.420

132.282.837



1


Tax revenues

59.196.147




59.196.147



2


Social contributions

0



0



3


Donations


28.127.050


4.352.000



23.775.050



4


Other income


26.230.936




4.354.420


30.585.356


1


...


Assets No Financial


1.111.284




1.111.284



1


Fixed assets


24.000




24.000



4


Non-productive assets


1.087.284




1.087.284


2


...


Financial assets


12.474.000



5.141.000


17.615,000



Party



Title



Nomenclature



LFI 2015



Reduction



Increase



LFR 2015



1


Inners (credit)


5.902.000



5.141.000


11.043.000



2


Exterior (credit)


6.572.000





6.572.000


0


....


Total General income


127.139.417


5.143.420


132.282.837
  • Monetary unit expressed in thousands of Djibouti Francs.



Article 5: Expenses, as detailed in the budget document annexed to this Act, are as follows:




GENERAL CHARGES




Party

Title

Nomenclature

LFI 2015

Reduction

Increase

LFR 2015


0

...

Current costs

70.525.442


2.223.077

72.748.519




1

Compensation of employees

27.602.557

31.178


27.571.379


2


Use of goods and services

22.555.555


2.587.112

25.142.668



3

Interest

3.389.285

192.820


3.196.464



4

Grants

172.216



172.216




5

Donations

8.256.421


615.133

8.871.554


Party

Title

Nomenclature

LFI 2015

Reduction

Increase

LFR 2015




6

Social benefits

4.739.493

492.000


4.247.493



7

Other charges

3.797.115

580,000


3.217.115



8

Budgetary reserves (Expected expenditures)

12.800


316.830

329.630


1

...

Assets No Financial

34.171.439


2.767.132

36.938.571



1

Fixed assets

30.682.488


2.924.132

33.606.621



2

Stocks

3.288.000

157.000


3.131.000



4



Non-productive assets


196.000



196.000


2


....

Financial assets

22.442.536


153.211

22.595.747



1

Interior

12.560.898

220.190


12.340.707



2

Exterior

9.881.638


373.402

10.255.040




Total General Expenditures

127.139 417



5.143.420

132.282.837
  • Monetary unit expressed in thousands of Djibouti Francs.














PART II

PROVISIONS RELATING TO RECETTES


- Direct taxation -


Article 6: All provisions relating to sections 6 to 33 included in the Finance Act No. 82/AN/14/7Third L and which correspond to Direct Taxation, remain and remain strictly applied.



– Indirect Taxation –

"Customs Code"

Article 7: Article 93 of the Customs Code is amended to read:

(1) The detailed declaration is the single electronic customs declaration called "COMESA single administrative declaration (DD-COM)". It is supported by the Customs IT system "SYDONIA WORLD".

(2) The detailed declaration contains all the necessary indications for the application of customs and tax measures and for the establishment of foreign trade statistics.

(3) It is signed by the owner or by the customs declarant or by the customs commissioner.

4) An order made in Council of Ministers on the proposal of the Minister of Budget shall determine the form, content and attached documents of the declaration in detail.


Article 8: In accordance with Chapter 29 of the tariff nomenclature, vitamins and provitamins are subject to a domestic consumption tax rate of 8%.


Article 9: School books, comics and other books are subject to an domestic consumption tax rate of 8%.








– Non-tax revenues –

Article 10: Companies wishing to engage in hydrocarbon import, storage, transportation and distribution must first obtain a licence for the exercise of the activities and pay this fee annually.


Article 11: The annual fee amounts per activity are determined as follows:


ACTIVITIES

LICENCES

MONTANT (FD)


Import

Import of petroleum products

1 000 000

LPG import

3,000

Importation of lubricants

1 000 000




Storage

Storage of petroleum products

1 000FD / m3

LPG storage

1 000FD / m3




Transport

Road transport of petroleum products by truck

1 000 000

LPG transport (road)

1 000 000

LPG transport (maritime)

10 000

LPG transport (closed)

10 000

Marine transportation of petroleum products

10 000

Rail transport of petroleum products

10 000




Distribution

Distribution of fuels

3,000

Distribution of aviation products

3,000

Distribution of LPG

3,000

Oil products

20 000



Royalties paid to the Water Fund

Article 12:
  1. Local production of mineral waters and waters produced by reverse osmosis in the national territory are subject to the payment of a water charge of 7 FDJ per litre marketed by production companies.

  1. The collection of this fee is provided by the National Office of Water and Sanitation of Djibouti in addition to the two-monthly invoices to the producing companies.

  1. The amount collected by the National Office for Water and Sanitation of Djibouti under this royalty is paid twice on the Water Fund account.

  1. The National Water and Sanitation Office of Djibouti will install water meters to control the quantities marketed.

  1. 50% of the overtax on imported mineral waters, as calculated by the General Directorate of Customs and collected by the Treasury, will be paid monthly to the Water Fund.


PART III

PROVISIONS RELATING TO CHARGES


- RECRUITMENTS, ADVANCEMENTS, DISCOVERY AND OTHER

Article 13 : All provisions relating to sections 40 to 49 included in the Finance Act No. 82/AN/14/7Third L, which corresponds to the recruitment, promotion, retirement and miscellaneous, remain and remain unchanged.


- ENGAGEMENTS RATIONAL MEASURES -

Article 14:All provisions relating to sections 50 to 60 included in the Finance Act No. 82/AN/14/7Third L and in line with the rationalization of commitments remain and remain unchanged.


- ENERGY CHARGES: EAU, ELECTRICITY AND TELEPHONE -


Article 15: All provisions relating to sections 61 to 65 included in the Finance Act No. 82/AN/14/7Third L and which correspond to energy loads, remain and remain strictly applied.




- MISSION AND TRANSPORT FRAIS -

Article 16: All provisions relating to sections 66 to 69 included in the Finance Act No. 82/AN/14/7Third L and which correspond to mission and transport costs, energy charges are and remain strictly applied.


PART IV

OTHER PROVISIONS


- Application of the Treasury Plan -

Article 17:The cash plan will be applied to the execution of the state budget 2015.

Article 18:The limits of the cash plan will be determined by the technical committee of the cash plan on the proposal of its members.

Article 19:For better participation in expenditure control efforts, the Treasury Board is extended to social ministries (Education, Health) at the level of their respective General Secretary as a permanent member.

Article 20:During periods marked by treasury tensions, the Ministry of Budget reserves the right to freeze for a specified time all expenses of the State with the exception of mandatory expenses.



PART V

FINAL PROVISIONS


Article 21: The deadline for commitments of any kind is November 15, 2015, unless expressly waived by the Minister of Budget.

Article 22:The deadline for payment warrants of any kind is December 25, 2015.

Article 23:The deadline for issuing securities and regulatory mandates is February 28, 2016.

Article 24:All legislative or regulatory provisions that are contrary to this Finance Act, including those that generate expenditures that have not been provided for in this budget, are simply repealed.



Article 25:The Minister of Budget, under the conditions established by law, is authorized to make short, medium or long-term borrowings in 2015.

Article 26:This Act will be registered and published in the official journal upon promulgation.

Done in Djibouti, on 10/12/2015


President of the Republic,
Head of Government
ISMAÏL OMAR GUELLEH