Key Benefits:
1450 OF 2011
(June 16)
Official Journal No. 48.102 of 16 June 2011
CONGRESS OF THE REPUBLIC
For which the National Development Plan is issued, 2010-2014.
COLOMBIA CONGRESS
DECRETA:
GENERAL PROVISIONS.
ARTICLE 1o. NATIONAL DEVELOPMENT PLAN AND INVESTMENT PLAN 2011-2014. The National Development Plan 2011-2014: Prosperity for All, which is issued through this law, aims to consolidate security with the goal of achieving peace, a great leap of social progress, achieving a regional economic dynamism that allows sustainable development and sustained growth, more formal employment and less poverty and, in short, greater prosperity for the entire population.
ARTICLE 2o. PART OF THIS ACT. I approve as an integral part of the General Part of the National Development Plan and incorporate as an annex to this law, the document "Bases of the National Development Plan 2010-2014 Prosperity for All", prepared by the National Government with the participation of the Superior Council of the Judiciary and the National Planning Council, with the modifications made in the legislative process.
The document that is incorporated into this law corresponds to that published in the Republic's Congress Gazette as an annex to the presentation for the second debate.
ARTICLE 3o. GOALS OF THE COLOMBIAN STATE AND PEOPLE. During the four-year period 2010-2014 the following transversal axes will be incorporated into all spheres of national work in order to obtain Prosperity for All:
-- Innovation in new and existing productive activities, in the social processes of collaboration between the public sector and the private sector, and in the design and institutional development of the State.
-- Good governance as a guiding principle in the execution of public policies, and in the relationship between the administration and the citizen.
-- A greater and better international positioning of Colombia in international markets, in international relations, and in the multilateral agenda of development and cooperation to achieve the proposed international relevance.
-- A society for which environmental sustainability, adaptation to climate change, access to information and communications technologies and cultural development are a priority and a practice as an essential element of the well-being and as a principle of equity with future generations.
Based on the above cross-cutting axes, the path to Democratic Prosperity, to Prosperity for All, must be based on three pillars:
1. A sustained growth strategy based on a more competitive, more productive and innovative economy, and with dynamic sectors that pull growth.
2. A strategy of equal opportunities that levels the playing field, ensuring that every Colombian has access to the fundamental tools that will allow him to carve his own destiny, regardless of his gender, ethnicity, position social or place of origin.
3. A strategy to consolidate peace throughout the territory, with the strengthening of security, the full validity of Human Rights and the effective functioning of Justice.
The National Development Plan is based on the fact that the road to Prosperity for All necessarily passes through a reduction of regional inequalities, of the opportunities gaps between the regions of Colombia, that is, by a greater regional convergence. Prosperity must reach each of the Colombians, and each of the municipalities, districts, departments and regions where they live.
INVESTMENT PLAN AND MULTI-ANNUAL BUDGETS.
ARTICLE 4. NATIONAL PUBLIC INVESTMENT PLAN 2011-2014. The 2011-2014 National Public Investment Plan will be worth five hundred and sixty-four trillion $564 billion, at constant 2010 pesos, funded as follows:
QUERY TABLE IN ORIGINAL PRINTED OR PDF FORMAT.
PARAGRAFO 1o. The resources identified as sources of territorial entities for the financing of the National Plan of Public Investments 2011-2014, correspond to estimates of expenditure of the departmental levels, district and municipal in the framework of their autonomy, for the articulation of national policies, strategies and programs with the territorial, according to the mechanisms of execution defined in this Plan.
PARAGRAFO 2o. Approve as an integral part of the Investment Plan the document "Regionalisation of the Multiannual Investment Plan", which is annexed, which contains the main strategic investment projects bankable in accordance with the provisions of this Article and article 5or of this law.
The document that is incorporated into this law corresponds to that published in the Republic's Congress Gazette as an annex to the presentation for the second debate.
ARTICLE 5o. FINANCIAL RESOURCES AND MULTIANNUAL BUDGETS OF THE NATIONAL PUBLIC INVESTMENT PLAN. The total value of the expenses incurred for the implementation of the Present Plan, financed from the resources of the General Budget of the Nation, will not be able to In any case, the amount of the resources available in accordance with the macroeconomic plan and the fiscal framework of the National Government's Medium-Term Fiscal Framework should not be exceeded.
PARAGRAFO 1o. The Present Plan contemplates additional expenses financed with resources that may be generated by the highest GDP growth (0.2% per year). Such additional expenses may only be incorporated in the General Budget of the Nation to the extent that such growth materializes or a prioritization of the investment takes place in each currency, taking into account the Fiscal Framework of the Deadline.
PARAGRAFO 2o. The National Investment Plan incorporates additional expenses for the attention of the winter wave from the General Budget of the Nation. These investments will be incorporated into the General Budget of the Nation in so far as the sources of resources assigned to them are materialized and taking into account the Medium Term Fiscal Framework, the Financial Plan and the Spending Framework. Medium Term.
The document that is incorporated into this law corresponds to that published in the Republic's Congress Gazette as an annex to the presentation for the second debate.
MECHANISMS FOR PLAN EXECUTION.
CONVERGENCE AND STRENGTHENING REGIONAL DEVELOPMENT.
ARTICLE 6o. MILLENNIUM GOALS. According to the NDP's goal of fully achieving the millennium goals, territorial entities will inform ministries, competent entities, and the National Planning Department of the inclusion in their Development plans for objectives, goals and concrete strategies aimed at achieving the Millennium Goals, to which the Nation has committed itself internationally. The Conpes will follow up on the progress of the goals referred to in this article.
ARTICLE 7o. NATIONAL COORDINATION SYSTEMS. The National Government in the development of the principles of coordination, concurrency and subsidiarity, may create national coordination systems integrated by national and regional authorities. acceptance of these. The entities will form a coordinating body and technical parameters, which will be binding on the members of the respective System in the adoption of the policies concerned. The implementation of these guidelines will be taken into account for the approval of investment projects to be funded or co-financed with the Nation's resources.
The entities that make up them will be able to conclude contracts or plan agreements or, inter-administrative contracts, among other mechanisms, in which the obligations and commitments necessary for the coherent and effective execution of the policy coordination policies, which avoid duplication of effort and ensure the consistency of the policies and programmes of the entities that are part of the System.
The information held by the organizations and entities that make up the system, related to the activity of the System, must be submitted to the management body of the System, in the terms established by the National Government for the purpose.
ARTICLE 8o. PLAN CONTRACTS. 198 of Act 1753 of 2015. The new text is as follows: > The Contract Plan is a framework agreement of strategic wills between the Nation and the territorial entities embodied in a document containing the programmatic and performance arrangements defined between These are for the associated execution of territorial development projects that contemplate the concurrence of national and territorial investment efforts.
Under this framework agreement, specific contracts will be signed in which the object, the goals, the deadlines, the person responsible for the implementation will be identified and the resources of national and territorial sources that will be used for its execution, as well as any future vigencies that are required. In addition, the mechanisms for monitoring and control of resources and all other aspects necessary to ensure the rapid and efficient implementation of projects will be agreed, taking into account the priorities and particularities of each sector and each region ".
Plan contracts are an instrument for planning and promoting regional development. In this sense they are a point of articulation of the National Development Plan and the departmental and municipal plans.
El Nacional] The national government will seek, in the appropriate cases, its public investment actions to operate under this scheme. The National Planning Department (DNP) will promote the implementation of this tool, as well as establish the mechanisms for monitoring and evaluating the Plan Contracts agreed upon by the national government.
ARTICLE 9o. TERRITORIAL STRATEGIES FOR OVERCOMING EXTREME POVERTY. 267 of Law 1753 of 2015 >
ARTICLE 10. HARMONISATION OF THE NATIONAL DEVELOPMENT PLAN 2010-2014 WITH THE NATIONAL DECENNIAL EDUCATION PLAN 2006-2016. In compliance with the provisions of the General Education Law (Law 115 of 1994), the educational policy of the national government contained in the present National Development Plan should be aligned with the purposes and guidelines of the National Decade of Education 2006-2016.
In order to strengthen educational planning in the regions, the departments, districts and municipalities will articulate and harmonize their educational development plans with the provisions of the 2006-2016 Decennial Education Plan and the Plan National Development 2010-2014.
ARTICLE 11. TERRITORIAL PUBLIC SPENDING PROJECTS. Territorial entities will be able to use the mechanism of exceptional future vigencies for the assumption of obligations that affect the budget of subsequent vigencies, for those spending projects public in which there is national co-financing. The exceptional future vigencies will be authorized and approved according to the organic norms that govern the matter, so that in the execution of the projects contemplated in this Plan, the territorial subjection to the discipline is guaranteed tax, in the terms of Chapter II of Law 819 of 2003.
To ensure compliance with the coverage targets provided for in this Plan, future ordinary or exceptional vigencies may be authorised for co-financing projects during the year 2011.
Projects that require the use of financing schemes should be subject to the rules governing public debt, in particular the procedures provided for in Law 358 . 1997.
ARTICLE 12. REQUIREMENTS FOR DIRECT ROTATION OF THE RESOURCES OF THE GENERAL SYSTEM OF PARTICIPATIONS. In addition to the provisions of Law 1176 of 2007 for the authorization of the direct turn of resources of the participation for water The basic system of the General System of Participations, which are different from the trust schemes formed in the framework of the departmental plans for the management of the public water services and Consolidation, the legal representative of the territorial entity must accredit to the Ministry of Environment, Housing and Territorial Development meeting the following requirements:
1. Plan of works, expenses and investments and the goals of coverage, quality and continuity that will be achieved with such plan, in the terms of Articles 10 and 11 of Law 1176 of 2007.
2. The allocation of resources to finance subsidies to the demand of the subsidized strata.
3. That the resources do not cover other commitments or expenses of the territorial entity.
ARTICLE 13. GUIDANCE OF THE RESOURCES FOR THE SPECIAL ALLOCATION FOR INDIGENOUS GUARDS, THE GENERAL SYSTEM OF PARTICIPATIONS. Article 83 (4) of Law 715 of 2001 will thus be:
" The resources of the participation allocated to the indigenous guards will be of free destination for the financing of duly formulated investment projects, and included in the plans of life or according to the uses and customs of the indigenous peoples. The investment projects must be included in the administration contract concluded with the respective municipality or department, in accordance with the classification of expenditure defined by the Decree-Law href="dec_0111_1996.html#1"> 111 from 1996.
With regard to the goods and services acquired from the resources of the special allocation of the General System of Participations for the indigenous guards, the mayors will have to establish the due special administrative registers. and independents to officialize their delivery to the indigenous authorities.
In order to improve the control of the resources of the special allocation of the General System of Participations for indigenous guards, the National Government will strengthen the strategy of monitoring, monitoring and control of the SGP, established by Decree 28 of 2008 ".
ARTICLE 14. DESTINATION OF GENERAL PURPOSE PARTICIPATION RESOURCES FOR SPORT AND CULTURE. As of 2012, the percentage allocation of the resources referred to in Article 78 2) of Law 715 of 2001, as amended Article 21 of Law 1176 of 2007, for the sectors of sport and recreation and culture will be as follows:
Eight per cent (8 per cent) for sport and recreation and six per cent (6 per cent) for culture.
ARTICLE 15. The National Government in the implementation of the Comprehensive Border Policy will develop a border CONPES (National Council for Economic and Social Policy) within its public policy. its characterization of each border region, it gives special attention to Cucuta and its Metropolitan Area and Norte de Santander to mitigate the crisis situation that it has been facing.
ARTICLE 16. PROGRAM FOR THE GENERATION AND STRENGTHENING OF INSTITUTIONAL CAPACITIES FOR TERRITORIAL DEVELOPMENT. The National Planning Department will coordinate the design and implementation of a "Program for the generation and strengthening of capacities". "They will benefit from the institutional development," which will benefit mayors, governorates, ethnic groups, collegiate bodies, and civil society. As immediate actions of this Program, technical assistance is provided to the territorial entities in terms of: formulation of municipal, district and departmental development plans for the achievement of the Development Goals of the Millennium, comprehensive care for Victims of Forced displacement for violence, risk management for climate change, development plans for territorial entities, and formulation of strategic regional projects.
PARAGRAFO. Within the framework of this Program and as one of its priority and immediate actions, the Inter-Institutional Technical Assistance team will be formed and operated in the field of formulation, implementation, articulation and follow-up of the policy aimed at the Victims of the Forced Movement for Violence. This team will be composed of the Ministry of Finance and Public Credit, the National Department of Planning, the Ministry of Interior and Justice and the Presidential Agency for Social Action and International Cooperation. To achieve the purposes of this team, each of the entities involved will allocate the necessary human and financial resources for this purpose.
ARTICLE 17. SPECIAL CONDITIONS FOR TRACKING AND TURNING. 267 of Law 1753 of 2015 >
ARTICLE 18. MEASURES TO ENSURE CONTINUITY, COVERAGE AND QUALITY IN THE PROVISION OF THE SERVICE. In the event that the corrective action of the assumption of powers is adopted, in the framework of Decree 028 of 2008, the the territorial entity covered by this measure must follow, in accordance with its autonomy and budgetary rules, appropriating in its budget the necessary resources, different from those of the General System of Participations, intended for financing of the service and/or services concerned, for the duration of the measure. Those resources shall be transferred to the entity that assumes the competence in order to ensure continuity, coverage and quality in the provision of the service.
ARTICLE 19. UNIFICATION OF INFORMATION REPORTS. As of January 1, 2012, all entities of the National Government will collect the budgetary and financial information they require from the territorial entities, through the FUT.
ARTICLE 20. MONITORING, MONITORING AND CONTROL OF THE RESOURCES OF THE GENERAL SYSTEM OF PARTICIPATIONS FOR DRINKING WATER AND BASIC SANITATION. The activity of monitoring the resources of the General System of Participations for drinking water and basic sanitation, referred to in Decree 028 of 2008, will remain in charge of the Ministry of Environment, Housing and Territorial Development, or of the entity or dependency that assumes the functions in relation to the mentioned sector.
The comprehensive monitoring and control activities of the General System of Participations for Drinking Water and Basic Sanitation, hereinafter and permanently, will be carried out by the Ministry of Finance and Public Credit.
ARTICLE 21. DEPARTMENTAL PLANS FOR THE BUSINESS MANAGEMENT OF WATER AND SANITATION SERVICES. The structuring and operation of the departmental plans for the Business Management of Water and Sanitation Services-PDA- provided in the Article 91 of Law 1151 of 2007, will be adjusted in accordance with the regulations that for the effect the National Government will issue, taking into account the local characteristics, the institutional capacity of the territorial entities and the public service providers, and the effective implementation of regionalization schemes.
PARAGRAFO 1o. 189 of Act 1753 of 2015. The new text is as follows: > The debt of municipalities and utilities with Inspopal, delivered in administration to Findeter according to Law 57 of 1989, may be the object of sale or cession of its administration and/or raise to the Central of Investments (CISA), in accordance with the regulations applicable to this collector. The resources obtained by the Nation for the sale or sale of the administration and/or have raised CISA shall be exclusively used for the payment of labor liabilities generated by the public service providers liquidated and/or in the framework of the Departmental Plans for the Business Management of Water and Sanitation Services (PDA).
PARAGRAFO 2o. 189 of Act 1753 of 2015. The new text is as follows: > For reasons of social interest and when the technical and economic characteristics of drinking water and basic sanitation services so require, efficient and sustainable regional schemes can be implemented for the provision of these services in the municipalities, including their rural areas, through exclusive service areas, in accordance with the regulations defined by the national government for this purpose.
PARAGRAFO 3o. The resources provided by the entities contributing to the Autonomous Patrimonies constituted for the management of the PDAs, are understood to be executed at the time of the turn and will be attended by the expenses associated with PDAs.
PARAGRAFO 4o. Unassigned balances corresponding to the development-defined indicative quotas in Article 94 of Act 1151 of 2007 will be executed during the lifetime of the National Development Plan.
ARTICLE 22. INVESTMENTS BY REGIONAL AUTONOMOUS CORPORATIONS IN THE DRINKING WATER AND BASIC SANITATION SECTOR. The infrastructure works of the water and basic sanitation sector financed by resources of the Regional Autonomous Corporations, may be delivered as contributions to municipalities or to the Public Service Companies that operate these services in the municipality, in accordance with what is determined by the municipality, under the condition that it treats the number 87.9 of the article 87 of Law 142 of 1994 or the rules that modify or replace it.
In no case does the delivery of contributions under the condition of the Regional Autonomous Corporations be constituted as a state property detriment. Regional Autonomous Corporations may not require consideration for the delivery of the works in question.
The implementation of the specific destination resources for the drinking water and basic sanitation sector by the Regional Autonomous Corporations must be carried out in the framework of the PDAs, without prejudice to the investments that may be made. perform the same in the municipalities of their jurisdiction not linked to the PDA.
PARAGRAFO. Regional Autonomous Corporations will not be able to participate in the shareholding, ownership, management and operation of a public service provider. This paragraph shall not apply to Regional Autonomous Corporations that are shareholders or have made their investments prior to the entry into force of Law 1151 of 2007.
ARTICLE 23. INCREASE OF THE MINIMUM RATE OF THE UNIFIED PREDIAL TAX. Article 4 of Law 44 of 1990 will thus remain:
"Article 4o. The rate of the unified predial tax, as referred to in this law, shall be fixed by the respective municipal and county councils and shall be between 5 and 1 000 and 16 per thousand of the respective avaluo.
Rates should be established in each municipality or district in a differential and progressive manner, taking into account factors such as:
1. Socioeconomic strata.
2. Land uses in the urban sector.
3. The age of the training or update of the Catastro.
4. The range of the area.
5. Avaluo Catastral.
To the urban property with residential or rural economic destination with agricultural economic destination stratum 1, 2 and 3 and whose price is less than one hundred and thirty-five minimum legal monthly salaries in force (135 smlmv), will be applied the rates established by the respective Municipal or District Council from 2012 between 1 and 16 per thousand.
The increase of the tariff will be applied from the year 2012 as follows: For 2012 the minimum will be 3 per thousand, in 2013 the 4 per thousand and in 2014 the 5 per thousand. Without prejudice to the above paragraph for strata 1, 2 and 3.
From the year in which the tariff modifications come into effect, the total collection of the resulting unified predial tax based on them, may not exceed 25% of the amount settled for the same concept in the year immediately above, except in cases corresponding to changes in the physical or economic elements identified in the cadastre update processes.
Rates applicable to undeveloped land-based land taking into account the status of law 09 of 1989, and unbuilt urbanized land, may be higher than the limit specified in the first indent of this Article, without exceeding of 33 per thousand.
PARAGRAFO 1o. For the purposes of complying with the provisions of Article 24 of Law 44 of 1990, as amended by Article 184 of Law 223 of 1995, the applicable tariff for Indigenous guards will be the result of the weighted average of the rates defined for the other premises of the respective municipality or district, according to the methodology issued by the Agustin Codazzi-IGAC Geographic Institute.
PARAGRAFO 2o. All public good will be excluded from the predial tax, except for those expressly taxed by the Act. "
ARTICLE 24. TRAINING AND UPDATING OF THE CATSTARS. The cadastral authorities have an obligation to form the catstars or update them in all the municipalities of the country within maximum periods of five (5) years, in order to review the elements physical or legal status of the land register originating in physical mutations, variations in use or productivity, public works or local conditions of the real estate market. Territorial entities and other entities that benefit from this process will co-finance them according to their competencies and the regulations issued by the National Government.
The Agustin Codazzi Geographic Institute will formulate, with the support of the decentralized catstars, a methodology that will allow the development of the permanent update, for the application by these entities. Similarly, it will establish models for updating models that allow the estimation of integral values of the pregod in accordance with the dynamics of the real estate market.
PARAGRAFO. The avaluo cadastral of the real estate fixed for the cadastral training and updating processes referred to in this article, may not be less than sixty percent (60%) of its value commercial.
ARTICLE 25. NATIONAL PENSION FUND FOR TERRITORIAL ENTITIES-FONPET. The commissions for the administration of the autonomous assets of the Fonpet will be paid from the financial returns of the resources. Expenditure related to the specialised audit to be contracted for the supervision of the management of the administrators shall also be paid from those returns. All the administrative costs that are currently financed from the fund will not be able to exceed 8% of the income generated by these resources.
The National Government will define the investment regime for the autonomous assets of the Fonpet and other public self-employed assets for the guarantee and payment of pensions, taking into account that such operations must be carried out in market conditions, taking into account security, profitability and liquidity criteria. The disposal of shares by these assets shall be carried out in accordance with the rules of the securities market. The government will also define the minimum profitability to be guaranteed by the managers of the autonomous assets of the Fonpet, taking into account the specific characteristics of these contracts.
The amount of the registration tax to be incorporated to the base of the revenue streams of the departments for the calculation of the contribution to the Fonpet, according to the numeral 9 article 2or Law 549 of 1999, will henceforth be used by those entities to pay pension parts.
The collection of the contributions to which the Ministry of Finance and Public Credit is empowered, as an administrator, may be brought forward at any time, taking into account the special destination of these resources.
ARTICLE 26. STRENGTHENING TERRITORIAL CONSOLIDATION. The strategic routing of the National Territorial Consolidation Policy will be the responsibility of the National Security Council. The National Government will create and strengthen the institutional mechanisms of management and civil coordination of the national and regional order for its implementation, taking advantage of and strengthening the capacities of the Center for the Coordination of Integrated Action the Presidency of the Republic (CCAI) and its Regional Coordination Centres (RACs).
SUSTAINABLE GROWTH AND COMPETITIVENESS.
2.1 INNOVATION FOR PROSPERITY.
ARTICLE 27. RESOURCES OF THE NATION FOR SCHOLARSHIPS OR EDUCATIONAL CREDITS. amend Article 114 of Law 30 of 1992, which will remain so:
" The Nation's resources for scholarships or educational credits in Colombia will be turned to the Colombian Institute of Educational Credit and Technical Studies Abroad (ICETEX) and its administration. The resources of the nation for scholarships or university educational credits for the financing of master's, doctoral or post-doctoral programs may be awarded to the National Fund for Financing for Science, Technology and Innovation, the Fund Francisco José de Caldas. In this event the execution of the resources can be supported with the participation of third parties and the National Government will regulate the criteria of assignment ".
ARTICLE 28. INTELLECTUAL PROPERTY WORKS IN THE PERFORMANCE OF A CONTRACT FOR THE PROVISION OF SERVICES OR A CONTRACT OF EMPLOYMENT. Article 20 of Law 23 of 1982 will thus be:
"Article 20. In works created for a natural or legal person in the form of a contract for the provision of services or a contract of employment, the author is the holder of the economic and moral rights; but it is presumed, except for contrary, that the property rights on the work have been transferred to the commission or to the employer, as the case may be, to the extent necessary for the exercise of its usual activities in the time of creation of the work. For this presumption to operate, the contract is required to be recorded in writing. The owner of the works according to this article will be able to directly or through intermediate person attempt to protect against acts of violation of the moral rights informing the author or authors in order to avoid duplicity of actions ".
ARTICLE 29. INDUSTRIAL PROPERTY TRANSFER. Unless otherwise agreed, the industrial property rights generated under a contract for the provision of services or work are presumed to be transferred in favour of the contractor or the employer. respectively. For this presumption to operate, the respective contract is required to be recorded in writing.
ARTICLE 30. COPYRIGHT. Amend Article 183 of Law 23 of 1982, which will be as follows:
"Article 183. The copyright or related rights may be transferred by act between the living, with the transfer to the planned operating modalities and the time and territorial scope to be contractually determined. The lack of mention of time limits the transfer to five (5) years, and that of the territorial scope, to the country in which the transfer is carried out.
The acts or contracts for which the copyright or related rights are transferred, partially or wholly, shall be recorded in writing as a condition of validity. Any act by which the domain over the copyright, or the related rights, as well as any other act or contract involving exclusivity, shall be transferred, transferred, changed or limited shall be entered in the National Register of the Law of Author, for the purposes of advertising and other third parties.
Any provision under which the author transfers in general or indeterminable future production, or is required to restrict his or her intellectual production or not to produce, shall be non-existent.
ARTICLE 31. INTELLECTUAL PROPERTY RIGHTS OF RESEARCH PROJECTS FUNDED FROM NATIONAL BUDGET RESOURCES. 267 of Law 1753 of 2015 >
ARTICLE 32. PROMOTION OF DEVELOPMENT IN PUBLIC PROCUREMENT. Article 12 of Law 1150 of 2007 will thus remain:
Article 12. Promotion of development in Public Procurement. Pursuant to the provisions of Articles 13, 333 , and 334 of the Constitution Politics, the National Government will define the conditions and the amounts according to the international commitments in force, so that in the development of the selection processes, the state entities adopt to the benefit of the MSMEs, calls limited to those in which, prior to the opening of the the respective process, the interest of the plural number of MSMEs that has been determined in the regulation has been expressed.
The regulation will also be able to establish preferential conditions for the supply of goods and services produced by the MSMEs, respecting the amounts and the conditions contained in the international commitments in force.
In any case, the satisfaction of the technical and economic conditions required in the procurement must be guaranteed and the selection according to the selection procedures referred to in the General Staff Regulations of the Public Administration.
In the same way, in the specifications, the state entities will have mechanisms to encourage the provision of goods and services by population in extreme poverty, displaced by violence, in the execution of state contracts. persons in the process of re-integration and, subject to special constitutional protection under the conditions laid down in the Regulation, provided that the conditions of quality and compliance with the contractual object are guaranteed.
PARAGRAFO 1o. In the selection processes that are developed based on the first indent, the entities will be able to make the limited calls that benefit MSMEs from the municipal or departmental scope corresponding to the execution of the contract.
PARAGRAFO 2o. Without prejudice to the provisions of Articles 5 and 6 of Law 1150 of 2007, to enable MSMEs to participate in calls to For the purposes of this Article, the certificate issued by the chamber of commerce or by the authority which is competent for such accreditation shall be furnished for at least one year of existence.
PARAGRAFO 3o. In the execution of the contracts referred to in this article, entities and contractors shall observe the provisions of Articles 90 to 95 of Law 418 of 1997 and the rules that modify, add, or subrogate ".
ARTICLE 33. REGIONAL COMPETITIVENESS COMMISSIONS. The Regional Competitiveness Commissions will coordinate and articulate within each department the implementation of the policies of productive development, competitiveness and productivity, strengthening of micro, small and medium-sized enterprises, and promoting culture for entrepreneurship through other regional bodies such as the Department of Science, Technology and Innovation (CODECYT), Committees University-State-Enterprise, Biodiversity Committees, Regional Entrepreneurship Networks, Regional Councils of SMEs, Regional Environmental Councils, Follow-up Committees to the Competitiveness and Regional Instances Conventions promoted by the Ministry of Agriculture and Rural Development.
In the case of districts, the commissions will be articulated to the coordination exercised by the respective authorities.
ARTICLE 34. NATIONAL COUNCIL ON TAX BENEFITS IN SCIENCE, TECHNOLOGY AND INNOVATION. Amend article 31 of Law 1286, which will remain so:
Article 31. National Council on Tax Benefits in Science, Technology and Innovation. Create the National Council for Tax Benefits in Science, Technology and Innovation, made up of the Director of the Administrative Department of Science, Technology and Innovation-Colciencias-who will chair the Council, by the Minister of Finance and Public Credit, or by the Director of the National Tax and Customs Directorate or its representative, the Minister of Commerce, Industry and Tourism or its representative, the Director of the National Planning Department or its representative and for two (2) experts in science, technology and innovation, appointed by the Director of Colciencias. This Council will assume the functions that the National Council of Science and Technology has been exercising in the field of tax benefits. Participation as a member of this Council shall not in any event generate the right to receive any consideration.
ARTICLE 35. IMPORTS OF ASSETS BY INSTITUTIONS OF EDUCATION AND RESEARCH CENTERS. Amend article 428-1 of the Tax Statute, as amended by Article 30 of Law 633 of 2000, which will remain so:
" 428-1. The equipment and components that are imported by the research or technological development centres recognised by Colciencias, as well as the primary, secondary, middle or higher basic education institutions recognised by the Ministry of National Education and which are intended for the development of projects of a scientific, technological or innovation character according to the criteria and conditions defined by the National Council of Tax Benefits in Science, Technology and Innovation, will be exempt from sales tax (VAT). "
ARTICLE 36. RESEARCH AND TECHNOLOGICAL DEVELOPMENT. amend Article 158-1 of the Tax Statute, as amended by Article 12 of Law 633 of 2000, which will be so:
"Article 158-1. Deduction for investments in research and technological development. People who make investments in qualified projects such as research and technological development, according to the criteria and conditions defined by the National Council of Tax Benefits in Science, Technology and Innovation will have the right to deduct from their income, the hundred and seventy-five percent (175%) of the value invested in these projects in the taxable period in which the investment was made. This deduction may not exceed 40% (40%) of the liquid income determined before the value of the investment is subtracted.
Such investments will be made through Researchers, Groups or Centers for Research, Technological Development or Innovation or Research, Technological Development or Innovation Units of Companies, registered and recognized by Colciencias.
The qualified projects of research or technological development provided for in this article also include the linking of new qualified and accredited personnel with a level of technical, technological, professional, technical and technical training. master's or doctorate to research or innovation centres or groups, according to the criteria and conditions defined by the National Council for Tax Benefits in Science, Technology and Innovation.
The National Tax Benefit Council will define the procedures for monitoring, monitoring and evaluating qualified projects, and the conditions to ensure the dissemination of the results of qualified projects, without prejudice the application of the rules on intellectual property, and they will also serve as a mechanism for controlling the investment of resources.
PARAGRAFO 1o. Taxpayers will be able to opt for the alternative of deducting one hundred and seventy-five percent (175%) of the value of donations made to centers or groups referred to in this article, provided where they are intended exclusively for projects classified as research or technological development, in accordance with the criteria and conditions defined by the National Council for Tax Benefits in Science, Technology and Innovation. This deduction may not exceed 40% (40%) of the liquid income determined before the value of the donation is subtracted. The other requirements set out in Articles 125-1, 125-2 and 125-3 of the Tax Statute.
PARAGRAFO 2o. For the deduction of this article and paragraph 1o to proceed, when qualifying the project, environmental impact criteria must be taken into account. In no case shall the taxpayer be able to deduct simultaneously from his gross income the value of the investments and donations covered by this Article.
PARAGRAFO 3o. The National Council on Tax Benefits in Science, Technology and Innovation will annually define a maximum total amount of the deduction provided for in the article 158-1, as well as the allocated percentages of that total maximum amount for each enterprise size, following the criteria and company size conditions set by the national government.
PARAGRAFO 4o. Where the benefit exceeds the maximum value deductible in the year in which the investment or donation was made, the excess may be requested in the following years until exhausted, applying the 40% limit (40%) to which the First subparagraph and paragraph 1 of this Article.
PARAGRAFO 5o. The deduction that deals with Item 158-1 excludes the application of asset depreciation or amortization or the deduction of personnel through costs of production or operating expenses. This deduction shall not be the subject of the deduction of expenditure on non-cash income or occasional income.
PARAGRAFO 6. The use of this deduction does not generate utility taxed in the head of the shareholders or shareholders. "
ARTICLE 37. TAX TREATMENT RESOURCES ALLOCATED TO PROJECTS OF A SCIENTIFIC, TECHNOLOGICAL OR INNOVATION NATURE. Add a new article 57-2 to the Tax Statute, as follows:
Article 57-2. The resources that the taxpayer receives to be destined for the development of projects of a scientific, technological or innovation character, According to the criteria and conditions defined by the National Council of Tax Benefits in Science, Technology and Innovation, they are non-constitutive income or occasional income.
Equal treatment applies to the remuneration of natural persons for the direct execution of tasks of a scientific, technological or innovation nature, provided that such remuneration comes from the resources allocated to the respective project, in accordance with the criteria and conditions defined by the National Council for Tax Benefits in Science, Technology and Innovation. "
ARTICLE 38. FACTORING OPERATIONS PERFORMED BY ENTITIES MONITORED BY THE CORPORATE SUPERINTENDENCE
Add a numeral 21 to article 879 of the tax statute. Which will remain so:
"21. The provision of resources for the realization of factoring operations-purchase or discount of portfolio-made by companies monitored by the Superintendence of Societies whose primary social object is this type of operations.
For the purposes of this exemption, these companies must mark as exempt from the GMF a current account or savings account or an account of a single autonomous estate intended solely and exclusively for these transactions and the object of which is the collection, disbursement and payment of the same.
The drawing of the resources must be made only to the beneficiary of the factoring operation or the portfolio discount by means of a savings account or a current account or by issuing cheques to which the restriction is included: " for In the event of lifting this restriction, the charge shall be generated in the head of the client of the monitored company. The legal representative must state before the entity under the seriousness of the oath that the savings account, current or the autonomous assets to be marked as the case may be, shall be solely and exclusively intended for such operations in the conditions set in this numeral ".
ARTICLE 39. NATIONAL GUARANTEE FUND S.A. The National Government will be able to capitalize for up to 250 billion pesos, to the National Fund of Guarantees S. A., in order to maintain an adequate level of solvency, so that this agency can provide guarantees facilitating access to the institutional credit and the different discount lines available on the second floor banks.
ARTICLE 40. DEFINITION OF THE LEGAL NATURE OF THE TOURISM PROMOTION FUND. Article 42 of Law 300 of 1996 will thus be:
" 42. From The Tourism Promotion Fund. Create the Tourism Promotion Fund as an instrument for the management of resources from the parafiscal contribution referred to in article 40 of this Law, which will be closed to the Tourism policy guidelines defined by the Ministry of Commerce, Industry and Tourism. For all purposes, the procurement processes carried out by the Managing Entity of the Tourism Promotion Fund shall be brought forward in accordance with private law. "
ARTICLE 41. MANAGEMENT OF THE TOURISM PROMOTION FUND. Add the following article to Law 1101 of 2006.
"New item. Constitution of fiducias for the execution of projects of the Tourism Promotion Fund. The Ministry of Commerce, Industry and Tourism as the holder of the appropriations financed with the tax for tourism referred to in article 4or of this law, or who manages such resources, may conclude contracts of commercial trust or join existing autonomous assets, through which plans, programs and projects for the promotion and competitiveness of tourism approved by the Steering Committee of the Tourism Promotion Fund in accordance with paragraph 1 of the Article 6or Law 1101.
PARAGRAFO 1o. Through the autonomous heritages referred to in this article, the resources or contributions may be executed, for the same purposes as the Steering Committee of the Tourism Promotion Fund or the public entities of national or territorial order, corresponding to goods or sources other than the tax for tourism.
PARAGRAFO 2o. Public entities of the national order may directly conclude agreements or contracts with the managing entity of the Tourism Promotion Fund, to implement the resources allocated to the promotion and tourism competitiveness ".
ARTICLE 42. Cedase in favor of the Municipality of Nemocon (Cundinamarca), the totality of the income for the concept of tourist income to the tourist monument "Mina de Sal" of Nemocon once the contract of The concession is currently in force. The National Government will establish the mechanisms to yield and deliver the tourism monument in administration, once the current concession contract of the same is over.
ARTICLE 43. BUSINESS SIZE DEFINITIONS. Article 2or Act 590, 2000, will be as follows:
"Article 2or. Business Size Definitions. For all purposes, it is understood by company, every unit of economic exploitation, carried out by natural or legal person, in agricultural, industrial, commercial or service activities, in the rural or urban area. For classification by business size, entiendase micro, small, medium and large enterprise, one or more of the following criteria can be used:
1. Number of total workers.
2. Annual gross sales value.
3. Total active value.
For the purposes of the benefits granted by the national government to micro, small and medium-sized enterprises, the determining criterion will be the annual gross sales value.
PARAGRAFO 1o. The National Government will regulate the ranges they will apply for the three criteria and will include sectoral specificities in the cases it deems necessary.
PARAGRAFO 2o. The definitions contained in Article 2or Law 590 of 2000 will continue in force until the regulatory standards that the National Government proposes to govern. in the development of the provisions of this Article ".
ARTICLE 44. MODERNIZATION AND INNOVATION FUND FOR MICRO, SMALL AND MEDIUM ENTERPRISES. Article 17 of Law 590, 2000, will be as follows:
Article 17. Modernization and Innovation Fund for Micro, Small and Medium Enterprises. Create the Modernization and Innovation Fund for Micro, Small and Medium Enterprises, as a separate management system for the Banco de Comercio Exterior de Colombia S.A.-Bancoldex, which for all its effects will be assimilated to a Autonomous heritage and who will manage it through an order account. The activities, acts and contracts concluded by the Fund shall be governed by private law and shall be subject to the procedures and internal requirements established for the acts and contracts of the Banco de Comercio Exterior de Colombia S. A., Bancoldex. The Fund shall aim to implement financial and non-financial instruments, the latter, by non-reimbursable co-financing of programmes, projects and activities for the innovation, promotion and promotion of SMEs.
PARAGRAFO. The National Government will create and regulate the integration and functions of the Fund's Advisory Board and establish its management and technical secretariat. "
ARTICLE 45. MODERNIZATION AND INNOVATION FUND RESOURCES FOR MICRO, SMALL AND MEDIUM ENTERPRISES. Article 18 of Act 590, 2000, will be as follows:
Article 18. Modernization and Innovation Fund Resources for Micro, Small, and Medium Enterprises. The budget of the Modernization and Innovation Fund for Micro, Small and Medium Enterprises, will be made up of resources from the general budget of the nation as well as contributions or credits from International Organizations. Development, international cooperation agreements, agreements with the territorial authorities, and transfers of other public entities of national and regional order. "
ARTICLE 46. FINANCING UNIT OF DEVELOPMENT BANCOLDEX. The National Government, after instruction on its distribution to the Nation by the CONPES, will be able to allocate resources of the profits of the Bank of Foreign Trade-Bancoldex, for the design, assembly and operation of a Development Unit and for the structuring and implementation of projects and programs identified by this unit. Such resources will be managed through a separate management system of accounts which for all its effects will be assimilated to an autonomous heritage. Bancoldex will manage those resources through an order account.
For the purposes outlined in this article, Bancoldex may conclude agreements with the entities that are part of the General Budget of the Nation.
