They decree the law on the gas subsidy, the regulation and the sanctions that could be up to Q30 thousand

The Congress of the Republic published this Thursday, November 25, in the Central American newspaper decree 15-2021 of the Law of temporary social support for consumers of propane gas.

According to the decree, the purpose of this law is to establish temporary social support for consumers of Liquefied Petroleum Gas (LPG) bottled in cylinders with a capacity of 10, 20, 25, and 35 pounds, in order to benefit the Guatemalan population. who consumes said product.

On November 17, with 108 votes in favor, the Congress of the Republic approved the Temporary Social Support Law, through which the Government will give a subsidy for the price of gas, since it increased the price for the consumer.

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The Ministry of Energy and Mines, in coordination with the Ministry of the Economy, will verify, within the scope of its competence, the adequate implementation of this temporary social support, ensuring the rights of consumers, for which they must establish the necessary surveillance and correction mechanisms in in accordance with the provisions of the law, adds the Legislative Decree.

Sanctions

It establishes that the Directorate of Attention and Assistance to the Consumer (Diaco) will impose the sanction of ten Adjustable Fine Units (10 minimum wages, about Q30 thousand) to the individual or legal person, who through actions or omissions in the LPG distribution and marketing chain, does not apply the temporary social support established to the final consumer.

The execution of the social support will be supervised by the institutions, within the scope of their competence.

The decree establishes that compliance with the obligations in the commercialization chain by LPG importers will be supervised by the Superintendency of Tax Administration (SAT).

It also contemplates that the decrease in the amount corresponding to the subsidy in the final sale price must appear reflected in the electronic invoice that through the FEL Regime issued by the packers of the product.

It warns that for the purposes of the provisions of this law, electronic invoices issued in favor of the final consumer -CF will not be accepted, so the Tax Identification Number must be entered. In the absence of this, the Unique Identification Code number -CUI- of the acquirer’s personal identification document may be entered when it is a single unit sold.

Likewise, the invoice must detail the sale by cylinders of the different capacities that are marketed.

Holders of LPG bottling license in cylinders must reflect the decrease in the amount corresponding to temporary social support in the sale price at the point of sale, in the electronic invoice they issue; owed the vendor will reflect said amount in the sale price to the consumer and the respective invoice.

The SAT will inform the Ministry of Energy and Mines the amount discounted by each bottling company, as temporary social support, through electronic invoicing.

The consumers

It is established that only consumers who purchase the products of LPG bottling companies that are registered as such with the General Directorate of Hydrocarbons of the Ministry of Energy and Mines, before 31 December, may be beneficiaries of the temporary social support created by this law. October 2021.

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The Executive Organism is empowered so that, through the Ministry of Public Finance, it can make the readjustments with the existing cash balances of fiscal year 2021 and budgetary adjustments necessary for the financing of the subsidy that through this Law is established up to an amount of Q150 million.

Temporary support

The temporary support will be granted for three months and this will be established in the following way.

Orders that the Executive Branch through the Ministry of Energy and Mines shall regulate the procedures to be followed for the delivery of the temporary social support referred to in this law, including the functions of the executing unit in charge of delivering the same, without this imply the creation of new organizational structures or a higher wage bill.

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The regulations must be issued no later than eight days after the decree enters into force.

This decree takes effect on November 26 and the price adjustments on December 1, as recently reported by Finance.

On November 24, the Minister of Energy and Mines, Alberto Pimentel Mata, specified that the latest legal analyzes are being carried out and will be included in the regulation of the Temporary Social Support law, which will be published this week.

He reported that there are 66 bottling plants in the country, apart from three companies that have an important market share, which have expressed support for the validity of the subsidy, but there are many small ones “that have not refused, but have some doubts about the process and these are the ones who have considered temporality ”.

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