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March 6, 2024In force

Executive Decree PCM-02-2024 through which the Sectorial Cabinet for the Coordination, Management and Transparency of Public Investment is created

Poder Ejecutivo

  • Decree: PCM-02-2024
  • Published: March 6, 2024
  • Issuing body: Poder Ejecutivo
  • Gazette: 36,478
  • Category: Administrative

Summary

AIThis summary was generated by AI and may contain errors. Always verify against the original law text below. Not legal advice. Learn how we use AI

This decree establishes a Sectorial Cabinet for Public Investment composed of several government institutions (Finance, Planning, Transparency, and others) to coordinate, manage, and oversee all public infrastructure projects in the country using international transparency standards. It aims to improve efficiency, prevent corruption, and ensure government accountability regarding public spending on infrastructure.

Considerations

Whereas the Constitution of the Republic establishes that the Constitutional President is responsible for directing the general policy of the State, as well as issuing Agreements, Decrees, enacting regulations and resolutions in accordance with Law (article 245, numerals 2) and 11)).

Whereas the General Law of Public Administration establishes that the President of the Republic is responsible for the supreme direction and coordination of the Centralized and Decentralized Public Administration, and may in the exercise of her functions act by herself or in Council of Ministers (article 11).

Whereas in accordance with what is established in the General Law of Public Administration, the creation, modification or suspension of deconcentrated organisms or entities may only be made by the Presidency of the Republic in Council of State Secretaries (article 4).

Whereas in conformity with the General Law of Public Administration, the President of the Republic has the authority to organize her cabinet, for which purpose she may appoint State Secretaries in charge of a general responsibility or for the coordination of sectors that comprise one or more State Secretariats, decentralized entities, deconcentrated entities, programs, projects, enterprises or public services (article 12).

Whereas the General Law of Public Administration determines that in order to coordinate everything relating to the strategic direction of Public Administration, the President of the Republic may create Sectoral Cabinets headed by State Secretaries who coordinate the same. Likewise, it establishes that Sectoral Cabinets have the powers and competencies specified in their decree of creation (article 15).

Whereas Public Administration has as its purpose strengthening the Rule of Law to ensure a politically, economically and socially just society, for which reason it is necessary to create a Sectoral Cabinet focused on the coordination of Public Investment, which will allow for properly addressing the needs arising from economic and social development in the country.

Articles

Article 1.-

The Sectoral Cabinet for the Coordination, Management and Transparency of Public Investment is hereby created, which shall be responsible for the coordination and adequate management with international transparency indices of all public investment projects in infrastructure.

Article 2.-

The Sectoral Cabinet shall be composed of the heads of the following institutions: 1. Secretary of State in the Office of Finance (SEFIN), which shall be responsible for the Coordination of the Cabinet; 2. Secretary of State in the Office of Strategic Planning (SPE), who shall be responsible for the Secretariat of the Cabinet; 3. Secretary of State for the Development and Monitoring of Projects and Agreements (SEDESPA); 4. Directorate of Management by Results (DIGER); and, 5. Secretary of State in the Office of Transparency and the Fight Against Corruption (STLCC). Additionally, the following institutions may be invited to the sessions of this Sectoral Cabinet with voice, but without vote and in accordance with the types of projects, as detailed below:

  • 1)

    Secretary of State in the Offices of Infrastructure and Transportation (SIT);

  • 2)

    Secretary of State in the Office of Education (SEDUC);

  • 3)

    Secretary of State in the Offices of Community Development, Water and Sanitation (SEDECOAS);

  • 4)

    Honduran Social Investment Fund (FHIS);

  • 5)

    National Commission of Sports, Physical Education and Recreation (CONDEPOR);

  • 6)

    National Commission of Interoceanic Railroad (CONFI); and, 7. Others that have allocations of public investment funds.

Article 3.-

The Sectoral Cabinet for the Coordination, Management and Transparency of Public Investment shall assist the Presidency of the Republic in the formulation of sector policies; its participating bodies may adopt decisions on shared matters, as well as coordinate themselves around common objectives to increase efficiency in management and transparency in public investment projects in infrastructure.

Article 4.-

The Coordination of the Cabinet is responsible for the alignment of the institutions under its coordination with strategic planning and the budget allocated to each of them. By means of the Management by Results System established by the Presidency of the Republic, they shall be responsible for monitoring the objectives and goals contained in the Sectoral Strategic and Operative Plans, in order to evaluate their compliance and performance. The Cabinet shall meet periodically to ensure inter-institutional coordination and shall present its proposals and recommendations to the Presidency of the Republic.

Article 5.-

The Coordination of the Cabinet has the following powers:

  • 1)

    To analyze matters related to the Secretaries of State, Deconcentrated, Decentralized, Autonomous Entities, Programs, Projects, public companies or services and dependencies linked with public investment projects in infrastructure;

  • 2)

    To propose to the Presidency of the Republic the solution of jurisdictional issues that may arise between two or more institutions that make up the sector;

  • 3)

    To remit to the Presidency of the Republic information on the monitoring, progress and evaluation of the institutions and dependencies that make up the Cabinet;

  • 4)

    To present to the Presidency of the Republic the resolutions and recommendations of the Cabinet;

  • 5)

    To evaluate the design, impact and value of the programs and projects that are prioritized;

  • 6)

    To request from the institutions linked with the sector, the information related to public investment projects in infrastructure, regardless of the source of financing, for the monitoring and evaluation thereof;

  • 7)

    To promote accountability of the institutions linked with the sector, implementing mechanisms of oversight and transparency;

  • 8)

    To hear the recommendations of the institutions that make up the sector and decide on the appropriate measures;

  • 9)

    To propose to the Presidency of the Republic the Sectoral Public Policies; and, 10. Any other function assigned to it by the Presidency of the Republic.

Article 6.-

All normative provisions of equal or lesser rank that oppose what is established in the present Decree regarding the functions of the public investment sectoral cabinet are hereby repealed.

Article 7.-

This Decree is effective immediately and shall be published in the Official Gazette "La Gaceta". Given in Tegucigalpa, municipality of the Central District, on the second (02) day of the month of February of the year two thousand twenty-four (2024). COMMUNICATE AND PUBLISH. IRIS XIOMARA CASTRO SARMIENTO PRESIDENT OF THE REPUBLIC RODOLFO PASTOR DE MARÍA CAMPOS SECRETARY OF STATE IN THE OFFICE OF THE PRESIDENCY JOSÉ CARLOS CARDONA ERAZO SECRETARY OF STATE IN THE OFFICE OF SOCIAL DEVELOPMENT MARLON DAVID OCHOA MARTÍNEZ SECRETARY OF STATE IN THE OFFICE OF FINANCE TOMÁS EDUARDO VAQUERO MORRIS SECRETARY OF STATE IN THE OFFICES OF GOVERNANCE, JUSTICE AND DECENTRALIZATION EDUARDO ENRIQUE REINA GARCÍA SECRETARY OF STATE IN THE OFFICES OF FOREIGN AFFAIRS AND INTERNATIONAL COOPERATION JAIME REINALDO TURCIOS OREAMUNO SECRETARY OF STATE IN THE OFFICE OF TRANSPARENCY AND THE FIGHT AGAINST CORRUPTION, BY LAW RICARDO ARTURO SALGADO SECRETARY OF STATE IN THE OFFICE OF STRATEGIC PLANNING FREDIS ALONSO CERRATO VALLADARES SECRETARY OF STATE IN THE OFFICE OF ECONOMIC DEVELOPMENT DORIS YOLANY GARCÍA PAREDES SECRETARY OF STATE IN THE OFFICE OF WOMEN'S AFFAIRS HECTOR GUSTAVO SÁNCHEZ VELÁSQUEZ SECRETARY OF STATE IN THE OFFICE OF SECURITY JOSÉ MANUEL ZELAYA ROSALES SECRETARY OF STATE IN THE OFFICE OF NATIONAL DEFENSE CARLA MARINA PAREDES REYES SECRETARY OF STATE IN THE OFFICE OF HEALTH LUCKY HALACH MEDINA ESTRADA SECRETARY OF STATE IN THE OFFICES OF NATURAL RESOURCES AND ENVIRONMENT DANIEL ENRIQUE ESPONDA VELÁSQUEZ SECRETARY OF STATE IN THE OFFICE OF EDUCATION MELINA NATALIE ROQUE SANDOVAL SECRETARY OF STATE IN THE OFFICE OF HUMAN RIGHTS LAURA ELENA SUAZO TORRES SECRETARY OF STATE IN THE OFFICES OF AGRICULTURE AND LIVESTOCK ERICK MEDARDO TEJADA CARBAJAL SECRETARY OF STATE IN THE OFFICE OF ENERGY OCTAVIO JOSÉ PINEDA PAREDES SECRETARY OF STATE IN THE OFFICES OF INFRASTRUCTURE AND TRANSPORTATION LESLY SARAHÍ CERNA SECRETARY OF STATE IN THE OFFICES OF LABOR AND SOCIAL SECURITY LUIS GUILLERMO CHÉVEZ CONTRERAS SECRETARY OF STATE IN THE OFFICE OF TOURISM, BY LAW GLORIA ANNARELLA VÉLEZ OSEJO SECRETARY OF STATE IN THE OFFICES OF CULTURES, ARTS AND PATRIMONIES OF THE PEOPLES OF HONDURAS WARREN OCHOA ORELLANA SECRETARY OF STATE IN THE OFFICES OF COMMUNITY DEVELOPMENT, WATER AND SANITATION DARÍO JOSUÉ GARCÍA VILLALTA SECRETARY OF STATE IN THE OFFICES OF RISK AND NATIONAL CONTINGENCY MANAGEMENT (COPECO) FABIOLA CLAUDETT ABUDOJ MENA SECRETARY OF STATE FOR THE DEVELOPMENT AND MONITORING OF PROJECTS AND AGREEMENTS LIZETH ARMANDINA COELLO GÓMEZ SECRETARY OF STATE IN THE OFFICES OF CHILDHOOD, ADOLESCENCE AND FAMILY (SENAF)

Notes

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