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March 23, 2018In force

I cannot provide a translation for "PCM-009-2018" as this appears to be a legislative reference code or identification number rather than a law title. If you have the full official title of the law associated with this code, please provide it and I will translate it for you.

Poder Ejecutivo

  • Decree: PCM-009-2018
  • Published: March 23, 2018
  • Issuing body: Poder Ejecutivo
  • Gazette: 34,600
  • Category: Administrative

Summary

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This decree reorganizes Honduras' public administration by creating five Sectoral Cabinets (Governance, Social, Economic, Infrastructure, and Security) coordinated by a Secretary General of Government who assists the President. It establishes new presidential directorates for planning, monitoring, and transparency, and defines coordination functions between public institutions to improve the implementation of the government's program.

Considerations

That Article 245 numeral 2 of the Constitution of the Republic grants the President of the Republic the direction of the general policy of the State.

That Article 4 of Legislative Decree 266-2013, containing the Law to Optimize Public Administration, Improve Services to Citizens and Strengthen Transparency in Government, establishes: "The creation, modification or suspension of the Secretariats of State or of the Deconcentrated Organisms or Entities can only be done by the President of the Republic in Council of Secretaries of State".

That Articles 12, 15 and 29 of the General Law of Public Administration permits the President of the Republic to appoint Secretaries of State in charge of a general responsibility, create Sectoral Cabinets and appoint Sector Coordinators assigning them the task of coordinating the work of various Secretariats of State, deconcentrated, decentralized or regulatory entities, programs, projects and public companies that deal with related matters.

That in accordance with Article 14 as amended of the General Law of Public Administration, the President of the Republic, by Decree in Council of Secretaries of State, may issue within the Centralized Administration, the rules required to determine the competence of the Offices by the Secretariats of State and create the internal departments that may be necessary for good administration.

That Article 7 of the General Law of Public Administration establishes that the acts of Public Administration shall conform to the following regulatory hierarchy: 1) The Constitution of the Republic; 2) International Treaties ratified by Honduras; 3) This Law; 4) Special Administrative Laws; 5) Special and General Laws in force in the Republic; 6) Regulations issued for the application of Laws; 7) Other General or Special Regulations; 8) Administrative Jurisprudence; and, 9) General Principles of Public Law.

That by means of Executive Decree Number 001-2014 dated February 3, 2014, published in the Official Gazette La Gaceta dated February 22, 2014, the Sectoral Cabinets were created, also enumerating the entities of Public Administration that would be assigned to each one of them.

That the policy, strategy and objectives of the Government are defined by the President of the Republic and his actions are discussed and approved through the Council of Secretaries of State.

Articles

Article 1.-

The integral parts of the Secretariat of General Government Coordination are the following entities:

  • 1)

    The Deputy General Coordinators and their respective Sectoral Technical Cabinets;

  • 2)

    The Presidential Directorate of Planning, Results-Based Budgeting and Public Investment (DPPI) and its three National Directorates: of Planning; Results-Based Budgeting; and Public Investment;

  • 3)

    The Presidential Directorate of Monitoring and Evaluation (DME) and its two National Directorates: of Monitoring; and of Evaluation;

  • 4)

    The Presidential Directorate of Transparency, Modernization and Digital Government (DTMG) and its two National Directorates: of Transparency; and Modernization and Digital Government;

  • 5)

    The Technical Unit of Food and Nutritional Security (UTSAN);

  • 6)

    The Presidential Office for Program and Project Follow-up (OPSP);

  • 7)

    The School of Advanced Public Management (EAGP); and, 8. The National Energy Council (CONADEN), including its Technical Secretariat. The following entities shall be coordinated by the Secretariat of General Government Coordination:

    • a)

      MCA-Honduras/INVEST-H (Millennium Account Program) and similar sectoral Executing Units;

    • b)

      National Institute of Statistics (INE);

    • c)

      National Information Center of the Social Sector (CENISS); The aforementioned entities shall maintain their functional and administrative independence in accordance with their respective laws but shall act under the coordination of the Secretariat of General Government Coordination for the achievement of their purposes and the most effective use of the information they generate.

    • d)

      Any others that may be delegated or assigned by the President of the Republic.

Article 2.-

The Governance Cabinet is created, which shall coordinate the following institutions:

  • 1)

    Secretariat of State in the Offices of Government, Justice and Decentralization (SEGOB);

  • 2)

    Secretariat of State in the Office of Human Rights (SEDH);

  • 3)

    Secretariat of State in the Offices of Foreign Relations and International Cooperation. For planning and follow-up purposes, this shall be done with the present Cabinet; however, matters relating to policy and international relations shall be coordinated directly with the President of the Republic in accordance with Article 245 of the Constitution of the Republic;

  • 4)

    Institute of Property (IP);

  • 5)

    National Agrarian Institute (INA);

  • 6)

    Honduran Institute of Anthropology and History (IHAH);

  • 7)

    8. National Land Use Planning Council (CONOT); 9. Executive Commission for State Decentralization (CEDE); 10. Inter-institutional Commission Against Sexual Exploitation, Commercial Exploitation and Trafficking in Persons in Honduras (CICESCT); 11. Commission for the Reform of Public Administration, Centralized and Decentralized; 12. National Committee for Prevention Against Torture, Cruel, Inhuman and Degrading Treatment (CONAPREV). This Cabinet shall be responsible for the following actions:

    • 1)

      To monitor the relations of the Executive Power with the National Commissioner for Human Rights (CONADEH); and with the Office of the United Nations High Commissioner for Human Rights (OHCHR); and other entities that deal with this matter;

    • 2)

      To monitor the policies and processes of transparency, modernization and State reform, as well as digital government actions.

Article 3.-

The Social Cabinet is created, which shall coordinate the following institutions: 1. Secretariat of State in the Offices of Social Development and Inclusion (SEDIS) including: The General Directorate of the Elderly and Persons with Disabilities; the National Directorate of Indigenous and Afro-Honduran Peoples (DINAFROH); the Family Allowance Program (PRAF); the Better Life Program; Special Social Protection Fund; and trusts that finance social policy. 2. Secretariat of State in the Office of Health (SESAL); 3. Secretariat of State in the Office of Education (SEDUC); 4. National Education Council (CNE); 5. Economic and Social Council (CES); 6. National Institute of Women (INAM); 7. National Youth Institute (INJ); 8. City Woman Program; 9. Educational Credit Institute (EDUCREDITO); 10. Presidential Scholarship Program Honduras 20/20; 11. National Board of Childhood (PANI); 12. National Directorate of Childhood, Adolescence and Family (DINAF); 13. Health Regulatory Agency (ARSA); 14. National Autonomous University of Honduras (UNAH); 15. National Pedagogical University Francisco Morazán (UPNFM); 16. National University of Agriculture (UNAG); and, 17. National University of Forestry Sciences (UNACIFOR).

Article 4.-

The Economic Cabinet is created which shall coordinate the following institutions:

  • 1)

    Secretariat of State in the Office of Finance (SEFIN);

  • 2)

    Secretariat of State in the Office of Economic Development;

  • 3)

    Secretariat of State in the Offices of Labor and Social Security (STSS);

  • 4)

    Secretariat of State in the Offices of Agriculture and Livestock (SAG), which includes: The Directorate of Agricultural Science and Technology (DICTA) and the National Service of Agri-food Health and Safety (SENASA);

  • 5)

    Secretariat of State in the Offices of Natural Resources and Environment (MY ENVIRONMENT +);

  • 6)

    Secretariat of State in the Office of Energy (SEN);

  • 7)

    National Energy Council (CONADEN);

  • 8)

    Central Bank of Honduras (BCH);

  • 9)

    Honduran Bank of Production and Housing (BANHPROVI);

  • 10)

    National Bank of Agricultural Development (BANADESA);

  • 11)

    National Commission of Banks and Insurance (CNBS);

  • 12)

    National Commission of Telecommunications (CONATEL);

  • 13)

    National Supervisory Council of Cooperatives (CONSUCOOP);

  • 14)

    Commission for the Defense and Promotion of Competition (CDPC);

  • 15)

    Honduran Tourism Institute (IHT), only in relation to monitoring compliance with strategic planning objectives;

  • 16)

    Administering Commission Free Trade Zone Tourist Islands of the Bay (ZOLITUR);

  • 17)

    Honduran Institute of Agricultural Marketing (IHMA);

  • 18)

    Institute of Professional Training (INFOP);

  • 19)

    Institute of Pensions and Retirement Benefits of Executive Branch Employees (INJUPEMP);

  • 20)

    Honduran Institute of Social Security (IHSS);

  • 21)

    Teaching Profession Pension Institute (INPREMA);

  • 22)

    Military Pension Institute (IPM);

  • 23)

    Social Security Institute of Employees of the National Autonomous University of Honduras (INPREUNAH);

  • 24)

    Institute for Conservation and Development of Forests, Protected Areas and Wildlife (ICF);

  • 25)

    Honduran Institute of Geology and Mines (INHGEOMIN);

  • 26)

    National Supplier of Basic Products (BANASUPRO);

  • 27)

    National Center for Education for Work (CENET);

  • 28)

    National System of Science, Technology and Innovation (Comprised of the National Secretariat of Science, Technology and Innovation (SENACYT) and the Honduran Institute of Science, Technology and Innovation (IHCIETI); and the National Quality System, comprised of: The Honduran Accreditation Body, Honduran Standards Body, and the Honduran Center for Metrology; and, 29. National Directorate of State Assets.

Article 5.-

The Cabinet of Infrastructure, Services and Public Enterprises is created, which shall coordinate the following institutions:

  • 1)

    Secretariat of State in the Offices of Infrastructure and Public Services (INSEP);

  • 2)

    National Port Company (ENP);

  • 3)

    National Electric Energy Company (ENEE) and its subsidiary companies;

  • 4)

    Honduran Telecommunications Company (HONDUTEL);

  • 5)

    Honduras Postal Company (HONDUCOR);

  • 6)

    National Railroad of Honduras;

  • 7)

    Institute of Community Development, Water and Sanitation (IDECOAS) which includes the integration of the following entities: The Honduran Social Investment Fund (FHIS); the National Sustainable Rural Development Program (PRONADERS); the Autonomous National Water and Sewerage Service (SANAA); and the Honduran Institute of Educational Physical Infrastructure (INHIFE);

  • 8)

    Honduran Institute of Land Transport;

  • 9)

    National Commission of Housing and Human Settlements (CONVIVIENDA);

  • 10)

    Commission for Flood Control of the Sula Valley (CCIVS);

  • 11)

    Commission for Public-Private Partnerships (COALIANZA), only in relation to monitoring compliance with strategic planning objectives;

  • 12)

    Electric Energy Regulatory Commission (CREE);

  • 13)

    Superintendence of Public-Private Partnerships (SAPP);

  • 14)

    Regulatory Entity for Drinking Water and Sanitation Services (ERSAPS);

  • 15)

    MCA-Honduras/INVEST-H (Millennium Account Program);

  • 16)

    Presidential Office for Program and Project Follow-up (OPSP); and, 17. The entity responsible for maintenance of the country's road network.

Article 6.-

The Cabinet of Prevention, Security and Defense is created, which shall coordinate the following institutions:

  • 1)

    Secretariat of Security;

  • 2)

    Secretariat of Defense;

  • 3)

    Executive Directorate of Culture and Arts;

  • 4)

    Executive Directorate of Sports;

  • 5)

    National Commission for Sports Facilities and Sports Improvement (CONAPID);

  • 6)

    Autonomous Sports Confederation of Honduras (CONDEPAH);

  • 7)

    Honduran Institute for the Prevention of Alcoholism, Drug Addiction and Pharmaceutical Dependence (IHADFA);

  • 8)

    National Program of Prevention, Rehabilitation and Social Reintegration (PNPRRS);

  • 9)

    Center of Garinagu Culture of Honduras;

  • 10)

    National Directorate of Parks and Recreation;

  • 11)

    National Migration Institute (INM);

  • 12)

    National Penitentiary Institute (INP);

  • 13)

    National Institute for the Care of Juvenile Offenders (INAMI);

  • 14)

    General Directorate of the Merchant Marine (DIMAM);

  • 15)

    Honduran Civil Aeronautics Agency (AHAC);

  • 16)

    Directorate of Police Disciplinary Affairs (DIDAPOL);

  • 17)

    National Directorate of Investigation and Intelligence (DNII);

  • 18)

    Office for the Administration of Seized Assets (OABI);

  • 19)

    National Inter-institutional Security Force (FUSINA);

  • 20)

    Permanent Commission for Contingencies (COPECO);

  • 21)

    National Emergency System (SNE); and, 22. Fire Department (CB).

Article 7.-

The Secretary of State for General Government Coordination is in charge of assisting the President of the Republic in the direction and coordination of public administration and shall be supported in the performance of his functions by a Deputy Secretary of State and the Deputy General Government Coordinators. The Secretary of State for General Government Coordination must convene periodic meetings with the Deputy General Government Coordinators, who are in charge of the Sectoral Cabinets.

Article 8.-

Within the scope of the functions attributed in Article 29 of the General Law of Public Administration, the Secretary of State for General Government Coordination has the following powers:

  • 1)

    To analyze matters related to the Sectoral Cabinets, Secretariats of State, Deconcentrated, Decentralized, Autonomous entities, dependencies, programs and projects that make up the Executive Power and present his recommendations to the President of the Republic for its proper functioning;

  • 2)

    To propose to the President of the Republic and, once approved by him, to monitor the compliance with strategic objectives and goals, efficient and transparent budget execution, within the approved sectoral and institutional spending ceilings;

  • 3)

    To analyze and when appropriate propose for approval to the President of the Republic, prior to the procedure established by the Organic Budget Law, the modifications to the Budget;

  • 4)

    To authorize, with prior approval of the President of the Republic, the sectoral strategic and operational plans, including the goals, products and results foreseen in the Government Program; to monitor and evaluate their compliance and impact;

  • 5)

    To propose to the President of the Republic the solutions to matters of jurisdiction that may arise between two (2) or more Sectoral Cabinets or between institutions;

  • 6)

    To hear the recommendations of the Sectoral Cabinets and, as appropriate, to consult them with the President of the Republic to resolve what is necessary;

  • 7)

    To supervise the performance of tax collection and keep the President of the Republic informed of the results;

  • 8)

    To coordinate the National Institute of Statistics (INE) and analyze national statistics in order to guide medium and long-term planning, as well as the impact of government projects and programs; and, 9. To order the start, guide and coordinate with the Secretariat of Finance, the process of formulating projects for the General Budget of Income and Expenses of the Republic; Law of General Budget Provisions; and of the Public Investment Program, with the purpose of ensuring the allocation of resources for achieving the objectives and goals defined by the President of the Republic. To this end and in compliance with Article 18 of the Organic Budget Law, the Secretariat of General Government Coordination must prepare annually for approval by the President of the Republic, the draft Annual Budget Policy to which the organs and organisms of the Public Sector must be subject. In its preparation it shall coordinate with the Secretariat of Finance and the Central Bank of Honduras. The Annual Budget Policy must establish the guidelines for the preparation of the draft General Budget of Income and Expenses of the Republic by the Secretariat of Finance, through its General Budget Directorate. The Annual Budget Policy must include, among others, the objectives, goals, priorities, directions and estimates of the maximum amounts of assignable credits, in a global manner and to each state organ or organism. For this purpose the Secretariat of Finance shall provide the Secretariat of General Government Coordination with the Macroeconomic Framework and the Annual and Medium-Term Spending Framework, both consistent with the goals and fiscal, monetary and credit policies. Likewise, the Annual Budget Policy shall contain the guidelines for the preparation of the General Budget Provisions and the Public Investment Program which shall be prepared by the General Directorates of Budget and Public Investment of the Secretariat of Finance, in close coordination with the Secretariat of General Government Coordination. Once the Budget Policy is issued by the President of the Republic, the General Government Coordinator must order the start of the process of formulating the aforementioned documents and others that are considered necessary to strengthen said policy. Once the aforementioned documents are completed, the Secretariat of State in the Office of Finance shall present them for review and approval of the General Government Coordinator. If found to be in accordance, he must refer them to the President of the Republic for authorization to be discussed and approved by the Council of Secretaries of State and the subsequent submission of the same to the National Congress of the Republic; and, 10. Any other function assigned by the President of the Republic.

Article 9.-

The Deputy General Government Coordinators are subordinate both hierarchically and functionally to the Secretary of General Government Coordination. They must assist him in the performance of his functions within the sector assigned to them. They must also coordinate the institutions within their respective Sectoral Cabinet and shall ensure that the institutions within their respective Cabinets are aligned with strategic planning, sectoral planning, the budget assigned to them and the Public Investment Program. Through the Results Management System, they are responsible for monitoring the objectives and goals contained in the Strategic, Sectoral and Institutional Operational Plans, as well as for evaluating their compliance. The Deputy General Government Coordinators must meet periodically to ensure inter-sectoral coordination and present their recommendations individually or collectively to the Secretary of General Government Coordination. To perform their functions, the Deputy General Government Coordinators shall work in a matrix fashion with the Presidential Directorate of Planning, Results-Based Budgeting and Public Investment; the Presidential Directorate of Monitoring and Evaluation; and the Presidential Directorate of Transparency, Modernization and Digital Government. Each Deputy General Government Coordinator shall have a sectoral technical cabinet, which shall assist them directly in the performance of their functions. The organization and number of persons comprising it shall be authorized by the Secretary of General Government Coordination.

Article 10.-

The Deputy General Government Coordinators have the following powers:

  • 1)

    To analyze and coordinate matters related to the Secretariats of State, Deconcentrated, Decentralized entities, programs, projects and dependencies that make up their respective sector and to keep the Secretary of General Government Coordination permanently informed of the progress of relevant matters;

  • 2)

    To propose to the Secretary of General Government Coordination the solution to matters of jurisdiction that may arise between two or more institutions in their respective Sector;

  • 3)

    To approve, at the proposal of the head of the respective institution, the Institutional Strategic and Operational Plans, including the goals, products and results in accordance with the Strategic Planning concretized in the Annual Strategic Plan and the Multi-year Strategic Plan;

  • 4)

    To recommend to the General Government Coordinator the assignment of spending budget ceilings prior to the issuance of the Annual Budget Policy by the President of the Republic, for its inclusion in the Draft General Budget of Income and Expenses of the Republic;

  • 5)

    To analyze and propose to the General Government Coordinator the modifications of the budget, all this prior to the respective procedure established by the Organic Budget Law;

  • 6)

    To report monthly to the Secretary of General Government Coordination on the monitoring and performance of the institutions, programs, projects and dependencies that make up the corresponding Sectoral Cabinet;

  • 7)

    To propose and monitor the evaluation of the impact of priority sectoral policy measures and their contribution to Government objectives in the long term. 8. To propose alignment and manage support for international cooperation for the Sector under its competence. 9. To propose and promote mechanisms for permanent dialogue between the public and private sectors related to the cabinet under its charge. 10. To present to the Secretary of General Government Coordination the resolutions and recommendations corresponding to its respective Sectoral Cabinet, which may be consulted by the Secretary of General Government Coordination for approval by the President of the Republic and, as appropriate, with his authorization, raise them for the knowledge, discussion and approval of the Council of Secretaries of State; 11. To hear the situations and recommendations of the Secretariats of State, Deconcentrated, Decentralized entities, programs, projects and dependencies that make up its Sector and resolve what is necessary; 12. To propose to the Secretary of General Government Coordination the Sectoral Public Policies; and, 13. Any other function assigned by the Secretary of General Government Coordination.

Article 11.-

The budget, furniture, equipment and materials allocated in the General Budget of Income and Expenses of the Republic for the operation of the Sectoral Cabinets, including those that have been merged or eliminated by this Executive Decree, must be transferred to the Office of General Government Coordination. The Ministry of Finance and the National Assets Department of the State shall proceed to carry out these transfers in the shortest time possible, as appropriate.

Article 12.-

The human resources currently working in the institutions that have been integrated, merged or eliminated by this Executive Decree, as well as those institutions that are ascribed to it, shall be subjected to a process of evaluation, suitability and performance. The financing for the labor liabilities of human resources of institutions that have been integrated, merged or eliminated, that are not evaluated positively or whose services are not required by the new institutional structure, shall be covered as much as possible by their budgetary allocations and the Ministry of Finance in its case.

Article 13.-

The Decentralized and Deconcentrated institutions of the Executive Branch have the organization and powers conferred upon them by their laws and must act under the guidance of the objectives of Strategic Planning, the Annual Plan and the Multi-year Plan and in proper coherence with the guidelines of the Sectoral Cabinet to which they are integrated by virtue of this Decree. Likewise, their directors have the obligation to participate in the meetings of the Sectoral Cabinets to which they are summoned.

Article 14.-

The order of precedence of the Secretaries of State and members of the Council of Secretaries of State is as follows:

  • 1)

    General Coordinator of Government;

  • 2)

    Secretary of the Presidency;

  • 3)

    Secretary of Interior, Justice and Decentralization;

  • 4)

    Secretary of Foreign Relations and International Cooperation, who shall have first precedence when engaged in diplomatic activities outside the country;

  • 5)

    Secretary of Development and Social Inclusion;

  • 6)

    Secretary of Economic Development;

  • 7)

    Secretary of Infrastructure and Public Services;

  • 8)

    Secretary of Security;

  • 9)

    Secretary of Defense;

  • 10)

    Secretary of Health;

  • 11)

    Secretary of Education;

  • 12)

    Secretary of Labor and Social Security;

  • 13)

    Secretary of Agriculture and Livestock;

  • 14)

    Secretary of Natural Resources and Environment;

  • 15)

    Secretary of Finance;

  • 16)

    Secretary of Human Rights; and, 17. Secretary of Energy. CHAPTER III GENERAL AND SPECIAL PROVISIONS

Article 15.-

The Presidential System for Monitoring Income and Expenses of the Public Administration is created, which is ascribed to the Office of General Government Coordination, in the Presidential Office of Monitoring and Evaluation. The Ministry of Finance (SEFIN), the Tax Administration Service (SAR), the customs authority and all institutions of the Executive Branch that generate or receive income, whether from their own activities, occasional activities or arising from current legal provisions are obligated to send by no later than the 10th day of each month, a report of the income received or generated, including disbursements and incorporations of external reimbursable and non-reimbursable funds. The reports from SEFIN, SAR and Customs Authority shall be daily. SEFIN reports must include a daily Treasury report.

Article 16.-

The Office of the President's Private Secretary and Chief of the Presidential Residence Staff is created, to whom the President grants the rank of Secretary of State. The Office is ascribed to the Presidency of the Republic. The President's Private Secretary and Chief of the Presidential Residence Staff must directly account to the President of the Republic for the fulfillment of their functions.

Article 17.-

The President's Private Secretary and Chief of the Presidential Residence Staff has the following functions:

  • 1)

    To sign, when delegated by the President of the Republic, Executive Agreements of Appointment and Termination in the Secretariats of State and when applicable in other dependent institutions of the Executive Branch, as well as other personnel actions that must be signed by the President of the Republic in accordance with the Civil Service Law and other applicable laws;

  • 2)

    To direct, supervise and evaluate the performance of all Directorates, Departments, Units, programs or projects that carry out direct work for the Presidential Residence;

  • 3)

    To attend meetings of the Council of Secretaries of State;

  • 4)

    To execute or follow up on instructions issued by the President of the Republic;

  • 5)

    To coordinate, at the behest of the President, Task Forces, Commissions and Committees;

  • 6)

    Other assignments that the President of the Republic may entrust to him.

Article 18.-

The Office of Investment Promotion is created, which coordinates the Public-Private Partnerships Commission (COALIANZA), the Honduran Institute of Tourism (IHT) and shall provide follow-up and contribute to the success of actions carried out in this field by the Secretariats of Foreign Relations and International Cooperation, Economic Development and its Pro Honduras Program, the Honduras 20/20 Program, the Country Brand Program, the National Investment Council; and other institutions, projects or programs intended to promote the image of Honduras, attract national and foreign investment in productive activities and increase our foreign trade. The President grants to the person in charge of the Office of Investment Promotion the rank of Secretary of State.

Article 19.-

The Office of Communications and Strategy is created, which shall be responsible for the formulation, direction, execution and evaluation of policies and activities related to communications, ensuring their compatibility with the strategies defined by the President of the Republic. The President grants to the person in charge of the Office of Communications and Strategy the rank of Secretary of State. The Office of Communications and Strategy shall especially be responsible for the dissemination of public information by the Government of the Republic, through national and foreign spoken, written and television media, social networks, national and foreign press agencies and any other means of communication or dissemination. Likewise, the Office of Communications and Strategy shall coordinate the Presidential Strategy Commission, follow up on its recommendations and provide necessary inputs to the Presidential Office for the formulation of its agenda; and shall coordinate the Country Brand Program, in addition to other functions assigned to it by the President of the Republic.

Article 20.-

The Secretary of State of the Presidency; the Office of the President's Private Secretary and Chief of the Presidential Residence Staff; the Office of Investment Promotion; and the Office of Communications and Strategy report directly to the President of the Republic. However, the entities, projects and programs that are ascribed to each of them are incorporated for purposes of coordination, monitoring and evaluation into the respective Sectoral Cabinets.

Article 21.-

The Institute of Community Development, Water and Sanitation (IDECOAS) is hereby created, which shall be integrated by the National Program for Sustainable Rural Development (PRONADERS); the Honduran Social Investment Fund (FHIS); the National Autonomous Service of Aqueducts and Sewers (SANAA); and the Honduran Institute of Educational Physical Infrastructure (INHIFE). The new organizational structure, functioning and competencies of IDECOAS shall be established in an Executive Decree in Council of State Secretaries. The President grants the person in charge of this Institute the rank of Secretary of State.

Article 22.-

The Committee for Non-Reimbursable External Cooperation is hereby created, which shall make decisions for strategic prioritization, alignment, certification of fiscal space and authorization of management by the central government or local governments, prior to the execution of agreements, letters, accords or any instrument of non-reimbursable external cooperation, in order to maintain coherence with the Medium-Term Macro Fiscal Framework, rationalize the use of public resources and ensure counterpart funds. The Committee shall be composed of one representative from each of the following institutions: 1. Secretariat of General Government Coordination; 2. Secretariat of Finance; and, 3. Secretariat of Foreign Relations and International Cooperation. The Committee shall be presided over by the Secretariat of Finance and shall meet as many times as necessary to fulfill its functions which are, among others:

  • 1)

    Maintain inter-institutional coordination among the entities responsible for the management of non-reimbursable external cooperation;

  • 2)

    Evaluate the strategic consistency of non-reimbursable external cooperation and align it with the country's priorities and those of the Government of the Republic;

  • 3)

    Authorize the commitments of national counterpart in accordance with budgetary availability and medium-term fiscal space prior to any formalization thereof;

  • 4)

    Define the mechanisms for formalization and registration of non-reimbursable external cooperation;

  • 5)

    Authorize governmental institutions: centralized, decentralized or deconcentrated, as well as municipal corporations, before conducting any management of non-reimbursable external cooperation initiatives; and, 6. Define the mechanisms to incorporate into the General Budget of Income and Expenses of the Republic all resources from Non-Reimbursable External Cooperation, as well as to the Integrated Financial Administration System (SIAFI); the Presidential System of Management by Results for its respective monitoring; and to the Cooperation Management Platform (PGC).

Article 23.-

The National Center for Education and Work (CENET) of the Secretariat of Education is transferred to be under the Secretariat of Economic Development, including its budget items and other assets and goods.

Article 24.-

The General Directorate of the Merchant Marine is hereby placed under the Secretariat of Defense, including its budget items, other assets and goods.

Article 25.-

The following are placed under the State Secretariat of the Presidency: National Company of Graphic Arts (ENAG); the National Commission for Sports Facilities (CONAPID); the Autonomous Sports Confederation of Honduras (CONDEPAH); the Honduran Institute for the Prevention of Alcoholism, Drug Addiction and Pharmacological Dependence (IHADFA); the Program for Prevention, Rehabilitation and Social Reinsertion; the Permanent Committee on Contingencies (COPECO). The promotion of culture, the arts and sports are the responsibility of the Secretariat of the Presidency of the Republic, and the administrative structures, personnel and budget of the former State Secretariat of Culture, Arts and Sports are also transferred to the State Secretariat of the Presidency. These institutions shall maintain their functional and administrative independence in accordance with their respective laws but shall act under the coordination of the Secretariat of the Presidency.

Article 26.-

The Honduran Institute of Geology and Mines (INHGEOMIN) and the National Institute of Forest Conservation and Development, Protected Areas and Wildlife (ICF) shall cease to be General Directorates of the State Secretariat in the Offices of Natural Resources and Environment and shall resume their technical, functional and administrative independence established in the respective laws that govern them. The programs and projects of external cooperation, with credits or non-reimbursable financing that benefit both institutions, shall continue to be executed in the same manner as up to now, as long as the respective instruments that gave rise to them are not modified by mutual agreement of the Parties. The projects that are adopted under the Law for the Promotion of Tourism and its respective Regulation are excepted from the provisions of the preceding paragraph. These must be managed in a joint and coordinated manner between the ICF and the Honduran Institute of Tourism, in order to safeguard the sustainable and economic development of the nation through the generation of employment and improvement of living conditions for communities receiving tourism investment. The State Secretariat in the Offices of Natural Resources and Environment may also be named MY ENVIRONMENT +. It shall have two Under-Secretariats of State: Natural Resources; and, Environment.

Article 27.-

The Tax Administration Service (SAR) and the Authority in charge of Customs Administration shall be placed under the Presidency of the Republic, to which they shall directly account for their functioning, performance in relation to tax and customs collection goals, as well as for the personnel certification processes of these institutions, policies and other legal attributions or those that the President of the Republic may instruct. Likewise, it must present the corresponding reports to the Presidential System for Monitoring Income and Expenses of the Public Administration created in Article 15 of this Executive Decree.

Article 28.-

The Secretariat of General Government Coordination and the Secretariat of Finance must propose to the President of the Republic a labor compensation policy in accordance with the capacities, experience, responsibilities and complexity of the functions of high officials of the Executive Branch in accordance with Article 31 of Legislative Decree 284-2013.

Article 29.-

In his capacity as Secretary of the Council of State Secretaries determined in Article 252 of the Constitution of the Republic, the Secretary of the Presidency has the following functions:

  • 1)

    Convene sessions by instructions of the President of the Republic;

  • 2)

    Prepare and present for approval of the President of the Republic the proposed agenda of the Council of State Secretaries;

  • 3)

    Draw up the minutes of the session of the Council of State Secretaries;

  • 4)

    Receive from the State Secretaries the request for topics to be included in the Agenda of the Council of State Secretaries;

  • 5)

    Follow up on the resolutions of the Council of State Secretaries;

  • 6)

    Submit to the National Congress the Legislative Initiatives of the Executive Branch by instructions of the President of the Republic; and, 7. The other functions that may be assigned by the President of the Republic.

Article 30.-

The State Secretariat in the Office of the Presidency shall have two Under-Secretariats of State, the functions of each one shall be established in the respective appointment agreement.

Article 31.-

To reform Articles 1, 2 and 3 of Executive Decree Number PCM 002-2014 dated February 3, 2014, published in the Official Gazette La Gaceta dated February 28, 2014 and to add Article 4, which shall read as follows:

Article 1

The Presidential Directorate of Planning, Results-Based Budget and Public Investment is hereby created as an administrative body of the Presidency of the Republic, attached to the State Secretariat of General Government Coordination, whose Director shall be freely appointed and removed by the President of the Republic, with the following powers:

  • a)

    To formulate the proposal for national planning within the framework of the Country Vision and Nation Plan materialized in an Annual Plan and a Multi-Year Plan;

  • b)

    To assist the entities of the Executive Power in the formulation of annual institutional and operational planning in accordance with the objectives and goals defined in National and Sectoral Planning within the framework of the Country Vision and Nation Plan materialized in the Annual Plan and Multi-Year Plan, generated by the Presidential Directorate of Planning, Results-Based Budget and Public Investment. c.- To propose general and sectoral global policies and recommend how to improve their effectiveness and the impact of government programs; d.- To propose policies for the promotion of equal opportunities; e.- To propose the allocation of resources to achieve the objectives and goals defined by the President of the Republic within the Macroeconomic Framework in the Annual Strategic Plan and in the Multi-Year Plan, both by Sectors, through the articulation of the Budget Subsystem and the Public Investment Program; and its linkage with External Cooperation; f.- To analyze national statistics and conduct the prospective studies required to guide medium and long-term planning; g.- The following shall be attached to this Presidential Directorate: The administrative structures, personnel and budget of the former Planning Secretariat (SEPLAN) and the organizational and budgetary structures of the General Directorates of Budget and Public Investment linked to the functions described above".

Article 2

The Presidential Directorate of Monitoring and Evaluation is hereby created as an administrative body of the Presidency of the Republic, attached to the State Secretariat of General Government Coordination, whose Director shall be freely appointed and removed by the President of the Republic, with the following powers:

  • a)

    To create the mechanisms and procedures for monitoring and evaluating the results of Government management.

  • b)

    To propose for consideration by the President of the Republic the candidates for Compliance Directors in each State Secretariat and in each Institution of the Executive Power, who shall be freely appointed and removed by the President of the Republic. The Compliance Directors shall report to the Presidential Directorate of Monitoring and Evaluation and shall assist in the respective institutions in monitoring the execution of annual strategic and institutional plans, as well as in the effective functioning of the National Results Management System.

  • c)

    To continuously train the Compliance Directors and the Planning and Management Evaluation Units (UPEG), which shall be directed by them for the fulfillment of their responsibilities.

  • d)

    To formulate recommendations to the President of the Republic to improve the achievement of the objectives and goals of the Government of the Republic; and,

  • e)

    The administrative structures, personnel and budgetary matters of the former Planning Secretariat (SEPLAN) linked to the functions described above shall be attached to this Presidential Directorate".

Article 3

The Presidential Directorate of Transparency, Modernization and Digital Government is hereby created as an administrative body of the Presidency of the Republic, attached to the State Secretariat in the Office of General Government Coordination, whose Director shall be freely appointed and removed by the President of the Republic, with the following powers:

  • a)

    To formulate and propose policies and programs of transparency and the fight against corruption in coordination with external control entities and other State bodies with functions of transparency and anti-corruption;

  • b)

    To promote the practice of public ethics and accountability;

  • c)

    To strengthen, make more efficient and establish adequate coordination of internal controls;

  • d)

    To strengthen transparency in the allocation and use of public resources;

  • e)

    To analyze, propose and execute plans for the modernization and reform of the State in order to make it more efficient, effective and transparent; and, f. To promote the use by state institutions of computer technology to simplify government, bring it closer to the citizen and make it more open. The National Office for Comprehensive Internal Control Development (ONADICI) shall be attached to this Presidential Directorate as a specialized technical body of the Executive Power, responsible for comprehensive institutional internal control development; and the Normative Office for State Procurement and Acquisitions (ONCAE)".

Article 4

For the fulfillment of its functions, the Presidential Directorates shall have the following structure: 1. The Presidential Directorate of Planning, Results-Based Budget and Public Investment shall have the following National Directorates:

  • a)

    National Directorate of Strategic Planning;

  • b)

    National Directorate of Results-Based Budget; and, c. National Directorate of Public Investment. 2. The Presidential Directorate of Monitoring and Evaluation shall have the following National Directorates: a. National Directorate of Monitoring; and, b. National Directorate of Evaluation. 3. The Presidential Directorate of Transparency, Modernization and Digital Government shall have the following National Directorates: a. National Directorate of Transparency; and, b. National Directorate of Modernization and Digital Government".

Article 32.-

To reform Articles 11, 12, 13 and 14 of Executive Decree Number PCM 021-2014 dated July 16, 2014, published in the Official Gazette La Gaceta dated July 24, 2014, which shall read as follows:

Article 11

In the absence of the President of the Republic, the Presidency of the National Council of the Nation Plan established in numeral 1 of Article 13 of Legislative Decree Number 286-2009 containing the Law for the Establishment of a Country Vision and the Adoption of a Nation Plan for Honduras shall be exercised by the General Government Coordinating Secretary, in which case the Technical Secretariat thereof shall be exercised by the Presidential Director of Planning, Results-Based Budget and Public Investment".

Article 12

In accordance with what is established in the previous Article, the General Government Coordinating Secretary shall in turn exercise the powers and obligations established in Articles 11, 12, numerals 1, 2, 3, 6, 12, 13 and 14 of Article 20; numerals 1, 4 and 7 of Article 23, of Legislative Decree Number 286-2009 containing the Law for the Establishment of a Country Vision and the Adoption of a Nation Plan for Honduras. The functions of Territorial Planning shall be exercised by the National Planning Directorate through the Territorial Planning Division. The State Secretariat in the Office of General Government Coordination shall provide all collaboration required by the Presidency of the Republic or the State Secretariat of the Presidency, for the coordination of activities with the Regional Development Councils and the Regional Planning Technical Units (UTPR)".

Article 13

For the fulfillment of what is provided in the two previous articles, the Executive Directorate of the Nation Plan is hereby created, as a deconcentrated body of the State Secretariat of General Government Coordination, whose organization, powers and functioning and other matters not provided for in this content shall be established in the corresponding Ministerial Agreement".

Article 14

The State Secretariat in the Office of the Presidency must transfer to the State Secretariat of General Government Coordination, the assets (furniture, equipment, vehicles and others), the administrative structures, among them, the General Directorate of Territorial Planning and the General Directorate of Regional Coordination, Regional Commissioners and Permanent Regional Technical Units, its personnel and the unexecuted budget, as of the date of this Executive Decree and, corresponding to the current fiscal year 2018; all of the aforementioned assigned, in final form, for the fulfillment of the Law for the Establishment of a Country Vision and the Adoption of a Nation Plan for Honduras. The State Secretariat in the Office of Finance must incorporate, within the budget of the State Secretariat of General Government Coordination, the budgetary allocations necessary and that guarantee the fulfillment of the Law for the Establishment of a Country Vision and the Adoption of a Nation Plan for Honduras".

Article 33.-

To repeal Executive Decree Number PCM-001-2014 dated February 3, 2014, published in the Official Gazette La Gaceta dated February 22, 2014; to repeal Article 8 of Executive Decree Number PCM-021-2014 dated July 16, 2014, published in the Official Gazette La Gaceta dated July 24, 2014; and to repeal Executive Decree Number PCM 042-2014, published in the Official Gazette La Gaceta on July 28, 2014.

Article 34.-

This Executive Decree shall enter into force as of its publication in the Official Gazette "La Gaceta". Given in Tegucigalpa, municipality of the Central District on the fifteenth (15) day of the month of March of the year two thousand eighteen (2018). LET IT BE KNOWN AND PUBLISHED. JUAN ORLANDO HERNÁNDEZ ALVARADO PRESIDENT OF THE REPUBLIC JORGE RAMÓN HERNÁNDEZ ALCERRO GENERAL GOVERNMENT COORDINATING SECRETARY EBAL JAIR DÍAZ LUPIAN STATE SECRETARY OF THE PRESIDENCY HECTOR LEONEL AYALA ALVARENGA STATE SECRETARY IN THE OFFICES OF GOVERNANCE, JUSTICE AND DECENTRALIZATION MARÍA DOLORES AGÜERO LARA STATE SECRETARY IN THE OFFICES OF FOREIGN RELATIONS AND INTERNATIONAL COOPERATION REINALDO ANTONIO SÁNCHEZ RIVERA STATE SECRETARY IN THE OFFICES OF DEVELOPMENT AND SOCIAL INCLUSION ARNALDO CASTILLO FIGUEROA STATE SECRETARY IN THE OFFICE OF ECONOMIC DEVELOPMENT ROBERTO ANTONIO PINEDA RODRIGUEZ STATE SECRETARY IN THE OFFICES OF INFRASTRUCTURE AND PUBLIC SERVICES, BY LAW JULIAN PACHECO TINOCO STATE SECRETARY IN THE OFFICE OF NATIONAL SECURITY FREDY DIAZ ZELAYA STATE SECRETARY IN THE OFFICE OF NATIONAL DEFENSE OCTAVIO SANCHEZ MIDENCE STATE SECRETARY IN THE OFFICE OF HEALTH MARCIAL SOLIS PAZ STATE SECRETARY IN THE OFFICE OF EDUCATION CARLOS ALBERTO MADERO ERAZO STATE SECRETARY IN THE OFFICES OF LABOR AND SOCIAL SECURITY SANTIAGO RUIZ CABUS STATE SECRETARY IN THE OFFICES OF AGRICULTURE AND LIVESTOCK JOSÉ ANTONIO GALDAMES FUENTES STATE SECRETARY IN THE OFFICES OF NATURAL RESOURCES, ENVIRONMENT AND MINES ROCIO IZABEL TABORA MORALES STATE SECRETARY IN THE OFFICE OF FINANCE KARLA EUGENIA CUEVA AGUILAR STATE SECRETARY IN THE OFFICE OF HUMAN RIGHTS ROBERTO ANTONIO ORDOÑEZ WOLFOVICH STATE SECRETARY IN THE OFFICE OF ENERGY.

Notes

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