Executive Decree PCM-038-2018 by which the Technical Cabinet for the Administrative Simplification Strategy is created
Poder Ejecutivo
- Decree: PCM-038-2018
- Published: June 29, 2018
- Issuing body: Poder Ejecutivo
- Gazette: 34,679
- Category: Administrative
Summary
This decree creates a Technical Cabinet led by a Presidential Delegate to simplify government administrative procedures. It affects all Executive Power institutions, requiring them to collaborate in reducing response times and unnecessary requirements to improve public service quality and attract investments.
Considerations
Whereas, in accordance with Article 245, numerals 11 and 35 of the Constitution of the Republic, the President of the Republic is responsible for the General Administration of the State, and among other powers has the authority to issue Agreements, Decrees and to issue Regulations and Resolutions in accordance with the Law, to create, maintain and eliminate public services and to take the measures that are necessary for the proper functioning thereof.
Whereas, in accordance with Article 6 of the General Law of Public Administration, as reformed by Legislative Decree No. 266-2013, the President of the Republic must take the measures that are necessary to ensure that plans, policies, projects and programs are fulfilled, for the purpose of modifying the strategic management bodies that the President deems necessary. Given that, in accordance with Article 11 of the General Law of Public Administration, the President of the Republic is responsible for the supreme direction and coordination of Centralized and Decentralized Public Administration, the General Administration of the State, and may act on his own or in Council of State Secretaries.
Whereas, in accordance with Article 13 of the General Law of Public Administration, as reformed by Legislative Decree No. 266-2013, the President of the Republic may create commissions composed of public officials, prominent personalities or representatives of the various sectors of national life and national or foreign advisors; and likewise may designate sole authorities for the development of areas, programs or special projects, with the powers determined by the Decrees of their creation.
Whereas, to ensure adequate administration and efficiency in processes related to administrative procedures, it is necessary to have a Simplification Strategy that permits substantial improvement of processes, reducing response times and thereby maintaining appropriate decision-making regarding resources.
Whereas, economic growth, competitiveness and the promotion of investments in the country require eliminating arbitrariness in decision-making through wide and timely dissemination of administrative procedures and processes, with the purpose of avoiding the requirement of undue requirements and delayed processes.
Articles
The Technical Cabinet is created for the formulation, successful implementation, and monitoring of the Administrative Simplification Strategy, which shall be presided over by a Delegated Presidential Designate. The Technical Cabinet shall assist directly the Delegated Designate in the functions that the President of the Republic delegates to him, relating to the Administrative Simplification Strategy and shall work in close coordination with the State Secretariat in the Office of General Government Coordination (SCGG). The organization and number of persons that make up the Technical Cabinet must be authorized by the Delegated Presidential Designate. The Technical Cabinet of the Delegated Presidential Designate must formulate an Action Plan of the Strategy in which the Target Institutions where it will be implemented shall be prioritized. The aforementioned Strategy shall contain the provisions and requests for information or other actions. The budget, furniture, equipment, and materials for the operation of the Technical Cabinet shall be funded by governmental transfers made by the State Secretariat in the Office of Finance (SEFIN), the amount of which shall be determined in the annual operational plans and the contributions generated by International and national Cooperation in the framework of this matter, thus ensuring its operability as of the year 2018.
The President of the Republic shall delegate to one of the three (3) Presidential Designates the responsibility for formulating, implementing, and monitoring the Administrative Simplification Strategy, which has as its objective the promotion of substantial improvement of processes, decreasing response times, providing quality in service, in all matters relating to administrative and operational procedures of the Institutions that make up the Executive Branch, as well as in the provision of services provided by the same. To this end, the Delegated Presidential Designate shall have the support of all Institutions of the Executive Branch, including the State Secretariat in the Office of General Government Coordination (SCGG). The State Secretariat in the Office of General Government Coordination (SCGG) shall unite complementary efforts with the role of simplification and the directorship in the matter of Modernization of the State in accordance with the powers stipulated in Executive Decree Number 3-PCM published in the Official Gazette "La Gaceta" on March 23, 2018.
The Administrative Simplification Strategy and its Action Plan shall be formulated jointly with the State Secretariat in the Office of General Government Coordination (SCGG), with the collaboration of the Institutions that make up the Executive Branch, programs, and the Productive Sectors of the country. The implementation and monitoring of said Strategy shall be in charge of the Delegated Presidential Designate through the Technical Cabinet. The Strategy may propose reform proposals to the Administrative Simplification Law, Administrative Procedure Law, among others. It shall also include the approval of the Public Policy on Administrative Simplification as well as its Short, Medium, and Long-Term Action Plan. The Strategy shall prioritize the processes that must be simplified based on their impact on productive activities, the attraction of investments, and the creation of employment.
State Secretaries and Subsecretaries; Presidents, Vice Presidents; Managers, Submanagers; Directors, Subdirectors; Commissioners and Subcommissioners; Heads of the Decentralized and Deconcentrated entities of the Executive Branch are obligated to provide proper cooperation to the Delegated Presidential Designate with his Technical Cabinet and to the State Secretariat in the Office of General Government Coordination (SCGG) in order to formulate, implement, and monitor the Administrative Simplification Strategy.
The Strategy shall include innovative modalities to ensure that citizens participate in it, such as, for example, a quarterly contest to identify "The most useless procedure" within the Institutions that make up the Executive Branch and proceed immediately with the application of corrective improvements in Administrative Simplification. It shall also include a Competitiveness System among the Institutions with greater progress in Administrative Simplification and a Awards System for the Best, considering reduction in times, steps, processes, requirements, among others.
This Executive Decree enters into force on the day of its publication in the Official Gazette "La Gaceta". Given in the city of San Lorenzo, department of Valle, on the twenty-seventh (27) day of the month of June of the year two thousand eighteen (2018).
Related laws
- Executive Decree PCM-032-2018 establishing the Unified Guide for Livestock Mobilization and Health Control (GUIASA) and the Livestock Sales Ticket — This law creates a tracking system (GUIASA) that requires producers, transporters, and sellers of animals and agricultural products to register and document every movement from origin to destination. It aims to control animal health, prevent diseases, and improve access to international markets. (Decree 032-2018, 2018)
- SEFIN Agreement No. 700 by which the General Pilot Regulation for Complementary Cultural Care for Children and Youth Ages 7-14 and the Enrollment and Promotion Regulation for Beneficiaries of the Comprehensive Pilot Program to Combat Urban Poverty (PPICPU) are approved — This agreement establishes two regulations for an urban poverty reduction program in Honduras. It defines rules for children and youth aged 7-14 to access art and culture courses (music, dance, theater, visual arts, and computer science), as well as food services and psychosocial support. It also regulates enrollment requirements, program continuation, and advancement of program beneficiaries. (Decree 246-2000, 2018)
- Decreto Ejecutivo No. PCM-038-2018 — Creación del Gabinete Técnico para la Estrategia de Simplificación Administrativa (Decree PCM-038-2018, 2018)
- Executive Decree PCM-031-2020 through which the restriction of Constitutional Guarantees is extended — This decree extended the restriction of constitutional rights in Honduras for 7 days (from April 12-21, 2020) to control the COVID-19 pandemic. It temporarily limited freedoms such as movement and assembly nationwide, with greater intensity in Colón. It affected all citizens, especially in areas with high infection rates. (Decree 32-2020, 2020)
- Decreto Ejecutivo No. PCM-045-2019 — Medidas de Simplificación Administrativa (Decree PCM-045-2019, 2019)