I can only see a reference number (PCM-044-2020) without an actual law title to translate. Please provide the complete Spanish title of the Honduran law that needs to be translated.
Poder Ejecutivo
- Decree: PCM-044-2020
- Published: May 19, 2020
- Issuing body: Poder Ejecutivo
- Gazette: 35,257
- Category: Administrative
Summary
This decree creates the Office of Presidential Priorities and Public Innovation to drive digital transformation of the Honduran government. It establishes two directorates: one for monitoring public policies and another for technological innovation, including electronic government. It benefits citizens by allowing them to access public services without visiting offices in person, responding to the COVID-19 crisis.
Considerations
Whereas in accordance with Article 245, numerals 2 and 11 of the Constitution of the Republic, it falls to the President of the Republic, among other powers, to direct the general policy of the State and represent it, issue Agreements, Decrees and enact Regulations and Resolutions in accordance with the Law.
Whereas in accordance with Article 4 of the General Law of Public Administration, as amended by Legislative Decree No. 266-2013, the creation, modification or suspension of the Secretariats of State or the Decentralized Organisms or Entities may only be done by the President of the Republic in Council of Secretaries of State.
Whereas according to the provisions of Article 11 of the General Law of Public Administration, the President of the Republic has under his charge the supreme direction and coordination of the Public Administration, Centralized and Decentralized, who in the exercise of his functions may act by himself or in Cabinet of Ministers.
Whereas in accordance with Article 14, numerals 1) and 4) of the General Law of Public Administration, as amended by Legislative Decree No. 266-2013, the President of the Republic, by Executive Decree in Council of Secretaries of State, may issue, within the Centralized Administration, the norms required to: Determine the competencies of the Offices by the Secretariats of State and create internal units that may be necessary for proper administration, reorganize those units that public administration efficiency may require.
Whereas the current crisis caused by the COVID-19 virus compels the taking of measures that promote the automation of processes and digital transformation of the State of Honduras, in order to create mechanisms that allow citizens to access Government services without having to personally visit public offices, thereby avoiding unnecessary gatherings and exposures.
Whereas for this purpose it is necessary to create an institutional framework capable of promoting the process and generating a proposal for an Electronic Government Regulation in accordance with the mandate established in Article 1, second paragraph of the Administrative Procedure Law, as amended by Legislative Decree No. 266-2013, which establishes that the same shall not be applicable to electronic government or to procedures that are processed electronically, which are governed by Executive Decree issued by the President of the Republic in Council of Secretaries of State.
Amendments
- Modified by: Official Gazette La Gaceta No. 35,336 (Amendment) — articles Artículo 1 párrafo primero, Artículo 1 literal c), Artículo 1 literal d), Artículo 1 literal e)
- Modified by: Decreto Ejecutivo No. PCM-076-2020 — Reforma del Decreto Ejecutivo PCM-044-2020 sobre atribuciones de la Dirección Presidencial de Innovación Pública (Amendment) — articles Artículo 1 párrafo primero, Artículo 1 literal c), Artículo 1 literal d), Artículo 1 literal e)
Articles
The Office of Presidential Priorities and Public Innovation is hereby created, reporting to the Presidency of the Republic. Its head, with the rank of Secretary of State, must report directly to the President of the Republic on the fulfillment of his management and functions. For the fulfillment of his functions, it shall have the following structure: 1. Presidential Directorate of Monitoring and Public Policy; and, 2. Presidential Directorate of Public Innovation; The Presidential Directorate of Monitoring and Public Policy has the following powers:
- a)
To monitor the strategies, goals, objectives, and action plans of that state body;
- b)
To provide recommendations for the development and fulfillment of the referred strategies and goals of the Presidency of the Republic;
- c)
To hold meetings with the various bodies and entities of the Public Administration;
- d)
To support the Office of Communication and Strategy in policies and activities related to communications;
- e)
The application, compliance, monitoring and evaluation of actions aimed at positioning Honduras among countries with a plan and agenda for digital, technological development and innovation policies that facilitate public administration and the relationship between citizens and the State;
- f)
To prepare and submit reports on its management to the Office to which it reports; and, g) Such other functions as may be assigned to it by the Office of Presidential Priorities and Public Innovation that the Presidency of the Republic may entrust to it. The Presidential Directorate of Public Innovation has the following powers:
- a)
To support the Technical Cabinet for Administrative Simplification in the functions that have been entrusted to it by Law in close coordination whenever such functions are of a technological nature that promotes the simplification and modernization of the State.
- b)
To prepare the regulations necessary to implement electronic government, including the electronic government regulation established in Article 1, second paragraph of the Administrative Procedure Law as reformed by Legislative Decree No. 266-2013;
- c)
To define the standards that the Information Technology Departments of the various state institutions must comply with in matters of technology use, protection of citizen data, cybersecurity and others, establishing incentives and sanctions to achieve compliance;
- d)
To prepare, coordinate and ensure compliance with the policies emanating from this Directorate with the Technology Departments of the various state institutions that lead to the prioritization of creating alternative electronic channels that allow citizens to access the services provided by the Government of the Republic; and,
- e)
Such other functions as may be assigned to it by the Office of Presidential Priorities and Public Innovation that the Presidency of the Republic may entrust to it. Both Presidential Directorates shall be governed by Ministerial Agreement where they shall establish their functions, their respective regulations, manuals and other instruments that may be required.
- a)
Jointly with the Technical Cabinet for Administrative Simplification, a Council for Reform and Modernization of Public Administration shall be formed as follows:
- 1)
The Secretary of State in the Office of General Government Coordination, who presides;
- 2)
The Secretary of State in the Office of Economic Development 3. The Secretary of State in the Office of the Presidency; 4. The Secretary of State in the Office of Finance; 5. The Secretary of State in the Offices of Labor and Social Security; 6. The Secretary of State in the Office of Presidential Priorities and Public Innovation; and, 7. A Representative of the National System of Science, Technology and Innovation. When the nature of the matters so requires, the Council may invite other Secretaries of State, heads of deconcentrated and decentralized entities, as well as representatives of the Private Sector, Civil Society and other professionals expert in the matter. The Secretary of State in the Office of Presidential Priorities and Public Innovation shall serve as Technical Secretary of the Council and shall ensure the coordination and articulation of the entities related to the fulfillment of the objective for which this Body has been created.
The objective of the Council for Reform and Modernization of Public Administration is to assist the Technical Cabinet for Administrative Simplification in ensuring that policies and strategic guidelines aimed at the Reform, Modernization and Innovation of Public Administration are implemented. That which is not provided for in Articles 2 and 3 of this Executive Decree regarding the functioning of the Council shall be regulated through the Regulation to be issued for this purpose.
The Presidency of the Republic must reprogram the Budget approved in Fiscal Year 2020, as well as the subsequent fiscal years, resources that will be allocated for the functioning of the Office of Presidential Priorities and Public Innovation. In the event that additional funds are required, the budget with the activity plan containing measurable objectives and impact on the modernization and reform of the State must be submitted to the Secretary of State in the Office of Finance, and which in turn lead to compliance with what is established in this decree. The foregoing in the framework of Budget Discipline and the application of Executive Decree number PCM-020-2020. Likewise, the human resources, furniture, equipment, materials and technological platforms that have been used for the functioning of the Office of Compliance with Presidential Matters shall become part of the Office of Presidential Priorities and Public Innovation.
This Executive Decree shall enter into force as of the day of its publication in the Official Gazette "La Gaceta". Given at Presidential House, in the City of Tegucigalpa, Municipality of the Central District, on the sixteenth (16) day of the month of May in the year two thousand twenty (2020). BE COMMUNICATED AND PUBLISHED.
Related laws
- Decreto Ejecutivo No. PCM-044-2020 — Decreto Ejecutivo relativo a medidas de administración pública en contexto de crisis COVID-19 (Decree PCM-044-2020, 2020)
- Decreto Ejecutivo No. PCM-076-2020 — Reforma del Decreto Ejecutivo PCM-044-2020 sobre atribuciones de la Dirección Presidencial de Innovación Pública — This decree reforms the government structure to create the Office of Public Management and Innovation, which reports directly to the Presidency. This office sets policies on technology, cybersecurity, and digital services across all public institutions, following transparency and information access laws, benefiting citizens by improving channels to access government services. (Decree PCM-076-2020, 2020)
- Legislative Decree No. 140-2020 by which Executive Decree Number PCM-044-2020 is reformed regarding the Office of Compliance with Presidential Matters and Priorities — This decree reorganizes the Presidential Office of Compliance with Presidential Affairs and Priorities, which reports to the Presidency. It restructures its functions into two presidential directorates: one to manage the presidential agenda and priority compliance, and another to manage presidential affairs and events, allocating budget resources for its operation. (Decree 140-2020, 2020)
- PCM No. PCM-043-2020 — Autorización para que trabajadores y empresas laboren con sus respectivos mecanismos de bioseguridad (Decree PCM-043-2020, 2021)
- Decreto Ejecutivo No. PCM-120-2020 — Declarar situación de calamidad pública nacional por efectos de las Tormentas Eta e Iota (Decree PCM-120-2020, 2020)