PCM-065-2018
Congreso Nacional
- Decree: PCM-065-2018
- Published: October 10, 2018
- Issuing body: Congreso Nacional
- Gazette: 34,765
- Category: Administrative
Summary
This decree creates a government commission made up of several ministries to approve and implement adjustments to public transportation fares and apply fuel price discounts for transport operators. It benefits public transportation users and operators who meet requirements, using smart cards to ensure transparency in the discounts.
Considerations
Whereas in accordance with Article 245, numerals 2, 11, 19 and 35 of the Constitution of the Republic, it is the responsibility of the Constitutional President of the Republic, among other powers: to direct the general policy of the State and represent it, to issue Agreements, Decrees and issue Regulations and Resolutions in accordance with Law, to manage the Public Treasury and to create, maintain and suppress public services and to take measures that are necessary for their proper functioning.
Whereas in accordance with Article 11 of the General Public Administration Law, the President of the Republic is responsible for the supreme direction and coordination of the Centralized and Decentralized Public Administration. The President of the Republic in the exercise of his functions may act by himself or in Council of Ministers.
Whereas according to Article 13 of the General Public Administration Law, as amended by Legislative Decree No. 266-2013, the President of the Republic may create commissions composed of public officials, notable personalities and representatives of diverse sectors of national life and national or foreign advisors; likewise he may appoint sole authorities for the development of areas, programs or special projects, with the powers determined by the decrees creating them.
Whereas according to Article 22 of the General Public Administration Law, as amended by Legislative Decree No. 266-2013, the Council of State Secretaries has, among other powers, the power to create, maintain and suppress public services and to take the measures that are necessary for their proper functioning.
Whereas in accordance with Article 7 of Executive Decree Number PCM-033-2018, it provides that for purposes of ensuring sound effectiveness in the use of resources and that the same be destined for the purposes established in the objectives of the trust funds, the Secretariat of General Government Coordination shall establish, in accordance with the instructions of the President of the Republic issued through the corresponding Executive Decree, the portfolio of trust fund projects.
Whereas as a consequence of the recent demands of the land transport sector of the Country, the President of the Republic by means of Executive Agreement number 048-2918 dated July 20, 2018, agreed to delegate to a group of State Secretaries, the functions of: Dialogue with the representatives of the transport sector with the purpose of reaching consensus in benefit of the Honduran population, as well as to subscribe, issue and sign acts, agreements and any other documentation that results from the dialogue.
Whereas said presidential delegation reached consensus with the transport sector among other agreements a partial adjustment of fares in some modalities of public passenger transport, discounts at fuel pumps in the price per gallon of fuel, requiring for those purposes the corresponding approvals and in turn the procedures to make those benefits effective.
Articles
The INTERINSTITUTIONAL GOVERNMENTAL COMMISSION is hereby created for the adjustment of tariffs and discounts in the public transportation sector, which shall have the following functions:
- 1)
To verify compliance with the entire procedure for approval of partial tariff adjustments of different modalities of public transportation of persons;
- 2)
To approve and execute the procedure for effective application of discounts on the pump price of fuels; and, 3. To approve and execute any other matter always derived from the agreements and covenants reached between the delegation of State Secretaries and the representatives of the different modalities of public transportation of persons.
The INTERINSTITUTIONAL GOVERNMENTAL COMMISSION is integrated by the titular or a delegated representative as alternate of the following institutions:
- a)
State Secretariat in the Ministry of Energy, who shall coordinate it;
- b)
State Secretariat in the Ministry of Economic Development;
- c)
State Secretariat in the Ministries of Labor and Social Security;
- d)
State Secretariat in the Ministry of Finance;
- e)
Tax Administration Service (SAR);
- f)
The Directive Commission of the Honduran Land Transportation Institute (IHTT), being able to participate all or some of the Land Transportation Commissioners: and,
- g)
Other Public Institutions or Public Officials that the same Interinstitutional Commission considers pertinent to integrate on a temporary or permanent basis. The aforementioned institutions must timely send in writing to the Coordination of the Interinstitutional Commission the accreditation of their Delegated Alternate Representatives, who must be officials of the highest hierarchy so that they can timely exercise their participation with capacity for deliberation and decision.
To guarantee in all cases proper follow-up and effectiveness in decision-making, the Principal Representatives and Alternates may jointly attend the sessions of the Commission.
The INTERINSTITUTIONAL GOVERNMENTAL COMMISSION in its first sessions shall specify in an integral manner all the actions, activities, strategies and other matters that permit in an effective manner the verification of: 1) The approval of the partial tariff adjustments of different modalities of public transportation of persons in accordance with the parameters established in the Law, an extreme matter that ultimately corresponds to the Honduran Land Transportation Institute (IHTT); and, 2) The effective application of discounts on the pump price of fuels, which may be executed by complying, in general, with the following guidelines:
- a)
Precise definition of the beneficiaries of the discount on the pump price of fuels, among those who subscribed to the agreements or covenants and, progressively those who are incorporated to this benefit, an extreme matter that is responsibility principally of the Honduran Land Transportation Institute (IHTT), being indispensable that the beneficiaries be validated by the authority of land transportation in Honduras;
- b)
Consensus and definitive agreement with all petroleum derivative importers in Honduras, so that this discount is granted effectively and they cooperate in this implementation, an extreme matter that is responsibility principally of the State Secretariat in the Ministry of Energy; and,
- c)
Use of Smart Cards issued by Importing Companies or if deemed more effective, Credit Cards issued by bank(s) or, Cards of another kind, any of them to be granted to the beneficiaries of the discount in order to guarantee transparency, propriety and ease of settlement of the discounts granted.
The State Secretariat in the Ministry of General Government Coordination and/or the State Secretariat in the Ministry of Finance is hereby authorized, in order that, under the protection of what is established in Article 7 of Executive Decree Number PCM, specifically from the resources administered by means of the Trust Fund for Allocations and Investments (FINA), transfers be made in a timely manner and form: 1) The financial resources necessary for compliance with the benefit of the discount on the pump price of fuels; and, 2) The financial resources necessary for the acquisition and implementation of Smart Cards, Credit Cards issued by bank(s) or of another kind, by means of which the related discount shall be made effective, in the event that its cost corresponds to the Government of the Republic to assume. These transfers must be executed by means of the public institutions that the INTERINSTITUTIONAL GOVERNMENTAL COMMISSION notifies and, that in accordance with their legal competencies, have direct relationship or administer on the governmental side, the chain of importation and distribution of petroleum derivatives but, counting for these and all other purposes, at all times and circumstances, with the accompaniment and support of the INTERINSTITUTIONAL GOVERNMENTAL COMMISSION, created in the present Decree.
The acquisition and implementation of Smart Cards, Credit Cards issued by bank(s) or of another kind, in the event that its cost corresponds to the Government of the Republic to assume, is hereby authorized, by means of which the related discount on the pump price of fuels would be made effective, using for those purposes the Private Bidding Procedure, relying on the assumption of Numeral 2) of Article 60 of the State Contracting Law. This contracting procedure by means of Private Bidding must be executed by the public institution that the INTERINSTITUTIONAL GOVERNMENTAL COMMISSION notifies and, that in accordance with their legal competencies, have direct relationship or administer on the governmental side, the chain of importation and distribution of petroleum derivatives but, counting for this and all other purposes, at all times and circumstances, with the accompaniment and support of the INTERINSTITUTIONAL GOVERNMENTAL COMMISSION.
The INTERINSTITUTIONAL GOVERNMENTAL COMMISSION is hereby authorized for all legal and administrative purposes corresponding to that, relying on the authorization contained in the Article of the present Decree, if necessary, acquire and implement Credit Cards issued by one or more bank(s) or of another kind, provided that from the implementation of the same greater effectiveness, coverage, and better attention to the beneficiaries of the discount at the pump on the price of fuels and the unavoidable transparency, propriety and legality in this process are guaranteed.
The INTERINSTITUTIONAL GOVERNMENTAL COMMISSION may propose to the President of the Republic, the approval of reforms to laws, Executive Decrees, Executive Agreements and other administrative acts that they consider pertinent for the fulfillment of its duties, and must execute immediately with propriety and without delay, those competencies that are its own and those that through the present Decree have been delegated to it.
The INTERINSTITUTIONAL GOVERNMENTAL COMMISSION may integrate or convoke, on a temporary or permanent basis, other Public Institutions or Public Officials that it considers pertinent.
The present Executive Decree enters into force on the day of its publication in the Official Journal "La Gaceta". Given in Presidential House, in the city of Tegucigalpa, municipality of the Central District, on the twenty-fourth (24) day of the month of September of the year two thousand eighteen (2018). LET IT BE KNOWN AND PUBLISHED. JUAN ORLANDO HERNÁNDEZ ALVARADO PRESIDENT OF THE REPUBLIC MARTHA VICENTA DOBLADO ANDARA STATE SECRETARY IN THE MINISTRY OF GENERAL GOVERNMENT COORDINATION, BY LAW EBAL JAIR DÍAZ LUPIAN STATE SECRETARY IN THE MINISTRY OF THE PRESIDENCY HÉCTOR LEONEL AYALA ALVARENGA STATE SECRETARY IN THE MINISTRIES OF GOVERNANCE, JUSTICE AND DECENTRALIZATION MARÍA DOLORES AGÜERO LARA STATE SECRETARY IN THE MINISTRIES OF FOREIGN AFFAIRS AND INTERNATIONAL COOPERATION REINALDO ANTONIO SÁNCHEZ RIVERA STATE SECRETARY IN THE MINISTRIES OF DEVELOPMENT AND SOCIAL INCLUSION ARNALDO CASTILLO FIGUEROA STATE SECRETARY IN THE MINISTRY OF ECONOMIC DEVELOPMENT ROBERTO ANTONIO PINEDA RODRÍGUEZ STATE SECRETARY IN THE MINISTRIES OF INFRASTRUCTURE AND PUBLIC SERVICES JULIÁN PACHECO TINOCO STATE SECRETARY IN THE MINISTRY OF NATIONAL SECURITY FREDY SANTIAGO DIAZ ZELAYA STATE SECRETARY IN THE MINISTRY OF NATIONAL DEFENSE OCTAVIO RUBEN SÁNCHEZ MIDENCE STATE SECRETARY IN THE MINISTRY OF HEALTH MARCIAL SOLIS PAZ STATE SECRETARY IN THE MINISTRY OF EDUCATION CARLOS ALBERTO MADERO ERAZO STATE SECRETARY IN THE MINISTRIES OF LABOR AND SOCIAL SECURITY MAURICIO GUEVARA PINTO STATE SECRETARY IN THE MINISTRIES OF AGRICULTURE AND LIVESTOCK JOSÉ ANTONIO GALDAMES FUENTES STATE SECRETARY IN THE MINISTRIES OF NATURAL RESOURCES AND ENVIRONMENT ROCÍO IZABEL TÁBORA MORALES STATE SECRETARY IN THE MINISTRY OF FINANCE KARLA EUGENIA CUEVA AGUILAR STATE SECRETARY IN THE MINISTRY OF HUMAN RIGHTS ROBERTO ANTONIO ORDÓÑEZ WOLFOVICH STATE SECRETARY IN THE MINISTRY OF ENERGY ERNIE EMILIO SILVESTRI THOMPSON STATE SECRETARY IN THE MINISTRY OF TOURISM
Related laws
- Decreto Ejecutivo No. PCM-065-2018 — Creación de la Comisión Gubernamental Interinstitucional para el ajuste de tarifas y descuentos en el sector transporte público (Decree PCM-065-2018, 2018)
- Executive Decree PCM-065-2018 by which the Interinstitutional Governmental Commission for the Adjustment of Rates and Discounts in the Public Transportation Sector is created — This decree creates a Governmental Commission to coordinate adjustments in public transport fares and apply fuel discounts. The Commission, led by the Energy Department, verifies compliance with procedures, approves fuel pump discounts, and executes agreements between the government and transport operators, using smart cards to ensure transparency. (Decree 103-2018, 2018)
- Decreto Ejecutivo No. PCM-033-2021 — Proyecto de Reactivación del Funcionamiento del Servicio de Transporte Terrestre Público de Pasajeros (Decree PCM-033-2021, 2021)
- Decreto Ejecutivo No. PCM-054-2021 — Reforma del Decreto Ejecutivo PCM-046-2021 sobre reactivación del transporte público (Decree PCM-054-2021, 2021)
- Decreto Ejecutivo No. PCM-046-2021 — Proyecto de Reactivación del Funcionamiento del Servicio de Transporte Terrestre Público de Pasajeros (Decree PCM-046-2021, 2021)