Executive Decree PCM-083-2021 authorizing Strategic Investment of Honduras (INVEST-H) for the maintenance and conservation of road assets of the Non-Official Road Network of the Republic of Honduras
Congreso Nacional
- Decree: PCM-083-2021
- Published: August 23, 2021
- Issuing body: Congreso Nacional
- Gazette: 35,696
- Category: Administrative
Summary
This decree authorizes Strategic Investment of Honduras (INVEST-H) to assume maintenance and conservation of unofficial roads in the country, prioritizing those with greater economic impact. INVEST-H can sign agreements with public and private institutions, and resources will come from the Road Infrastructure Trust Fund under principles of transparency and accountability.
Considerations
Whereas the Constitution of the Republic in its Article 5 establishes that: "The Government of the Republic must be based on the principles of popular sovereignty, self-determination of peoples and participatory democracy, from which derive national integration, which implies participation of all political sectors in Public Administration, political stability and social peace".
Whereas the Constitution of the Republic in its Article 245, numerals 2, 11, 19 and 45 establishes that: The President of the Republic has charge of the General Administration of the State, and among his other Attributes are: To direct the general policy of the State and represent it; to issue Agreements and Decrees and to issue Regulations and Resolutions in accordance with the Law; to administer Public Treasury; and, the other powers conferred upon him by the Constitution and the Laws.
Whereas the General Law of Public Administration in its Article 11 indicates that the President of the Republic has charge of the supreme direction and coordination of Centralized and Decentralized Public Administration, and the President of the Republic in the exercise of his functions may act by himself or in Council of Ministers.
Whereas through Executive Decree Number PCM-034-2018, published in the Official Gazette "La Gaceta" on May 30, 2018, Edition No. 34,653, Strategic Investment of Honduras (INVEST-H) is assigned the maintenance and preservation of Road Patrimony constituted by the Official Highway Network of the Republic of Honduras, in order to provide the periodic and routine maintenance that corresponds, based on the prioritization that is previously established in accordance with the real needs of the network, annual investment plans and the annual budget assigned.
Whereas Article 5 of the aforementioned Executive Decree authorizes INVEST-H to sign Cooperation Agreements with other Government Institutions; as well as with Non-Governmental Organizations, in order to achieve the purposes that have been entrusted to it.
Whereas through Executive Decree Number PCM-056-2018, published in the Official Gazette "La Gaceta" on August 31, 2018, Edition No. 34,733 and which in turn was approved in all and each of its parts by the National Congress of the Republic through Legislative Decree No. 97-2018, published in the Official Gazette "La Gaceta" on October 11, 2018 Edition No. 34,766 and its reform has instructed INVEST-Honduras/MCA-Honduras to increase the trust patrimony in the trust for the administration of the Agricultural Credit Access fund of MCA-Honduras, to be denominated from that date forward as "Road Infrastructure Trust", so that, with said increase in trust patrimony, road infrastructure works are undertaken such as construction, rehabilitation, improvement, routine maintenance and periodic maintenance of the Country's road network, as well as to execute other projects strictly related to infrastructure that is of national interest and complementary to the infrastructure works for which this Trust was created.
Whereas in accordance with Legislative Decree No. 181-2018, published in the Official Gazette "La Gaceta" on December 31, 2018 Edition No. 34,833, the Road Infrastructure Trust is authorized to execute projects of other types of infrastructure that are of national interest and complementary to road infrastructure works, for which purposes the President of the Republic shall instruct what is pertinent to Strategic Investment of Honduras (INVEST-Honduras) through the respective Agreement.
Whereas Strategic Investment of Honduras (INVEST-H), also known as the Millennium Challenge Account (MCA-Honduras), is a State entity of Honduras created for the execution of projects of an urgent or highly public interest character, with broad capacity and coverage at the national level in the execution of infrastructure projects.
Articles
Strategic Investment of Honduras (INVEST-H) is authorized and instructed to incorporate within its allocations the maintenance and conservation of the road patrimony of the Unofficial Road Network of the Republic of Honduras; the attention of the Unofficial Network shall be based on the prioritization of sections established previously, taking into consideration the economic impact in the productive zones of the Country.
Strategic Investment of Honduras (INVEST-H) is authorized to execute Cooperation Agreements, Letters of Understanding, Accords, or any other legal instrument of cooperation with other Government Institutions; as well as with Non-Governmental Organizations in order to achieve the purposes of attending to the road patrimony of the Unofficial Road Network of the Republic of Honduras.
The resources to attend to the road patrimony of the Unofficial Network shall be paid exclusively with cash flows identified and allocated by the Road Infrastructure Trust Fund in the manner contemplated in Executive Decree Number PCM-056-2018, under the terms of the Road Infrastructure Trust Fund Contract and other contractual documents and Agreements applicable to said Trust Fund, where the principles of transparency in its formulation, execution, accountability, social oversight, citizen participation, maximum disclosure and publicity shall prevail.
This Executive Decree enters into force as of the day of its publication in the Official Gazette "La Gaceta". Given at the Presidential House, in the city of Tegucigalpa, municipality of the Central District, on the ninth (09) day of the month of August of the year two thousand twenty-one (2021). COMMUNICATE AND PUBLISH. JUAN ORLANDO HERNÁNDEZ ALVARADO PRESIDENT OF THE REPUBLIC CARLOS ALBERTO MADERO ERAZO SECRETARY OF STATE IN THE OFFICE OF GENERAL COORDINATION OF GOVERNMENT ABRAHAM ALVARENGA URBINA SECRETARY OF STATE IN THE OFFICE OF THE PRESIDENCY HECTOR LEONEL AYALA ALVARENGA SECRETARY OF STATE IN THE OFFICES OF GOVERNANCE, JUSTICE AND DECENTRALIZATION LISANDRO ROSALES BANEGAS SECRETARY OF STATE IN THE OFFICES OF FOREIGN RELATIONS AND INTERNATIONAL COOPERATION ZOILA PATRICIA CRUZ CERRATO SECRETARY OF STATE IN THE OFFICES OF DEVELOPMENT AND SOCIAL INCLUSION MARÍA ANTONIA RIVERA SECRETARY OF STATE IN THE OFFICE OF ECONOMIC DEVELOPMENT ROBERTO ANTONIO PINEDA RODRÍGUEZ SECRETARY OF STATE IN THE OFFICES OF INFRASTRUCTURE AND PUBLIC SERVICES JULIAN PACHECO TINOCO SECRETARY OF STATE IN THE OFFICE OF NATIONAL SECURITY FREDY SANTIAGO DIAZ ZELAYA SECRETARY OF STATE IN THE OFFICE OF NATIONAL DEFENSE ALBA CONSUELO FLORES SECRETARY OF STATE IN THE OFFICE OF HEALTH ARNALDO BUESO HERNÁNDEZ SECRETARY OF STATE IN THE OFFICE OF EDUCATION OLVIN ANIBAL VILLALOBOS VELÁSQUEZ SECRETARY OF STATE IN THE OFFICES OF LABOR AND SOCIAL SECURITY MAURICIO GUEVARA PINTO SECRETARY OF STATE IN THE OFFICES OF AGRICULTURE AND LIVESTOCK LILIAM LIZETH RIVERA HIPP SECRETARY OF STATE IN THE OFFICES OF NATURAL RESOURCES AND ENVIRONMENT LUIS FERNANDO MATA ECHEVERRI SECRETARY OF STATE IN THE OFFICE OF FINANCE IRIS ROSALÍA CRUZ PINEDA SECRETARY OF STATE IN THE OFFICE OF HUMAN RIGHTS ROBERTO ANTONIO ORDOÑEZ WOLFOVICH SECRETARY OF STATE IN THE OFFICE OF ENERGY NICOLE MARRDER AGUILAR SECRETARY OF STATE IN THE OFFICE OF TOURISM RUBEN DARÍO ESPINOZA OLIVERA SECRETARY OF STATE IN THE OFFICES OF COMMUNITY DEVELOPMENT, WATER AND SANITATION MAX ALEJANDRO GONZALES SABILLON SECRETARY OF STATE IN THE OFFICES OF RISK MANAGEMENT AND NATIONAL CONTINGENCIES MARIA ANDREA MATAMOROS SECRETARY OF STATE IN THE OFFICE OF TRANSPARENCY
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