PCM-136-2020
Congreso Nacional
- Decree: PCM-136-2020
- Published: December 22, 2020
- Issuing body: Congreso Nacional
- Gazette: 35,467
- Category: Financial & Tax
Summary
This decree creates the "Emergency Bonus for Disaster Victims" to deliver 5,000 lempiras to up to 60,000 households affected by tropical storms ETA and IOTA. The program aims to help with basic needs and recovery of damaged property, will be executed by the Secretary of Social Development with a budget of 300 million lempiras, and will have transparency supervision.
Considerations
Whereas the Constitution of the Republic in its Article 59 establishes that the human person is the supreme end of Society and the State, and all have the obligation to respect and protect it.
Whereas in accordance with Article 245, numerals 2, 11, 19, 20, and 45 of the Constitution of the Republic, it corresponds to the President of the Republic, among other attributions: To direct the general policy of the State and represent it; to issue Agreements, Decrees and to enact Regulations and Resolutions in accordance with the Law; to administer the Public Treasury; to enact extraordinary measures in economic and financial matters when the national interest so requires, and must report to the National Congress; and other powers conferred upon him by the Constitution and the Laws.
Whereas in accordance with Article 11 of the General Law of Public Administration, the President of the Republic is in charge of the supreme direction and coordination of the Centralized and Decentralized Public Administration, and in the exercise of his functions may act by himself or in Council of Ministers.
Whereas the General Law of Public Administration establishes: "Article 28. State Secretariats are organs of the general administration of the country, and depend directly on the President of the Republic" and "Article 29. For the General Administration of the country that the Constitution of the Republic confers upon the Executive Branch, the State Secretariats shall have the following competencies... numeral 4) Development and Social Inclusion: That which concerns the formulation, coordination, execution and evaluation of public policies in matters of development and social inclusion, poverty reduction; as well as the planning, administration and execution of programs and projects that derive from those policies and those directed to vulnerable groups and those oriented toward children, youth, indigenous peoples and Afro-Hondurans, persons with disabilities and persons with special needs, and elderly adults". Likewise, it is responsible for ensuring the adequate execution and transparency of social programs under its jurisdiction, for the positioning of public policies and the formation of the Social Protection Network and is the State institution that governs social policies, articulator of programs and projects aimed at poverty reduction, inclusion and comprehensive human development of the most vulnerable sectors of the population, in conditions of risk and social exclusion, creating conditions for a better life.
Whereas by Decree No. 266-2013 of January 23, 2014 published in the Official Gazette number 33,336, which enacts the Law to Optimize Public Administration, Improve Services to Citizens and Strengthen Transparency in Government, determines in its Article 29 numeral 4 the new competencies of the State Secretariat in charge of Development and Social Inclusion, among which are found "the planning, administration and execution of Programs and Projects that derive from Public Policies in matters of development and social inclusion and directs them to vulnerable groups and those oriented toward children, youth, indigenous peoples and Afro-Hondurans, persons with disabilities, persons with special needs and elderly adults".
Whereas the Legislative Decree No. 278-2013, published in the Official Gazette "La Gaceta" dated December 30, 2013, Edition No. 33,316, containing the Law for the Organization of Public Finances, Control of Tax Exemptions and Anti-Evasion Measures in its Article 45 establishes the Solidarity Fund and Social Protection for the Reduction of Extreme Poverty, which is administered through a trust fund destined exclusively to guarantee the continuity and expansion of social programs and projects promoted by the Presidency of the Republic or the State Secretariat designated by the Council of State Secretaries.
Whereas by Legislative Decree Number 38-2011 dated June 13, 2013, published in the Official Gazette "La Gaceta", Edition No. 33,149, the Framework Law on Public Policies in Social Matters was enacted, which establishes in its article 1 "That this Law has the purpose of creating the legal framework for public policies in social matters, as well as institutional competencies to regulate, govern and coordinate actions aimed at transforming human, sociocultural and material conditions, with emphasis on the population in poverty conditions and vulnerable groups, in accordance with the principles of this law" and general guidelines to which the authorities of State institutions must be subject.
Whereas Executive Decree Number PCM-065-2015, published in the Official Gazette "La Gaceta" on September 14, 2015 Edition No. 33,834, incorporates into the Better Life Platform social protection programs financed through resources from the Solidarity Fund and Social Protection for the Reduction of Extreme Poverty.
Whereas the President of the Republic in Council of State Secretaries approved Executive Decree Number PCM-109-2020, published in the Official Gazette "La Gaceta" dated November 2, 2020, reformed by Executive Decrees Numbers: PCM-112-2020, PCM-115-2020 and PCM-116-2020, a state of national emergency was declared due to the effects of heavy rains caused by Tropical Storms "ETA" and "IOTA" and other climatic phenomena that cause damage to the country's productive infrastructure at the national level.
Whereas the REGULATION OF THE LAW FOR THE ORGANIZATION OF PUBLIC FINANCES, CONTROL OF TAX EXEMPTIONS AND ANTI-EVASION MEASURES, in reference to TITLE I; OF THE OBJECT, SCOPE OF APPLICATION AND DEFINITIONS, NUMERAL 5: Declaration of Fiscal Sacrifice, is the declaration made by natural and legal persons regarding the fiscal benefits that the State has granted through Decrees, General Laws and Special Laws and that imply the partial or total release from the payment of any type of taxes, levies or charges, contributions, fees or surtaxes.
Articles
The "EMERGENCY BONUS FOR DISASTER VICTIMS" is hereby created, integrated into the humanitarian aid package of the "OPERATION THEY ARE NOT ALONE", which is incorporated into the Better Life Platform, with the purpose of becoming a mechanism of support for meeting the basic needs of households that were harmed by Tropical Storms "ETA" and "IOTA", contributing, among other things, to the recovery of material goods that were damaged, as well as encouraging local economic activity in territories that were affected. The "EMERGENCY BONUS FOR DISASTER VICTIMS" has as its goal to serve up to sixty thousand (60,000) households affected by natural phenomena "ETA" and "IOTA", with a monetary transfer of Five Thousand Lempiras Exact (L 5,000.00).
The "EMERGENCY BONUS FOR DISASTER VICTIMS" shall be executed through the State Secretariat in the Offices of Development and Social Inclusion (SEDIS), which for its operational implementation shall establish the corresponding procedures manual, specifying the responsibilities of each one of the instances that participate, with the State Secretariat in the Office of Transparency accompanying the entire process of materializing the delivery of the aforementioned Bonus, as monitors so that all information is known to the population, through the respective transparency portals.
The State Secretariat in the Office of Finance (SEFIN) is instructed to, within the framework of the emergency caused by Tropical Storms "ETA" and "IOTA", make the budgetary allocation in the amount of up to THREE HUNDRED MILLION LEMPIRAS (L300,000,000.00) to the State Secretariat in the Offices of Development and Social Inclusion (SEDIS), which shall be destined for the "EMERGENCY BONUS FOR DISASTER VICTIMS". The required financing may come from resources authorized and managed through Legislative Decree 33-2020 and current legal regulations. The State Secretariat in the Office of Finance is likewise authorized to carry out the necessary budgetary operations resulting from the application of this Decree. Likewise, the "EMERGENCY BONUS FOR DISASTER VICTIMS" may be financed with resources from the "Fiduciary Fund for Solidarity and Social Protection for the Reduction of Extreme Poverty". In the event that resources come from the "Fiduciary Fund for Solidarity and Social Protection for the Reduction of Extreme Poverty", the State Secretariat of General Government Coordination is authorized to include the "EMERGENCY BONUS FOR DISASTER VICTIMS" in the project portfolio. The Administrative Technical Committee of said Fiduciary Trust shall create an internal control system over monetary transfers and their corresponding settlement and transparency processes, in application of the Special Law for the Promotion of Non-Governmental Development Organizations.
The State Secretariat in the Offices of Development and Social Inclusion (SEDIS) must:
- a)
Form a Strategic Steering Committee with the participation of the National Information Center of the Social Sector (CENISS), the Honduran Production and Housing Bank (BANHPROVI), the State Secretariat of Labor and Social Security (STSS), and the State Secretariat in the Offices of Development and Social Inclusion (SEDIS) which presides over it;
- b)
Identify individually the households that will be assisted with the "EMERGENCY BONUS FOR DISASTER VICTIMS";
- c)
Organize, accompany, and supervise the payment operations of the "EMERGENCY BONUS FOR DISASTER VICTIMS", prioritizing households composed of persons residing in flood-prone areas that were affected by natural phenomena and that constitute monetarily poor and multidimensionally vulnerable households, as well as those that lost their homes;
- d)
Transfer to the paying entities, according to the payment roster, the financial resources for the delivery of the "EMERGENCY BONUS FOR DISASTER VICTIMS";
- e)
Effect the corresponding settlements of each one of the deliveries of "EMERGENCY BONUS FOR DISASTER VICTIMS", accompanied by all supporting documentation; and,
- f)
Organize and manage external oversight to ensure transparency in all stages of the process.
The State Secretariat in the Offices of Development and Social Inclusion (SEDIS) shall determine the processes for the identification, selection, and delivery of the benefit of the "EMERGENCY BONUS FOR DISASTER VICTIMS" to affected households using the necessary institutional coordination instances, as well as the mechanisms that ensure transparency in the use of resources and allow verification of the achievement of expected results.
For geographical selection, areas subject to this benefit shall be considered those categorized as affected according to the ranking of risk and incidence of affectation by Tropical Storms "ETA" and "IOTA".
Households residing in the selected geographical areas shall be considered; which are formalized through the lists issued as a result of the application of the Forms (F-SEDIS-1) and Housing Form that form an integral part of this Decree. As a result of the VETA System database, households registered in the National Information Center of the Social Sector (CENISS), and households registered in the Management Information System (SIG) of the State Secretariat in the Offices of Development and Social Inclusion (SEDIS), with them, the lists of selected households shall be issued by municipality and community according to the targeting model.
For the validation of Forms F-SEDIS-1, Housing Form, and the information collected in the field, the Municipal Emergency Committees (CODEM), the State Secretariat in the Offices of Risk Management and National Contingencies (COPECO), and the Local Authority shall sign and seal the administered form and shall send it physically to the facilities of the State Secretariat in the Offices of Development and Social Inclusion (SEDIS), entity that shall carry out a subsequent control through the Subsecretariat of Better Life.
The monetary transfer shall be delivered to participating households through direct deliveries to the head of such household in cash or using other payment mechanisms with financial technology in effect in the market and in application of what is established for this purpose in article 1, Legislative Decree No. 50-2020. Said transfers must be made by paying entities from the banking and non-banking network, public or private, supervised by the National Commission of Banks and Insurance (CNBS) of national coverage, and which are previously selected in a competitive manner, in accordance with the Law.
With the purpose of optimizing resources and avoiding duplication of functions, the State Secretariat in the Offices of Development and Social Inclusion (SEDIS) is authorized to disable from the "EMERGENCY BONUS FOR DISASTER VICTIMS" those households whose heads of household have enabled benefits in the Conditional Monetary Transfer Program "Better Life Bonus", and likewise exercise regulation over equitable and fair economic benefit for the Honduran population.
Complaints, reports, and inquiries related to the operation of this benefit shall be channeled through regional, departmental, or municipal instances and the Queries and Participant Assistance Unit (UCAP) of the Conditional Monetary Transfer Program "Better Life Bonus" (SEDIS), Citizen Assistance Mechanism of the National Information Center of Social Information (CENISS) through line 105; and may also be received by telephone from 130 of the State Secretariat of Transparency.
The beneficiary shall provide all cooperation and information requested in order to promote and guarantee good development of audits and social oversight.
It shall be the responsibility of the Strategic Steering Committee to maintain transparency and accountability with strict adherence to operational guidelines and all applicable current legislation; as well as the publication of the Program results.
This Decree contemplates extraordinary measures in economic and financial matters originating from the emergency declared at the national level, for which an account of the same must be given to the National Congress, the above in strict compliance with the provisions of Article 245 numeral 20 of the Constitution of the Republic and Article 22 numeral 5 of the General Law of Public Administration, reformed by Legislative Decree No. 266-2013.
This Executive Decree enters 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 twenty-first (21) day of the month of December of the year two thousand twenty (2020). COMMUNICATE AND PUBLISH. JUAN ORLANDO HERNÁNDEZ ALVARADO PRESIDENT OF THE REPUBLIC CARLOS ALBERTO MADERO ERAZO STATE SECRETARY IN THE OFFICE OF GENERAL GOVERNMENT COORDINATION EBAL JAIR DÍAZ LUPIAN STATE SECRETARY IN THE OFFICE OF THE PRESIDENCY HECTOR LEONEL AYALA ALVARENGA STATE SECRETARY IN THE OFFICES OF GOVERNANCE, JUSTICE AND DECENTRALIZATION LISANDRO ROSALES BANEGAS STATE SECRETARY IN THE OFFICES OF FOREIGN AFFAIRS AND INTERNATIONAL COOPERATION ZOILA PATRICIA CRUZ CERRATO STATE SECRETARY IN THE OFFICES OF DEVELOPMENT AND SOCIAL INCLUSION MARÍA ANTONIA RIVERA STATE SECRETARY IN THE OFFICE OF ECONOMIC DEVELOPMENT ROBERTO ANTONIO PINEDA RODRÍGUEZ STATE SECRETARY IN THE OFFICES OF INFRASTRUCTURE AND PUBLIC SERVICES JULIAN PACHECO TINOCO STATE SECRETARY IN THE OFFICE OF NATIONAL SECURITY FREDY SANTIAGO DIAZ ZELAYA STATE SECRETARY IN THE OFFICE OF NATIONAL DEFENSE ALBA CONSUELO FLORES STATE SECRETARY IN THE OFFICE OF HEALTH ARNALDO BUESO HERNÁNDEZ STATE SECRETARY IN THE OFFICE OF EDUCATION OLVIN ANIBAL VILLALOBOS VELÁSQUEZ STATE SECRETARY IN THE OFFICES OF LABOR AND SOCIAL SECURITY MAURICIO GUEVARA PINTO STATE SECRETARY IN THE OFFICES OF AGRICULTURE AND LIVESTOCK ELVIS YOVANNI RODAS FLORES STATE SECRETARY IN THE OFFICES OF NATURAL RESOURCES AND ENVIRONMENT MARCO ANTONIO MIDENCE MILLA 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 NICOLE MARRDER AGUILAR STATE SECRETARY IN THE OFFICE OF TOURISM NELSÓN JAVIER MARQUEZ EUCEDA STATE SECRETARY IN THE OFFICES OF COMMUNITY DEVELOPMENT, WATER AND SANITATION (SEDECOAS) MAX ALEJANDRO GONZALES SABILLON STATE SECRETARY IN THE OFFICES OF RISK MANAGEMENT AND NATIONAL CONTINGENCIES MARIA ANDREA MATAMOROS STATE SECRETARY IN THE OFFICE OF TRANSPARENCY
Related laws
- Decreto Ejecutivo No. PCM-136-2020 — Bono por Emergencia a Damnificados - Operación No Están Solos (Decree PCM-136-2020, 2021)
- Decreto Ejecutivo No. PCM-136-2020 — Decreto Ejecutivo Número PCM-136-2020 (Decree PCM-136-2020, 2020)
- Decreto Ejecutivo No. PCM-136-2020 — Créase el Bono por Emergencia a Damnificados integrado al paquete de ayuda humanitaria de la Operación No Están Solos (Decree PCM-136-2020, 2020)
- Decreto Ejecutivo No. PCM-136-2020 — Bono por Emergencia a Damnificados (Decree PCM-136-2020, 2020)
- Decreto Ejecutivo No. PCM-136-2020 — Reforma del Decreto Ejecutivo PCM-136-2020 - Bono por Emergencia a Damnificados (Decree PCM-136-2020, 2021)