Legislative Reform 2025
Congreso Nacional
- Decree: 6-2025
- Published: February 5, 2025
- Issuing body: Congreso Nacional
- Gazette: 36,758
- Category: Constitutional
Summary
This law simplifies procurement processes so the National Electoral Council (CNE) can quickly organize the March 2025 primary elections. It allows domestic and foreign companies to participate without complicated registrations and authorizes withholding 15% of payments as a performance guarantee. It benefits citizens by ensuring elections proceed without delays.
Considerations
Whereas, in accordance with Article 213 of the Constitution of the Republic, the National Electoral Council (CNE) has the legislative initiative in matters within its competence.
Whereas, it is necessary to establish the bases to simplify and rationalize the special procurement procedures in order to guarantee the effective development of the Primary and Internal Elections 2025 to protect the political rights of citizens and the democratic institutionality of the country.
Whereas, on September 7, 2024, Decree No. 84-2024 was approved, which contains the Law for the Transparent Administration and Execution of the Electoral Budget for the Primary Elections 2025, which was published in the Official Gazette "La Gaceta" on October 7, 2024.
Whereas, in the application and execution of said Law, the National Electoral Council (CNE) has identified obstacles and delays in the award and development of special procurement processes, which could affect the process of the Primary and Internal Elections of March 9, 2025, for which reason a reform is necessary to simplify the special procurement processes.
Whereas, in the exercise of the constitutional powers of the National Electoral Council (CNE), it submitted the Draft reform of the Law for the Transparent Administration and Execution of the Electoral Budget for the Primary Elections 2025, in order to establish simplified parameters, respecting the elementary principles of public procurement, that facilitate the special procurement required for primary and internal elections in all their stages.
Whereas, the National Electoral Council (CNE), in accordance with the Electoral Law of Honduras, has the authority to supervise, organize, and direct electoral processes in the country.
Whereas, in accordance with Article 205, Attribution 1) of the Constitution of the Republic, it is within the power of the National Congress: To create, decree, interpret, reform, and repeal laws.
Articles
Reform Article 2, numeral 1) of the LAW FOR THE ADMINISTRATION AND TRANSPARENT EXECUTION OF THE ELECTORAL BUDGET FOR THE 2025 PRIMARY ELECTIONS, contained in Legislative Decree No. 84-2024, of September 7, 2024 and published in the Official Gazette "La Gaceta" on October 7, 2024, Edition No. 36,658, likewise, adding two (2) additional numerals to the same, under the designation of 8) and 9); which shall henceforth read as follows:
SPECIAL PROCEDURE. For those contracts that, in accordance with current provisions, by their nature require to be awarded through the modality of bidding or public call for proposals, the following special procedure is established: 1) Define the terms of reference or specifications in which the requirements and special obligations shall be established that simplify the contracting processes under conditions of speed, rationality and efficiency, carried out in application of this Decree and timeframes in abbreviated form, as determined by the National Electoral Council (CNE) for the superior purpose of guaranteeing the 2025 primary and internal electoral process; 2)….; 3)…; 4)…; 5)…; 6)…; 7)…; 8) In the processes of public call for proposals, bidding or direct purchase carried out by the National Electoral Council (CNE), national and/or foreign bidders shall be exempted from the requirement of registration before the Normative Office of State Contracting and Acquisitions (ONCAE). In the case of foreign bidders, their registration before the Honduran public commerce registry may be waived, it being sufficient their registration in accordance with the legislation of their country of origin; and, 9) The National Electoral Council (CNE) may agree in the Contracts executed with national and/or foreign bidders that the performance guarantee for contract compliance of companies providing goods or services shall be constituted through retentions equivalent to fifteen percent (15%) of each partial payment, until the total amount is completed. The amounts retained in this concept shall be returned to the Contractor in accordance with the conditions established in the Contract".
This Decree shall enter into force as of the day of its publication in the Official Gazette "La Gaceta". Given in the city of Tegucigalpa, municipality of the Central District, in the Sessions Chamber of the National Congress, on the fifth day of the month of February of two thousand twenty-five. LUIS ROLANDO REDONDO GUIFARRO PRESIDENT LUZ ANGÉLICA SMITH MEJÍA SECRETARY JOSUÉ FABRICIO CARBAJAL SANDOVAL SECRETARY To the Executive Branch, Therefore: Execute. Tegucigalpa, M.D.C., February 6, 2025. IRIS XIOMARA CASTRO SARMIENTO PRESIDENT OF THE REPUBLIC THE SECRETARY OF STATE IN THE OFFICE OF THE PRESIDENCY
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