Reform of Article 4 of the Law of Economic Acceleration and Social Protection Against COVID-19
Congreso Nacional
- Decree: 74-2020
- Published: March 13, 2020
- Issuing body: Congreso Nacional
- Gazette: 35,199
- Category: Health
Summary
This decree authorizes the Ministry of Health to use public funds from 2020 to conduct studies and urgently begin construction of the Oncological Institute as part of the public health service network. To achieve this, the Ministry can contract the Foundation for the Development of Comayagua through a service agreement, using special procurement procedures established in the COVID-19 emergency law.
Considerations
That Article 145 of the Constitution of the Republic recognizes the right to the protection of health. It is the duty of all to participate in the promotion and preservation of personal and community health.
That, in order to strengthen surveillance, prevention, and control actions and guarantee care for persons in the event of probable Coronavirus infection (COVID-19), as well as guarantee the human right to health by providing medical assistance to all persons, especially those in vulnerable conditions, Decree No. 31-2020 was approved, containing the Special Law for Economic Acceleration and Social Protection in the Face of the Effects of Coronavirus COVID-19, which was published in the Official Gazette La Gaceta, in its Edition No. 35,199, dated March 13, 2020.
That Article 4 of aforementioned Decree No. 31-2020 authorizes the State Department in the Office of Health to undertake the immediate construction of the Oncology Institute as part of the Comprehensive Public Health Services Network.
That the construction of the Oncology Institute is truly urgent and necessary given that it is a very important element of the Comprehensive Public Health Services Network; therefore, in order to comply with the mandate established in said Article, it is necessary to immediately undertake the strategic actions necessary to guarantee such construction and its operation as soon as possible.
That the Foundation for the Development of Comayagua FDC, with Legal Personality No. 139-957 approved on October 2, 2012, by the Ministry of Governance and Justice and with RTN 0801902026203, is a Non-Governmental Organization, without profit motive, established in the city of Comayagua in the same Department, designed for the execution of works at the national level and which has the purpose of promoting the social, cultural, civic, and educational development of communities at the national level.
That the Foundation for the Development of Comayagua FDC possesses specialist personnel in Project Management, qualified technicians in the Social and Administrative areas for the execution of Programs for Social Development and Infrastructure to be executed anywhere in Honduras; and possesses the resources and logistics for works of social projection and with the support of international consultants for the preparation of plans in different sectors for comprehensive development through methodologies and strategies.
That in accordance with that established in Article 205 Duty 1) of the Constitution of the Republic, it is within the power of the National Congress: To create, decree, interpret, reform, and repeal laws.
Amendments
- Modifies: Special Law on Economic Acceleration and Social Protection in Response to the Effects of COVID-19 (Amendment) — articles 4
Articles
Reform Article 4 of Decree No. 31-2020, containing the SPECIAL LAW ON ECONOMIC ACCELERATION AND SOCIAL PROTECTION AGAINST THE EFFECTS OF CORONAVIRUS COVID-19, published in the Official Gazette "La Gaceta" dated March 13, 2020, Edition No. 35,199, which from now on shall be read as follows:
SPECIAL AUTHORIZATION FOR CONTRACTING PUBLIC WORKS, GOODS AND SERVICES… The Secretary of… The Secretary of State in the Office of Health is authorized, as a matter of urgency and making use of the budgetary provision established in Article 276 of the General Budget of Income and Expenditures of the Republic, for the Fiscal Year Two Thousand Twenty (2020), to make use of the necessary resources in order to conduct the studies and initiate the construction of the Oncology Institute, within the framework of the contracting options established by this Decree, the construction of which shall be carried out as part of the Comprehensive Public Network of Health Services; proceeding to enter into a Service Provision Agreement with the Foundation for the Development of Comayagua in order to comply with the aforementioned provision.
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 Session Hall of the National Congress, on the eleventh day of the month of June of two thousand twenty. ANTONIO CÉSAR RIVERA CALLEJAS PRESIDENT JOSÉ TOMÁS ZAMBRANO MOLINA SECRETARY ROSSEL RENÁN INESTROZA MARTÍNEZ SECRETARY To the Executive Power Therefore: Let it be executed. TEGUCIGALPA, M.D.C., June 22, 2020. JUAN ORLANDO HERNÁNDEZ ALVARADO PRESIDENT OF THE REPUBLIC THE SECRETARY OF STATE IN THE OFFICE OF THE PRESIDENCY EBAL JAIR DIAZ LUPIAN Legislative Power DECREE No. 76-2020 THE NATIONAL CONGRESS, WHEREAS: Article 1 of Decree No. 156-2019 dated December 4, 2019 and published in the Official Gazette "La Gaceta" dated January 28, 2020, Edition No. 35,160, Authorized the National Commission of Banks and Insurance (CNBS), to subscribe one or more trust contracts with a banking institution of the National or Regional Financial System, a contract that shall have a duration of thirty (30) years from its execution, so that it may finance under any investment model the construction of its own building; a construction contract that must be done under the modality of construction, operation, transfer, maintenance of works and public services, on the land indicated in Whereas (5) of said Decree. WHEREAS: Articles 2 and 5 of Decree No. 156-2019 dated December 4, 2019 and published in the Official Gazette "La Gaceta" dated January 28, 2020, Edition No. 35,160, declare as priority the Project for Construction of the Building of the National Commission of Banks and Insurance (CNBS), granting it the "certificate of incorporation and operational viability" as an accelerated investment process, likewise it instructs the Secretary of State in the Office of Finance (SEFIN) to facilitate the development of the aforementioned construction project. WHEREAS: That in compliance with the provisions of Article 3 of Decree No. 156-2019 dated December 4, 2019...
Related laws
- Decreto Legislativo No. 175-2000 — Reforma al artículo 17 de la Ley Orgánica de la Procuraduría General de la República (Decree 175-2000, 2020)
- Reform of Article 5 of the Law on the Organization of Public Finances Control of Exemptions — This law exempts legally registered cooperatives from paying Income Tax and related taxes. In exchange, they must pay an annual "Social Contribution" of 15% of their profits (or 0.5% of income if they have losses), with the funds financing social programs to reduce poverty in Honduras. (Decree 53-2015, 2013)
- Resolución No. 4-1979 — Reformar los Estatutos del COUNTRY CLUB DE TEGUCIGALPA — This resolution approves the reformed bylaws of the Country Club of Tegucigalpa, a private non-profit club for cultural, sports, and recreational activities. It establishes the club's organizational structure with a General Assembly of shareholders, a Board of Directors with nine members, a Manager, and a Commissioner, defining members' rights and obligations, membership fees, and disciplinary procedures. (Decree 4-1979, 2015)
- Special Law against Money Laundering (Decree No. 144-2014) — This law fights money laundering and terrorist financing in Honduras. It establishes rules that banks, financial companies, and other institutions must follow to detect, report, and prevent suspicious illegal money activities. It protects the national financial system. (Decree 144-2014, 2015)
- Regulations of the Special Law for Promoting NGOs — This regulation governs the creation, operation, and registration of Non-Governmental Development Organizations (NGDOs) in Honduras. It establishes requirements for foundations and non-profit associations to obtain legal status, defines their rights and obligations, and creates oversight mechanisms through URSAC. It affects social, development, and international organizations operating in the country.