Reform of Article 49 of the Law on Strengthening Income and Rationalization of Public Spending
Congreso Nacional
- Decree: 92-2012
- Published: March 28, 2010
- Issuing body: Congreso Nacional
- Category: Financial & Tax
Summary
This law exempts Honduran citizens from paying L.200.00 to replace their identity card for 18 months, especially benefiting those who lost documents in natural disasters. It also declares a 6-month amnesty for citizens registering births, replacements, or late deaths with the National Registry of Persons.
Considerations
Whereas it is incumbent upon the State to generate conditions that promote the general well-being of the population.
Whereas the Executive Directorate of Income (DEI) in application of Decree No. 17-2010, which contains the LAW FOR STRENGTHENING INCOME, SOCIAL EQUITY AND RATIONALIZATION OF PUBLIC EXPENDITURE, provides in its Article 49 for the collection of a fee of two hundred Lempiras (Lps. 200.00) for the replacement of identity cards.
Whereas for reasons of social justice and due to the state of economic hardship experienced by inhabitants of areas affected by disasters, such as the case of the floods in the past month of October in the Departments of Choluteca and Valle, where many male and female citizens lost their identification documents, which makes it difficult for them to request employment, make petitions to the authorities, request transportation, exercise the right to vote, contract with the State and with other natural or legal persons.
Whereas by virtue of the mandate contained in Article 205, subsection 35) of the Constitution, it is incumbent upon the National Congress to establish tax regimes.
Whereas in accordance with Article 205, numeral 1) of the Constitution, it is within the power of the National Congress to create, decree, reform, interpret and repeal laws.
Whereas thousands of persons resort to the Civil Registry offices requesting birth certificates, for which reason it is essential to register and identify children.
Whereas given the difficulty that persons have in registering with the Civil Registry, it is necessary for the State to facilitate a new amnesty.
Whereas registration is an essential function of the National Registry of Persons (RNP).
Articles
The prohibitions referred to in the preceding Articles do not apply to the State Security and Defense bodies and members of the Municipal Police.
Any provision of the Traffic Law or other provisions of other Laws that oppose what is established in this Decree are hereby repealed.
It is prohibited for persons operating motor vehicles with two (2) wheels to perform the maneuver of passing between two (2) vehicles with four (4) or more wheels in the middle of two (2) lanes. Violation of this provision shall result in the same sanction as Article 1 of this Law.
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 fourteenth day of the month of June of the year two thousand twelve. JUAN ORLANDO HERNÁNDEZ ALVARADO PRESIDENT RIGOBERTO CHANG CASTILLO SECRETARY GLADIS AURORA LÓPEZ CALDERÓN SECRETARY To the Executive Branch Therefore: Execute. Tegucigalpa, M.D.C., July 11, 2012. PORFIRIO LOBO SOSA PRESIDENT OF THE REPUBLIC THE SECRETARY OF STATE IN THE OFFICE OF SECURITY POMPEYO BONILLA Legislative Branch DECREE No. 92-2012 THE NATIONAL CONGRESS. WHEREAS: It corresponds to the State to generate the conditions that promote the general welfare of the population. WHEREAS: The Executive Directorate of Income (DEI) in application of Decree No. 17-2010 contained in the LAW FOR STRENGTHENING INCOME, SOCIAL EQUITY AND RATIONALIZATION OF PUBLIC SPENDING contemplates in its Article 49 the collection of a rate of two hundred Lempiras (Lps.200.00) for the replacement of identity cards. WHEREAS: For reasons of social justice and due to the state of economic crisis experienced by inhabitants of areas affected by disasters such as the case of the floods in the past month of October in the towns of the Departments of Choluteca and Valle, where many male and female citizens lost their identification documents, it is difficult for them to request employment, make petitions to authorities, request transportation, exercise the right to vote, enter into contracts with the State and with other natural or legal persons. WHEREAS: By virtue of the mandate contained in Article 205, attribution 35) of the Constitution, it corresponds to the National Congress to establish tax regimes. WHEREAS: Pursuant to Article 205, numeral 1), it corresponds to the National Congress to have the power to create, decree, reform, interpret and repeal laws. THEREFORE, IT DECREES:
Reform the final paragraph and add a final paragraph to Article 49 of Decree No. 17-2010 contained in the LAW FOR STRENGTHENING INCOME, SOCIAL EQUITY AND RATIONALIZATION OF PUBLIC SPENDING, dated March 28, 2010, which shall read as follows:
All institutions of the Central Government and Decentralized bodies are authorized to collect the rate of Two Hundred Lempiras exactly (L.200.00) as payment for the issuance of administrative acts that they approve, such as: 1)... 2)... 3)... 4)... 5)... 6)... 7)... 8)... Said payment must be made by the requesting party or their legal representative in any agency of the National Banking System authorized, by means of Official Receipt of Payment, TGR-1, under Code 12121. Exempted from this payment are Diplomatic Missions, Consular offices, International Cooperation Bodies and Agencies, Churches, work certificates, from the National Registry of Persons (RNP), health, education, farmers, cooperatives, birth certificates, valid identity cards issued for the first time and documents contemplated in special laws. Male and female citizens residing throughout the country are exempt from payment for the replacement of the Identity Card for a period of eighteen (18) months from the date this Decree enters into force.
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 fourteenth day of the month of June of the year two thousand twelve. JUAN ORLANDO HERNÁNDEZ ALVARADO PRESIDENT RIGOBERTO CHANG CASTILLO SECRETARY GLADIS AURORA LÓPEZ CALDERÓN SECRETARY To the Executive Branch Therefore: Execute. Tegucigalpa, M.D.C., July 11, 2012. PORFIRIO LOBO SOSA PRESIDENT OF THE REPUBLIC THE SECRETARY OF STATE IN THE OFFICE OF FINANCE HÉCTOR GUILLEN Legislative Branch DECREE No. 93-2012 THE NATIONAL CONGRESS. WHEREAS: Thousands of persons resort to the Civil Registry offices requesting birth certificates, which is why it is essential to register and identify children. WHEREAS: Given the difficulty that persons have in registering at the Civil Registry, it is necessary that the State facilitate a new amnesty. WHEREAS: Registration is an essential function of the National Registry of Persons (RNP). THEREFORE, IT DECREES:
Declare General Amnesty for a period of six (6) months from the date this Decree enters into force, to all those citizens who have not completed the Birth Registrations, Replacements designated for that purpose and Late Deaths, within the time and manner indicated in the "Law of the National Registry of Persons" (RNP).
The channels of National Television 8 and 20 respectively, as well as state radio stations, must promote a systematic campaign to publicize this Amnesty, so that citizens become aware and mobilize to carry out the procedures set forth in the preceding Article.
The National Registry of Persons (RNP) shall submit a Report to the National Congress on the results of the General Amnesty, no later than ninety (90) days from the date this Decree enters into force.
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 fourteenth day of the month of June of the year two thousand twelve. JUAN ORLANDO HERNÁNDEZ ALVARADO PRESIDENT RIGOBERTO CHANG CASTILLO SECRETARY GLADIS AURORA LÓPEZ CALDERÓN SECRETARY To the Executive Branch Therefore: Execute. Tegucigalpa, M.D.C., July 11, 2012. PORFIRIO LOBO SOSA PRESIDENT OF THE REPUBLIC THE SECRETARY OF STATE IN THE OFFICES OF THE INTERIOR AND POPULATION CARLOS AFRICO MADRID HART
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