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January 16, 2026In force

Agreement-SDN-245-2025

Poder Ejecutivo

  • Decree: SDN-245-2025
  • Published: January 16, 2026
  • Issuing body: Poder Ejecutivo
  • Gazette: 37,045
  • Category: Labor

Summary

AIThis summary was generated by AI and may contain errors. Always verify against the original law text below. Not legal advice. Learn how we use AI

This regulation establishes the rules for employees of the National Defense Ministry to receive national or foreign study scholarships. Beneficiaries must have work seniority, maintain a minimum grade of 80%, and commit to working double the scholarship duration in the institution, or reimburse the money received.

Considerations

Whereas the Constitution of the Republic in its article 151 establishes that "Education is an essential function of the State for the conservation, promotion and dissemination of culture, which must project its benefits to society without discrimination of any nature".

Whereas the Constitution of the Republic in its article 246 establishes that "The Secretaries of State are bodies of the general Administration of the country, and depend directly on the President of the Republic. The Law shall determine their number, organization, competence and functioning of the Council of Ministers".

Whereas the Constitution of the Republic in its article 248 first paragraph establishes that "The decrees, regulations, agreements, orders and resolutions of the President of the Republic must be authorized by the Secretaries of State in their respective departments or by the undersecretaries in their case. Without these requirements it shall have no legal force".

Whereas the General Law of Public Administration in its article 36 numerals 6), 8), 10) and 12) establishes that among the attributions and duties of the Secretaries of State is issuing the regulations for internal organization of their respective offices, issuing agreements and resolutions in matters of their competence and those delegated by the President of the Republic and overseeing their execution, exercising superior administration, direction, inspection and safeguarding of the movable and immovable property and values assigned to the Secretary of State and ordering the expenses of the Secretary of State and intervening in the processing of additional allocations and other modifications to the respective budget.

Whereas in accordance with the Law, the institutions and organisms of the public sector shall establish and utilize the funds allocated for the granting of scholarships according to the needs of actual management and the entities shall elaborate their own instructive measures and internal regulations, in which the requirements and internal regulations for their correct application shall be established.

Articles

Article 1.-

The purpose of this Regulation is to establish the legal basis that governs the awarding of scholarships to members of the State Secretariat in the Office of National Defense, whether national or foreign, in accordance with the Institution's policy, the General Provisions of the General Budget of Income and Expenditures of the Republic, Laws and Regulations, and other applicable regulations.

Article 2.-

This Internal Regulation contains the rules that determine the procedure for scholarship administration. Likewise, its objectives are: a. To regulate the management, control, and allocation of resources available in the budget approved to the State Secretariat in the Office of National Defense for the awarding of national and foreign scholarships. b. To contribute in part to improving the educational quality of life of personnel. c. To address the demand for support of scholarship requests, within the framework of the budgetary capacities of this State Secretariat. d. To improve the quality of service provided to the Secretariat in order to optimize intellectual resources.

CHAPTER II DEFINITIONS

Article 3.-

For the purposes of application and interpretation of this Regulation, the following terms shall be understood as: a. Scholarship: Economic assistance from public or private funds granted to a person to pay in whole or in part the expenses incurred in pursuing studies, developing a research project, or carrying out an artistic work. b. Scholarship Recipient: Member of the Institution who enjoys a national or foreign scholarship in compliance with the respective Program, according to the conditions and modalities that may be indicated. c. Partial Scholarship: Comprises only partial financing for the maintenance of the scholarship recipient and consists only of providing a percentage of financial assistance, which shall be between 20% and 70%, to be determined by the Highest Executive Authority. d. Scholarship Contract: Legal instrument by which the obligations and rights arising from the scholarship granted by the State shall be regulated. e. Employee: Any natural person who provides material, intellectual, or both types of services to this State Secretariat, by means of payment of a salary and by virtue of a contract or employment relationship. f. Force Majeure: Implies certain events or facts that are inevitable, insurmountable, and irresistible. g. Negotiable Instrument: A legal document by means of which the creditor may initiate a forced execution process to obtain compliance with an obligation. CHAPTER III SCHOLARSHIPS

Article 4.-

The total number of scholarships to be awarded and their form of payment, whether within or outside the country, shall be subject to the provisions of the Laws, the General Provisions of the General Budget of Income and Expenditures of the Republic in effect, and other applicable regulations.

Article 5.-

This State Secretariat shall award scholarships to pursue studies abroad only in those cases in which such studies cannot be pursued in the country. In the event that the candidate requires a foreign language prior to the beginning of his or her training, training, or specialization, the expenses shall be borne by the candidate.

Article 6.-

Personnel of this State Secretariat who becomes entitled to a scholarship for studies, whether total or partial, shall have the obligation to sign, either directly or through a legal representative, a scholarship contract, which shall stipulate the time of training or specialization, as well as the rights and obligations arising therefrom and other legal requirements that, in the judgment of the Institution, are necessary to establish. Among the obligations of the scholarship recipient shall be reciprocity to the financial assistance received, by working for double the time

in the institution for which the financial assistance lasted for the completion of the studies. Likewise, the natural person who becomes entitled to a scholarship for studies shall have the obligation to subscribe, either directly or through a legal representative, the respective contract and the negotiable instrument with executive force and immediate execution (promissory note or bill of exchange), which shall be delivered once the agreed terms have been fulfilled.

Article 7.-

The scholarship recipient understands that the State Secretariat in the Office of National Defense does not undertake to cover any additional amount for increases in tuition, increases in cost of living, professional practices, medical examinations, or other similar expenses. Likewise, the scholarship recipient accepts that, once the scholarship has been awarded, he or she cannot request extensions or increases in the established amount.

Article 8.-

The scholarship recipient has the obligation to successfully complete the studies for which the scholarship is provided with a minimum grade point average of 80%. To verify compliance or lack of progress attributable to the scholarship recipient, he or she must submit official grades issued by the competent authority for each completed period to the Human Resources Sub-management of this State Secretariat, which shall verify compliance with the provisions of this article.

Article 9.-

Scholarship types are: a. Training Courses b. Capacity Building Courses c. Specialization Courses d. University Studies at the undergraduate and postgraduate levels. CHAPTER IV BENEFICIARIES AND REQUIREMENTS

Article 10.-

The beneficiaries of the available budgetary resources for the awarding of scholarships from the approved budget shall be employees of this Institution who meet the requirements set forth for scholarship assistance as applicable. For purposes of the corresponding administrative procedure, the request must be submitted with a minimum advance notice of two (2) months, accompanied by documentation that supports the request.

Article 11.-

The requirements to qualify for a scholarship are the following: a. To be an active member of the State Secretariat in the Office of National Defense. b. To have a minimum of one (01) year of work seniority. c. To have an Appointment Agreement.

d. Interest in continuing education, training, and educational development. e. Educational qualification at the level of secondary education or higher, duly authenticated by the Directorate of Higher Education (DES). f. To have an updated personal file that reflects good labor, ethical, and academic performance, which makes him or her worthy of the Scholarship. g. That the study or specialization being requested be for the benefit of his or her work area. h. To sign the respective Scholarship Contract and Negotiable Instrument as a Scholarship Recipient or as a legal representative of the Scholarship Recipient. i. Others that may apply.

Article 12.-

The minimum documentation required to apply for the requested scholarship shall be the following:

  • a)

    Present a written request stating the reason and type of scholarship;

  • b)

    Legible copy of the National Identification Document of the applicant and/or beneficiary and, if applicable, of the Guarantor. c. Educational qualification at the level of secondary education or higher, duly authenticated by the Directorate of Higher Education (DES) (on both sides). d. Attach supporting documentation that serves as backup for providing the scholarship, such as: certificate of studies, Academic Offer related to the position held, Costs of the Academic Offer, among others. e. Any other document that this State Secretariat may require and consider appropriate or necessary and that serves as support for evaluating the awarding of the benefit.

Article 13.-

The beneficiary of a scholarship, if approved, shall have the obligation to submit on a quarterly basis the supporting documentation that supports the expected academic performance. CHAPTER V PROCEDURE

Article 14.-

Every scholarship request must be presented before the Secretary of State; prior to approval, he shall forward it to the Administrative Management for the respective analysis by the various units and/or departments he deems appropriate. Likewise, this State Secretariat shall establish that it has the budgetary availability approved by Law. Furthermore, the scholarship recipient must subscribe to a Negotiable Instrument with executive force and immediate execution (promissory note or bill of exchange) as well as the contract between the scholarship recipient and this State Secretariat.

Article 15.-

Prior to applying for this benefit, an opinion must be issued by the Legal Department and the Human Resources Sub-management, in accordance with the documentation presented and compliance with the requirements previously established in this Regulation.

Article 16.-

The submission of a scholarship application does not generate any right to its approval, and the State Secretariat is authorized to reject it based on the corresponding administrative analysis or budgetary availability.

Article 17.-

The Administrative Management of this State Secretariat shall open a checking account at the Central Bank of Honduras in the name of the State Secretariat in the Office of National Defense, registering the signatures of the State Secretary and Administrative Manager or, in their absence, the Undersecretary and the Administrative Manager respectively, which shall be used for the disbursement of the amounts approved and delivered for the purpose of granting scholarships.

Article 18.-

In order to carry out the delivery of scholarships, other types of aid may be modified, eliminated, or added, according to an annual evaluation of the regulations, and may be integrated into this Regulation following discussion and evaluation by the General Secretariat and Administrative Management.

Article 19.-

The Administrative Management shall, within the first fifteen (15) days following the end of each quarter, submit to the State Secretary a detailed report of the scholarship applications delivered. This shall be done so that the Internal Audit of this State Secretariat may conduct audits and exercise the necessary control in the administration of the funds subject to this Regulation. CHAPTER VI RESPONSIBILITIES OF THE PARTIES

Article 20.-

The State Secretariat in the Office of National Defense shall have the following responsibilities: a. To grant financing to the scholarship holder under the conditions duly agreed upon in the Scholarship Contract. b. To supervise the faithful performance of the Scholarship Contract. c. It is understood that, if the Secretariat does not have available funds to pay the benefits to the scholarship holder, it shall be completely relieved of all civil and administrative responsibility. d. To deliver the Title of Value, once the Scholarship Contract subscribed by the scholarship holder is fully complied with.

Article 21.-

The scholarship holder shall have the following responsibilities: a. To comply with each of the clauses agreed upon in the Scholarship Contract. b. The scholarship holder shall sign a promissory note that shall guarantee the fulfillment of the obligations incurred through the Scholarship Contract. c. In the event that the scholarship holder fails to comply with the conditions stipulated in the scholarship contract, he shall be obligated to refund the sums granted, in the currency in which they were received or in its equivalent at the exchange rate in effect at the time the refund becomes due. Only in cases of proven force majeure may the scholarship holder be exempt from such obligation, subject to the approval of the Human Resources Sub-Management and a favorable opinion from the Legal Department. d. The scholarship holder is obligated to submit quarterly the supporting documentation that evidences the expected academic performance. e. At the end of the scholarship, he shall submit a report on the results and benefit of the learning. f. If the scholarship holder resigns from the scholarship, from the institution, or is dismissed for causes duly justified and attributable to his conduct, he shall be obligated to pay the total amount of the scholarship or his proportional share of the benefits obtained. CHAPTER VII INCOMPATIBILITIES IN THE ALLOCATION OF SCHOLARSHIPS

Article 22.-

The granting of scholarships is incompatible when the following circumstances concur: a. Being in receipt of a scholarship granted by any State institution. b. Enjoying two simultaneous scholarships granted by this State Secretariat. c. When a scholarship has been previously enjoyed and has been cancelled due to circumstances attributable to the same person.

Article 23.-

The applicant who omits to make reference to one of the preceding circumstances shall be excluded from the application submitted, even if it has already been granted to him, which shall be cancelled.

Article 24.-

The cancellation of the scholarship to the scholarship holder shall be determined in the following cases: a. When the information provided is false or presents some alteration. b. When fraudulent or illicit conduct, acts of violence, discrimination, or harassment are detected in the participant while forming part of the scholarship program. c. Failing one or more courses in any period of the academic year, unless such situation is due to duly justified causes. d. In the event that the beneficiary is prosecuted and found guilty of criminal infractions in any Court of the Republic. e. If the beneficiary fails to appear during the regular period to register, or if the person enjoying the same absents himself from the educational institution, he shall lose the scholarship, unless the reason is justified before the Maximum Executive Authority. f. Express resignation from the scholarship. g. Total incapacity to continue his studies, for reasons of health. h. By resignation or dismissal of the Employee of the Institution. i. Death of the scholarship holder. CHAPTER IX FINAL PROVISIONS

Article 25.-

This State Secretariat may suspend or cancel the scholarship benefit, without responsibility on its part, for reasons of unforeseen budgetary cuts or limitations, whether by fortuitous event, force majeure, or when the scholarship holder is no longer active in the institution; likewise, it reserves the right to grant scholarships in whole or in part.

Article 26.-

The beneficiary of the scholarship granted may not, under any circumstances, gift, transfer, exchange, or sell the scholarship granted.

Article 27.-

No scholarship shall be granted in the following cases:

  • a)

    For falsifying or omitting information required in relation to the background of the social, economic, and identification situation requested;

  • b)

    When it is detected that the applicant does not participate, collaborate, and/or contribute in the submission of the requested documents;

  • c)

    For other incompatibilities or inconsistencies found and contemplated in the Law or in this Regulation.

Article 28.-

Matters not provided for in this Regulation shall be resolved by internal disposition and decision of this State Secretariat, always taking into account what is established in the laws governing the administration of State resources currently in effect.

Article 29.-

This Regulation shall be effective as of the date of its publication in the Official Gazette "La Gaceta". Given in the city of Tegucigalpa, municipality of the Central District, on the sixteenth (16) day of December of the year two thousand twenty-five (2025). LET IT BE COMMUNICATED AND PUBLISHED. ORLANDO ENRIQUE GARNER ORDÓÑEZ UNDERSECRETARY OF STATE IN THE OFFICE OF NATIONAL DEFENSE SIGNATURE ACCORDING TO EXECUTIVE AGREEMENTS No. 63 and No. 74-2025 LAWYER ELENA MICHELLE VALLECILLO FUENTES GENERAL SECRETARY OF THE STATE SECRETARIAT IN THE OFFICE OF NATIONAL DEFENSE

Notes

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