Search with AI

Support Leyes.HN

Leyes.HN is free for everyone. Your donation helps keep it that way.

Donate
August 3, 2023In force

Agreement 07-SG-SEDESPA-2023

Poder Ejecutivo

  • Decree: 07-SG-SEDESPA-2023
  • Published: August 3, 2023
  • Issuing body: Poder Ejecutivo
  • Gazette: 36,298
  • Category: Administrative

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 agreement establishes the organizational structure and internal functions of SEDESPA, the secretariat responsible for coordinating, supervising, and evaluating government programs and projects. It defines five main departments that will handle project monitoring, design of new projects, information management, municipal support, and general administration.

Considerations

Whereas, by means of Executive Decree Number PCM-05-2022 published in the Official Gazette "La Gaceta" on April 6, 2022, the Secretariat of State for the Development and Follow-up of Projects and Agreements (SEDESPA) was created.

Whereas, by means of Executive Decree Number PCM 23-2023 dated May 4, 2023 and published in the Official Gazette "La Gaceta" on May 4, 2023, Executive Decree Number PCM 008-97, which contains the "Regulations on Organization, Operation and Powers of the Executive Branch", is amended by addition, adding Articles 87-J; 87-K; 87-L through which the functions and organic structure of the Secretariat of State for the Development and Follow-up of Projects and Agreements are established.

Whereas, Article 5 of Executive Decree Number PCM 23-2023 establishes that public institutions created by means of Executive Decree Number PCM 05-2022, included in said Executive Decree, shall have their internal organization regulations, which shall determine the functions and powers of the directorates and support bodies and other instruments necessary for their operation, in accordance with Article 36, numeral 6 and Article 101 of the "General Law of Public Administration"; Article 101 and other applicable articles of the "Regulations on Organization, Operation and Powers of the Executive Branch", within a maximum period of thirty (30) business days following the publication of the Executive Decree.

Whereas, Article 36, numeral 6 of the "General Law of Public Administration" establishes as an attribution of State Secretaries the issuance of internal organization regulations of their respective offices.

Articles

Article 1.-

This regulation constitutes a set of norms and provisions whose purpose is to regulate the internal organization of the Secretariat for the Development and Monitoring of Projects and Agreements (SEDESPA).

Article 2.-

For the fulfillment of its duties, the Secretariat of State for the Development and Monitoring of Projects and Agreements (SEDESPA) shall have the following Organizational Structure:

  • a)

    Secretary of State;

  • b)

    General Secretariat;

  • c)

    Direction of Project Monitoring and Evaluation;

  • d)

    Direction of Project Development;

  • e)

    Direction of the Monitoring System and Management of Programs, Policies and Projects (SIGEPP);

  • f)

    Direction of Municipal Projects Monitoring;

  • g)

    Administrative Management;

  • h)

    Internal Audit; and,

  • i)

    Other support bodies established in the "General Law of Public Administration" and related regulations, as well as those created in this Regulation.

Article 3.-

The Secretary of State shall be directly assisted by a Cabinet that shall have the functions of coordination, execution, monitoring, advisory services and analysis of specific administrative, legal and technical matters, which are detailed as follows:

  • a)

    Technical Office of the Secretariat of the Secretary of State: it shall correspond to support related to the handling of correspondence and agenda; protocol and logistical support; technical and administrative assistance in the review of documents prior to signature by the Highest Authority; communication of instructions within the institution, as well as the implementation of monitoring for their compliance; performance of due diligence on determined matters; support in the relationship of the Superior Authority with external actors; support in the preparation of responses and performance of specific tasks in response to requests from the Presidency of the Republic to the Highest Authority; and, others as required;

  • b)

    Legal Advisory: it shall be responsible for providing legal assistance to the Secretary in the matters that require it; prepare progress reports and issue recommendations based on reviews of the normative processes of assigned institutional projects; and, advise and provide accompaniment to institutions in compliance with the regulatory framework applicable to programs and projects;

  • c)

    Technical Advisory: it shall be responsible for providing specialized advisory and technical assistance to the Secretary in the matters that require it.

Article 4.-

The General Secretariat is the communications body of the Secretariat for Development and Monitoring of Projects and Agreements; its head has the function of notary public and shall be responsible for the coordination and supervision of the following units:

  • a)

    Unit of Legal Services: It is coordinated by the General Secretariat, and it shall correspond to support and assist the different departments of the Secretariat of State on legal matters, issuing opinions and legal determinations, preparing draft agreements, contracts, legislative initiatives or regulations, as well as providing legal representation and prosecution services when appropriate;

  • b)

    Unit of Institutional Communication: It is responsible for matters related to the disclosure of the Secretariat of State's activities, information and press services and the handling of protocol matters;

  • c)

    Unit of External Cooperation and Resource Mobilization: It is responsible for assisting the Secretary of State in the formulation of external cooperation strategies that facilitate the execution of programs and projects. For these purposes, said Unit shall coordinate its activities with the Secretariat of Foreign Relations and International Cooperation (SRECI) and the Secretariat of Finance (SEFIN) as appropriate.

Article 5.-

The functions of the General Secretary are:

  • a)

    Assist the Secretary of State;

  • b)

    Receive requests and petitions presented to the Office and maintain corresponding records for the control and custody of files;

  • c)

    Ensure that pending matters are dispatched within the established timeframes;

  • d)

    Maintain the registry of decrees and agreements issued on matters of the ministry;

  • e)

    Maintain the general file of the Office;

  • f)

    Authorize the signature of the Secretary of State on the decisions, agreements or resolutions issued;

  • g)

    Notify interested parties of the decisions or resolutions and, where appropriate, issue certifications and authenticate documents;

  • h)

    Transcribe to interested parties the agreements issued on matters of the ministry;

  • i)

    Resolve matters delegated to him/her by the Secretary of State;

  • j)

    Periodically inform his/her superiors of the matters submitted to his/her knowledge;

  • k)

    Coordinate and supervise the functions of the Units of Legal Services, Institutional Communication; and, External Cooperation and Resource Mobilization; and;

  • l)

    Exercise other functions assigned to him/her within the scope of his/her competence.

Article 6.-

The Direction of Project Monitoring and Evaluation (DSEP) is responsible for monitoring and supervision of programs, projects and agreements, as well as design and impact evaluation and shall have the following functions: i. Monitor the physical execution and monitoring of projects; ii. Define and determine the physical and financial indicators that allow for effective monitoring and evaluation; iii. Advise and provide technical accompaniment to executing units in the different stages of the project cycle when officially required by executing institutions; iv. Evaluate the design, impact and public value of prioritized programs and projects; v. Generate alerts when high risks are identified in project execution for decision making; vi. Conduct periodic reviews, in coordination with executing units and financing entities, of the portfolio of programs and projects; vii. Prepare quarterly and annual reports on the management, execution and evaluation of projects at the institutional and sectorial level; viii. Geographically map the location of projects at the level of components and works to guide their supervision; ix. Prioritize projects to be supervised, using criteria such as: being part of the National Public Investment System of Honduras (SNIPH) or any other type of projects; their level of incidence; and their level of socioeconomic impact; x. Technically accompany executing entities in project supervision to verify on-site physical progress; xi. Conduct collection of primary quantitative and qualitative information of projects; xii. Prepare supervision reports of the prioritized project, component or work thereof, for each supervision event and monthly and quarterly on an aggregate basis by institution and sector.

Article 7.-

The Direction of Project Development (DDP) is responsible for technical accompaniment in the design of new projects that are identified through the analysis of different planning instruments or at the request of institutions or sector cabinets; as well as by explicit requirement of the Presidency of the Republic. The foregoing corresponds to the following functions:

  • a)

    Conduct analysis of current plans and public policies with the objective of identifying project ideas for the solution of economic, social and environmental problems;

  • b)

    Support and provide technical accompaniment to public institutions in the design of new projects aligned with national planning and presidential priorities;

  • c)

    Generate information for SIGEPP, in coordination with the Direction of Project Monitoring and Evaluation, for the integrated preparation of reports.

Article 8.-

To execute its functions, the DDP shall have two units and the following functions:

  • a)

    Analysis of Policies and Projects: i. Conduct analysis of planning instruments, policies and technical proposals of government entities at their different levels; ii. Review documents that arise from new project formulation processes and issue improvement recommendations;

  • b)

    Project Design: i. Provide technical assistance to Public Institutions that promote project initiatives, in coordination with the SPE and the General Direction of Public Investment of SEFIN, the Secretariat of External Relations and International Cooperation (SRECI), among others; ii. Evaluate the technical and financial design of new projects prior to the review of the Secretariat of Strategic Planning (SPE), Secretariat of Finance (SEFIN).

Article 9.-

The Direction of the Monitoring System and Management of Programs, Policies and Projects (SIGEPP) is responsible for the implementation of an information technology tool through which a database of identification and management of programs, policies and projects shall be administered; for which all entities of the Public Administration through their executing units must register in a mandatory manner the information corresponding to all their programs and projects in the SIGEPP System as they are executed. SIGEPP shall have the following functions:

  • a)

    Administers the System through the definition and implementation of policies and procedures for the SIGEPP system;

  • b)

    Manage the updating of the system database in accordance with policies and processes;

  • c)

    Conduct training events for executing units and other actors that feed SIGEPP for the correct use of information technology applications;

  • d)

    Generate information outputs in accordance with requests from users to support monitoring and evaluation of projects;

  • e)

    Advise and provide technical support to executing units and other actors in the use of the SIGEPP system; and,

  • f)

    Continuously evaluate the performance of the SIGEPP system to propose improvement, optimization and efficiency proposals in the management of the portfolio of development programs and projects.

Article 10.-

To execute its functions, the Direction of the Monitoring System and Management of Programs, Policies and Projects (SIGEPP) shall have in its organizational structure two units with the following functions: a) Unit of Information Systems Development (UDSI): This unit shall be responsible for developing and keeping updated the SIGEPP information technology applications in line with established policies and procedures and shall have the following functions: i. Analyze the requirements of SIGEPP users to develop solutions that meet their needs; ii. Design, develop and conduct testing of information technology applications for the management of the portfolio of development programs, policies and projects; iii. Keep SIGEPP software updated, ensuring its correct functioning and compatibility with other systems; iv. Provide technical support and training to executing units and other actors that feed SIGEPP. b) Unit of SIGEPP Data Analysis (UADS): This unit shall be responsible for generating useful information for decision making and monitoring the performance of the portfolio of development programs and projects based on data stored in SIGEPP and shall have the following functions: i. Design and execute data analysis to identify trends, patterns and opportunities for improvement in the management of the portfolio of development programs and projects; ii. Develop and keep updated the reports and dashboards of SIGEPP that allow users to make informed decisions; iii. Identify opportunities for improvement in the management of the portfolio of development programs and projects based on analyses conducted; iv. Provide recommendations for continuous improvement of SIGEPP and its use by executing units and other actors.

Article 11.-

The Direction of Municipal Projects Monitoring (DSPM) responsible for assisting, at the request of municipalities and municipal associations at the national level, in the strengthening and development of capacities related to the formulation and monitoring of physical and financial execution throughout the entire life cycle of a project, promoting a culture of transparency and accountability. The foregoing in support of the coordinating role of the Secretariat of Governance, Justice and Decentralization (SEGOB) and the Association of Municipalities of Honduras (AMHON), which shall have the following attributions:

  • a)

    Promote the subscription of interinstitutional technical cooperation agreements in order to coordinate and combine efforts in the development of complementary actions that contribute to improving the capacity of municipalities in the formulation and in the physical and financial execution of projects; institutions such as AMHON, SEGOB, the Secretariat of State in the Office of Transparency and Fight Against Corruption (STLCC), among others;

  • b)

    Monitor the physical and financial progress of projects for the preparation of monthly, quarterly or reports according to the cycle defined by the Secretariat of State of SEDESPA;

  • c)

    Develop training workshops in coordination with AMHON, SEGOB, and other institutions and organizations to improve the capacities of municipal and municipal association staff regarding matters related to the project management cycle: Initiation, formulation, execution, monitoring and closure;

  • d)

    Advise and provide technical accompaniment to municipalities and municipal associations in the different stages of the project management cycle in execution, prioritized by SEDESPA in coordination with municipalities;

  • e)

    Provide assistance to project executing units based on the express request of municipalities for the strengthening of technical capacities and governance mechanisms;

  • f)

    Promote accountability to encourage transparency and fight against corruption by addressing the issue in the different training workshops conducted and as part of the project monitoring process;

  • g)

    Work in a coordinated manner and within the scope of its competencies with the Secretariat of Governance, Justice and Decentralization (SEGOB) and the Association of Municipalities of Honduras (AMHON), and other institutions and organizations in order to generate harmonized actions that benefit municipalities and municipal associations.

Article 12.-

To execute its functions, the Direction of Municipal Projects Monitoring (DSPM) shall have in its organizational structure three units with the following functions:

  • a)

    Unit of Municipal Capacity Development: i. Develop training workshops in coordination with AMHON and SEGOB to improve the capacities of municipal staff; ii. Provide assistance to project executing units for the strengthening of technical capacities and governance mechanisms; iii. Promote accountability to encourage transparency and fight against corruption; iv. Work in a coordinated manner with the Secretariat of Governance, Justice and Decentralization (SEGOB) and the Association of Municipalities of Honduras (AMHON); and, v. Prepare monthly, quarterly or reports according to the cycle defined by the Secretariat of State of SEDESPA of the work performed by the Unit.

  • b)

    Unit of Analysis and Monitoring of Municipal Projects: i. Monitor the physical and financial progress of projects and provide improvement recommendations or solutions to problems on findings; ii. Advise and provide technical accompaniment to municipalities in the different stages of the project management cycle in execution; iii. Work in a coordinated manner with the Secretariat of Governance, Justice and Decentralization (SEGOB) and the Association of Municipalities of Honduras (AMHON); iv. Prepare monthly, quarterly or reports according to the cycle defined by the Secretariat of State of SEDESPA of the work performed by the unit.

  • c)

    Unit of Administrative-Financial Technical Assistance for Municipal Projects: i. Facilitate interinstitutional coordination and the establishment of cooperation agreements with other government institutions; ii. Advisory services and accompaniment in the financing management of municipal projects; iii. Advisory services and accompaniment in matters of administrative-financial management; iv. Prepare consolidated monthly executive reports, quarterly or according to the cycle defined by the Secretariat of State of SEDESPA of the management of work performed by the institution.

Article 13.-

The Unit of Normative Framework is the body responsible for interpreting, applying, monitoring, auditing and controlling compliance with legal, technical and administrative regulations that ensure compliance with project standards and its attributions are as follows:

  • 1)

    Establish mechanisms to support and accompany the different Institutions that execute prioritized projects in normative compliance;

  • 2)

    Implement a system of monitoring and evaluation of legal processes conducted in the execution of prioritized projects;

  • 3)

    Monitor, evaluate, supervise and provide technical monitoring to prioritized programs and projects;

  • 4)

    Design and propose strategies and instruments to implement policies, plans and projects within the scope of its functions;

  • 5)

    Exercise other functions assigned to it within the scope of its competence.

Article 14.-

The Administrative Management is responsible for budget administration, administration of human resources and administration of materials and general services, including the functions of purchases and supplies and administration and custody of assets in its charge, which shall have the following sub-management units:

  • a)

    Sub-Management of Human Resources: The administration of human resources comprises the handling of matters related to personnel in accordance with legal provisions on the subject, including the preparation and updating of function manuals and classification of positions and salaries, the development of personnel training programs and the processing of different actions that correspond on this matter;

  • b)

    Sub-Management of Material Resources and Supplies: It comprises actions related to the acquisition of goods and services and the contracting of public works and their maintenance in accordance with applicable legislation on the subject; the administration and custody of movable and immovable property assigned to the Secretariat of State and the procurement function, including the handling of warehouses of consumable goods as well as the provision of general services such as transportation, security, cleaning and other similar services;

  • c)

    Sub-Management of Budget: responsible for budget administration which comprises fundamentally the preparation of the annual budget draft of the Secretariat of State and its departments, the registration and control of spending execution in accordance with applicable legislation on the subject; the liquidation of the budget at the end of the fiscal year; financial accounting of the Secretariat of State's operations; advisory services and support to its different departments in relation to budget execution and control; the preparation of financial and budget execution reports that may be required; and the updated handling of records and files of budget control and accounting for verification by the State's controlling bodies.

Article 15.-

Internal Audit is the body responsible for independent and objective assurance and advisory activities designed to add value and improve SEDESPA's operations. The functioning of Internal Audit shall be governed by the provisions of the Organic Law of the Superior Court of Accounts, the Governing Framework of the Internal Audit Units of the Public Sector, as well as all those norms that in the exercise of its attributions are issued by the Superior Court of Accounts.

Article 16.-

The Support Units of the Secretariat for Development and Monitoring of Projects and Agreements are the following:

  • a)

    Unit for Planning and Management Evaluation (UPEG): Reports directly to the State Secretary; is a strategic body responsible for the analysis, design and evaluation of policies, programs and projects; the definition of spending and investment priorities according to the annual budget; the periodic evaluation of the efficiency and effectiveness of SEDESPA programs, as well as conducting institutional and sectorial reform processes;

  • b)

    Gender Unit: Responsible for promoting the effective participation of women in the plans, programs and projects of the Secretariat in order to expand freedoms and powers to ensure compliance with all regulations pertaining to equal opportunities through the design, implementation, and evaluation of policies and budgets of the Institution;

  • c)

    Unit for Transparency and Access to Public Information: Responsible for establishing, operating and disseminating the necessary mechanisms to guarantee and efficiently provide information requested by citizens through compliance with the provisions of the Law on Transparency and Access to Public Information, as well as promoting actions aimed at strengthening the culture of transparency, the protection of personal data, and accountability as politically recognized norms in order to make institutional management transparent;

  • d)

    Modernization Unit: Responsible for coordinating actions aimed at designing, executing and evaluating institutional reform measures, monitoring their execution, in accordance with the programs of the State Secretariat. COMMON PROVISIONS

Article 17.-

The General Directors shall have the following common powers:

  • 1)

    Direct the technical and administrative activities of their dependencies, including the distribution of tasks and the assignment of responsibilities to personnel under their charge;

  • 2)

    Direct, coordinate, control and evaluate the programs and projects executed within their Directorate;

  • 3)

    Assist the Secretary in matters within their competence;

  • 4)

    Coordinate, schedule, organize, direct, control and evaluate the performance of the duties entrusted to the General Directorate under their charge;

  • 5)

    Agree with their hierarchical superior on the attention, study and resolution of matters that are the responsibility of the General Directorate under their charge;

  • 6)

    Formulate the Budget Preliminary Draft and the Annual Operational Plan (POA) of the Directorate under their charge, in coordination with the Budget Submanagement and the UPEG in accordance with applicable provisions;

  • 7)

    Prepare and keep updated in coordination with the Institutional Internal Control Committee (COCOIN) and the Modernization Unit (UDEM), the procedures manual of the Directorate under their charge;

  • 8)

    Participate in commissions, committees or other collegial bodies when so established by Law or ordered by the State Secretary;

  • 9)

    Provide the collaboration that may be required by other dependencies, directorates, administrative units of SEDESPA or by other dependencies or entities of the Public Administration, within the scope of their powers, in accordance with applicable provisions and guidelines established by the State Secretary for such purpose;

  • 10)

    Participate in seminars, conferences, symposia, colloquia and congresses on topics within their competence; and,

  • 11)

    Prepare proposals to create, reorganize or suppress units of the Directorate under their charge and submit them for consideration to their hierarchical superior. COMPLEMENTARY, TRANSITORY AND FINAL PROVISIONS

Article 18.-

The present Regulation may be modified and/or adjusted based on the operational needs of the institution according to efficiency and rationalization criteria, following the same procedure for its approval. The modification proposal must include technical justification and legal support indicating that it is not in violation of any existing regulation.

Article 19.-

Without prejudice to the power of the SEDESPA Secretary to make proposals for internal organization of the institution, the following shall be considered grounds for modification of the present regulation:

  • a)

    The creation of a new entity;

  • b)

    The merger of entities;

  • c)

    Due to modification of the substantive legal framework that entails Internal Organization and Functions Regulation an impact on the organizational structure or partially or wholly modifies the functions provided for the entity;

  • d)

    To optimize or simplify the processes of the entity in order to fulfill its mission and functions with greater efficiency;

  • e)

    Due to the effects of the transfer of functions within the framework of the decentralization process.

Article 20.-

The present Regulation shall be accessible to SEDESPA personnel, in order to facilitate their understanding of the organizational structure as a whole and the functions of the parts that comprise it.

Article 21.-

The implementation of the provisions contained in the present Regulation shall be carried out gradually in accordance with the plan that is formulated for such purpose, which shall include, among other things, the formulation of general and specific organization and operations manuals.

Article 22.-

The present Agreement shall enter into force on the day of its publication in the Official Gazette "La Gaceta". Esq. FABIOLA CLAUDETT ABUDOJ MENA State Secretary for Development and Monitoring of Projects and Agreements Esq. WALKIRIA NINOSKA PICHARDO AMADOR General Secretary Delegation Agreement No. 05-SG-SEDESPA-2023 dated April 26, 2023

Notes

Loading…