Ministerial Agreement 039-SEDESOL-2022
Poder Ejecutivo
- Decree: 480-2022
- Published: October 28, 2022
- Issuing body: Poder Ejecutivo
- Gazette: 36,062
- Category: Financial & Tax
- Type: Other
Summary
This agreement creates the Operating Manual for distributing cash payments (bonuses) to vulnerable people in Honduras through the Solidarity Action Program (PROASOL). It establishes who can receive the bonuses (poor children, people with disabilities, elderly adults, returned migrants, and other vulnerable groups), what requirements they must meet, how much money they will receive (between 2,000 and 5,000 lempiras annually), and how they will be distributed through state banks transparently.
Considerations
Whereas Article 1 of the Constitution of the Republic establishes that Honduras is a State of Law, Sovereign, constituted as a free, democratic and independent Republic to ensure to its inhabitants the enjoyment of justice, freedom, culture and economic and social welfare.
Whereas the Constitution of the Republic in its Article 59 establishes that the human person is the supreme end of society and the State, in that sense the necessary dispositions must be issued and actions executed to protect it and protect its property.
Whereas the Constitution of the Republic in its Article 245 numeral 2, establishes that it is an attribution of the President of the Republic to direct the general policy of the State and represent it.
Whereas according to Article 247 of the Constitution of the Republic, the Secretaries of State are collaborators of the President of the Republic in the direction, coordination, management and supervision of the organs and entities of the national public administration, in the area of their competence.
Whereas the State of Honduras is a signatory state of international instruments such as: The International Convention on the Rights of Persons with Disabilities, which entered into force on May 3, 2008, the Inter-American Convention on the Protection of the Human Rights of Older Persons, which was approved on June 15, 2015, as well as the Universal Declaration of Human Rights which covers the protection of other vulnerable groups established in Honduras's public policies, instruments that are part of the legal bases of the country's social protection public policies.
Whereas in accordance with Article 36 of the General Law of Public Administration, the attributions and common duties of the Secretaries of State are: 1...2…3…4…5…6…7…8. To issue the agreements and resolutions on matters of their competence and those delegated to them by the President of the Republic.
Whereas by Executive Decree Number PCM-005-2022 in its Article 11 the Secretariat of State in the Office of Social Development is created, to establish the social policies of a solidary, inclusive and violence-free Honduras.
Whereas by Executive Decree Number PCM-005-2022 in its Article 21, numeral 13, the Better Life Program is eliminated, which had within its components Monetary Transfers such as Disability Bonus and Third-Age Bonus and others.
Whereas by Article 1 of Executive Decree Number PCM-020-2022 the Solidarity Action Program PROASOL is created, as a deconcentrated entity of the Secretariat of State in the Office of Social Development, with technical, administrative and financial autonomy that has as its mandate the social care of persons found in vulnerable groups […].
Whereas Article 3, numeral 7, of Executive Decree Number PCM-020-2022, establishes as one of the functions of the Solidarity Action Program "To execute the programs and projects designated for the social care of vulnerable groups in the country, based on principles of transparency, objectivity, inclusion and efficiency".
Whereas following the creation of the Secretariat of State in the Office of Social Development (SEDESOL) it is necessary to approve new manuals and documents intended to operationalize the work of SEDESOL and those executing entities attached to the Secretariat of Social Development, within the framework of current legal order.
Whereas by Executive Decree Number PCM-019-2022 the attributions of the Secretariat of State in the Office of Social Development (SEDESOL) are developed; in its Article 10 it establishes that SEDESOL will issue the necessary standards for the functioning of its dependencies and internal organs.
Whereas section a) of Article 1 of Executive Decree Number PCM-019-2022 establishes SEDESOL as the governing entity of Public Policies for Development and Social Protection; m) of said legal body establishes that among its functions is the design and approval of public policies, plans, strategies, programs and projects in matters of development and social protection of social policies and programs and projects that derive from them and that guarantee the effective implementation of this Law.
Whereas in accordance with Article 7 of Executive Decree Number PCM-020-2022, for the efficient and effective development of the entity, PROASOL may contain in its programs and projects, in accordance with the design provided in its axes, the following lines of action: 1. Legal Assistance 2. Recreation and Culture 3. Monetary Transfers 4. Awareness Campaigns 5. Non-Monetary Transfers 6. Complementary Education Courses 7. Digital Innovation 8. Entrepreneurship 9. Training Workshops 10. Complementary Primary Medical Assistance 11. Food and Shelters
Articles
OBJECTIVE OF THE MANUAL: The Operational Manual for Monetary Transfers (Bonuses) has as its objective to define the conceptual design and the provisions that regulate the operational activities and that govern the execution of bonuses within the framework of the Solidarity Action Program (PROASOL). In the preparation of this manual, the principal processes defined by the Technical Team of PROASOL are established, which could be modified through an administrative resolution approved by the Executive Directorate, when the operational needs of PROASOL justify such modification.
The present Manual contemplates the aspects of design and operability of the MT (bonuses), which may be transversal to the axes of PROASOL: "Social Assistance", "Human Strengthening", "Educational Strengthening", "Complementary Health".
The Operational Manual establishes the principal criteria, guidelines and general procedures for the delivery of Monetary Transfers, in compliance with what is stipulated in Article No. 2 of Executive Decree No. PMC 20-2022 and what is indicated in the Contracts, Loan Agreements and Financing Agreements executed with national funds and with external organisms to finance the MT. The guidelines of this Manual may be modified when operational needs require it and/or periodically; or whenever the Executive Directorate of the Solidarity Action Program (PROASOL) deems it appropriate with the objective of keeping it updated.
Operational Guidelines: Definition, Characteristics and Structure of the MT (BONUSES) contemplates the delivery of benefits to persons identified in the vulnerable groups receiving assistance from PROASOL. The delivery of these Bonuses relates principally to the action axes of PROASOL. Likewise, the Executive Directorate of PROASOL, in coordination with SEDESOL, may execute agreements with public and private organizations, according to the needs required to serve vulnerable groups, managing planning in these agreements for the beneficiary population, taking into account eligibility criteria and the procedures for delivery and accreditation, in compliance with the design provided in its axes.
Objective of the Monetary Transfers of the Solidarity Action Program. The monetary transfers contribute to alleviating the situation of families with members identified in the vulnerable groups receiving assistance from PROASOL.
Coverage of Services. The monetary transfers of the Solidarity Action Program PROASOL have national coverage, directed to serve persons found in situations of vulnerability identified by social information systems and the technical tools of the State available for this purpose. In accordance with PCM-20-2022, the following are established as intervention groups of PROASOL: a) Vulnerable children of school age b) Persons in condition of destitution living in the street c) Migrants forcibly returned d) Persons with disabilities e) Vulnerable elderly persons f) Displaced persons and those affected by disasters, natural risks and/or pandemics, epidemics, etc.; g) Persons with addiction to any type of drug h) Persons discriminated against and/or without access to medical care for having chronic or contagious diseases i) Displaced persons or victims of crimes resulting from violence, persons discriminated against for belonging to the LGBTIQ+ community j) Persons belonging to indigenous, native or Afro-descendant peoples k) Human Rights Defenders l) Other persons and groups designated by the Public Policy of Social Protection of the country.
Criteria for Selection and/or Registration: Given the characteristics of these Monetary Transfers (Bonuses) as a measure of assistance and because they involve persons with vulnerability requiring immediate attention, registration for targeting shall be made on demand through a database specific to the Solidarity Action Program PROASOL or as provided by the Social Development Observatory of SEDESOL, which will permit the identification of variables for beneficiary eligibility.
On Eligibility to be Beneficiaries of Bonuses. For a person to be a participant in the benefits of monetary transfers of PROASOL, in addition to being in one of the conditions of social risk and vulnerability established in Executive Decree No. PCM 20-2022 and in line with the Policy of Social Protection and other Policies defined by SEDESOL, they must comply with the requirements set forth below: Type of Vulnerable Population Requirements Vulnerable children of school age a) Be under 15 years of age. b) Not be a beneficiary of any pension regime. c) Be registered in the PROASOL Baseline. d) Be enrolled in an institution of basic education, in first cycle (1st, 2nd and 3rd grade), second cycle (4th, 5th and 6th grade). e) Belong to a household identified as living in poverty or extreme poverty Persons in condition of destitution living in the street a) Be persons who cannot satisfy their basic needs, that is, who are located below the poverty line. b) Live regularly and customarily in the street and have no housing c) Be registered in the PROASOL Baseline. Migrants forcibly returned a) Be a child or adult returned by air from the United States and Mexico. b) Be registered in the PROASOL Baseline. c) Not have economic and/or physical means to reintegrate into economic and social activity Persons with disabilities a) Certify or evidence physical disability through photography to verify the disability. b) Persons with total blindness. c) Persons with total immobility. d) Persons lacking one limb of their upper or lower extremities (arm or leg) e) Persons with Autism Spectrum Syndrome. f) Persons with Down Syndrome. g) Persons with Chronic Kidney Disease requiring continuous dialysis treatment. h) In cases of psychosocial disability, attach a medical note signed and sealed by a physician. i) Present an updated National Identification Document (DNI), in the case of persons over 18 years old. j) Present Certification of a legible Birth Certificate in the case of minors. k) Be registered in the PROASOL Baseline. l) That the participant, in case of being a minor or having any physical or psychological condition that prevents them from directly withdrawing the benefit, be represented by a guardian, over 18 years old and who possesses an updated DNI. Vulnerable elderly persons a) Adults who are not beneficiaries of any assistance or benefit b) Be registered in the PROASOL Baseline. c) Have a weakened personal or family situation or environment without access to housing, sustenance, goods, or property Displaced persons and those affected by disasters, natural risks and/or pandemics, epidemics, etc. a) Children or adults who are not beneficiaries of any assistance or benefit b) Be registered in the PROASOL Baseline. c) Have as regular housing or a site affected by disasters, natural risks and/or pandemics, epidemics Persons with addiction to any type of drug a) Children or adults who are not beneficiaries of any assistance or benefit b) Have evidence from known persons regarding their condition of addiction to any type of drug in the last 6 months c) Be registered in the PROASOL Baseline. Persons discriminated against and/or without access to medical care for suffering from chronic or contagious diseases a) Children or adults who are not beneficiaries of any assistance or benefit b) Have evidence of a certificate from the Ministry of Health certifying their condition c) Be registered in the PROASOL Baseline. Displaced persons or victims of crimes resulting from violence, persons discriminated against for belonging to the LGBTIQ+ community a) Adults who are not beneficiaries of any assistance or benefit b) Have evidence of being displaced or a victim resulting from violence, persons discriminated against for belonging to the LGBTIQ+ community c) Be registered in the PROASOL Baseline. Persons belonging to indigenous, native or Afro-descendant peoples a) Adults or children b) Not be a beneficiary of any pension regime. c) Be registered in the PROASOL Baseline. d) Belong to indigenous, native or Afro-descendant peoples and comply with any of the vulnerability conditions. Human Rights Defenders a) Adult with identity document b) Evidence their condition as a human rights defender certified by the State Secretariat in the Offices of Human Rights. c) Not be a beneficiary of any pension regime. d) Be registered in the PROASOL Baseline. Other persons and groups designated by the Public Policy of Social Protection of the country For the Rosa Bonus:
- a)
Medical diagnosis certifying that the person suffers from breast cancer.
- b)
Identity card.
- c)
Be on the lists of SESAL or Ciudad Mujer. It is to be noted that minors shall be beneficiaries of monetary transfers through their parents or guardians.
BENEFICIARY REGISTRATION DATABASE. To establish the persons who will form part of the universe of beneficiaries to be served, PROASOL shall have its own database with the information of persons registered in accordance with what is established in the section on Targeting and Registration. For persons to be enabled to receive the bonuses defined by the community LGBTIQ+ Persons belonging to indigenous, native or Afro-descendant peoples a) Adults or children b) Not be a beneficiary of any pension regime. c) Be registered in the PROASOL Baseline. d) Belong to indigenous, native or Afro-descendant peoples and comply with any of the vulnerability conditions. Human Rights Defenders a) Adult with identity document b) Evidence their condition as a human rights defender certified by the State Secretariat in the Offices of Human Rights. c) Not be a beneficiary of any pension regime. d) Be registered in the PROASOL Baseline. Other persons and groups designated by the Public Policy of Social Protection of the country For the Rosa Bonus:
- a)
Medical diagnosis certifying that the person suffers from breast cancer.
- b)
Identity card.
- c)
Be on the lists of SESAL or Ciudad Mujer. It is to be noted that minors shall be beneficiaries of monetary transfers through their parents or guardians.
BENEFICIARY REGISTRATION DATABASE. To establish the persons who will form part of the universe of beneficiaries to be served, PROASOL shall have its own database with the information of persons registered in accordance with what is established in the section on Targeting and Registration. For persons to be enabled to receive the bonuses defined by the present Manual, it is necessary that the persons be duly registered in this database, denominated "Beneficiary Registration Database", considering the first group of persons to be contemplated, as well as those registered in subsequent processes, based on requests received and the proper application of eligibility criteria.
At the moment of registration by means of the respective form, in addition to identification data, persons must present their updated National Identification Document (DNI), in the case of persons over 18 years old, or a legible Birth Certificate Certification in the case of minors.
Type and Forms of Delivery of Bonuses: The description and condition of Monetary Transfers shall be defined by type of vulnerability condition, its amount and delivery criteria may be defined through a resolution by the Executive Directorate of PROASOL, in coordination with SEDESOL. Condition Monetary Transfer (Bonus) Persons with disabilities Esperanza Bonus/Disability Condition. It is a monetary transfer that the Government of the Republic delivers It is to be noted that minors shall be beneficiaries of monetary transfers through their parents or guardians.
BENEFICIARY REGISTRATION DATABASE. To establish the persons who will form part of the universe of beneficiaries to be served, PROASOL shall have its own database with the information of persons registered in accordance with what is established in the section on Targeting and Registration. For persons to be enabled to receive the bonuses defined by the present Manual, it is necessary that the persons be duly registered in this database, denominated "Beneficiary Registration Database", considering the first group of persons to be contemplated, as well as those registered in subsequent processes, based on requests received and the proper application of eligibility criteria.
At the moment of registration by means of the respective form, in addition to identification data, persons must present their updated National Identification Document (DNI), in the case of persons over 18 years old, or a legible Birth Certificate Certification in the case of minors.
Type and Forms of Delivery of Bonuses: The description and condition of Monetary Transfers shall be defined by type of vulnerability condition, its amount and delivery criteria may be defined through a resolution by the Executive Directorate of PROASOL, in coordination with SEDESOL. It is to be noted that minors shall be beneficiaries of monetary transfers through their parents or guardians.
BENEFICIARY REGISTRY BASE. To establish the persons who will be part of the universe of beneficiaries to be served, PROASOL will have its own database with the information of registered persons in accordance with what is established in the Targeting and Registration section. In order to be enabled for the bonuses defined by this Manual, it is necessary that the persons be duly registered in this database, called "Beneficiary Registry Base", considering the first group of persons to be contemplated, as well as those registered in subsequent processes, based on requests received and the proper application of eligibility criteria.
At the time of registration by means of the respective form, in addition to identification data, persons must present their updated National Identification Document (DNI), in the case of persons over 18 years of age, or a readable Birth Certificate Certification in the case of minors.
Type and Forms of Bonus Delivery: The description and condition of Monetary Transfers will be defined by type of vulnerability condition, its amount and delivery criteria may be defined by resolution by the Executive Director of PROASOL, in coordination with SEDESOL. Condition Monetary Transfer (Bonus) Persons with Disabilities Hope Bonus / Disability Condition. It is a monetary transfer that the Government of the Republic delivers. In this sense, the Pink Bonus is proposed so that persons with cancer can bear a diagnosis and treatment. Condition Monetary Transfer (Bonus) to persons who unintentionally suffer from some physical and/or psychosocial deficiency which becomes an assistance action for those in this condition. Vulnerable Elderly Adults Gold Bonus. It is a monetary transfer that the Government of the Republic delivers as social compensation to persons who have reached the elderly category for their effort and contribution to the country's development during their economically active period. Persons Discriminated and/or Without Access to Medical Care Due to Chronic or Contagious Diseases Pink Bonus: It is a Monetary Transfer that the Government of the Republic delivers to persons who suffer the effects of cancer in any of its types.
Paying Financial Entity. To strengthen the system for delivery of Monetary Transfers through transparency, the same will be carried out through a financial institution providing banking services, state-run, supervised by the National Banking and Insurance Commission, which must have technological tools that allow transparency, traceability of transactions carried out, loading of the roster sent by PROASOL, for which an agreement for the provision of banking services will be executed, in which --
Paying Financial Entity. To strengthen the system for delivery of Monetary Transfers through transparency, the same will be carried out through a financial institution providing banking services, state-run, supervised by the National Banking and Insurance Commission, which must have technological tools that allow transparency, traceability of transactions carried out, loading of the roster sent by PROASOL, for which an agreement for the provision of banking services will be executed, in which the guidelines for payment must be established through a service that allows reaching beneficiaries in an expedited manner and considering the needs of PROASOL, such as the loading of rosters, security specifications and the proper documentary support.
General Procedure: For effective delivery, the following general procedure is contemplated, which must be established by means of the signing of an interinstitutional agreement between the executor PROASOL and the Paying Financial Entity:
- •
Validation of compliance with the eligibility conditions of each Bonus in particular
- •
Programming of deliveries
- •
Generation of the Database and sending to the Bank
- •
Payment to beneficiaries
- •
Validation of transfers carried out.
- •
Settlement.
Rosters and Bonus Delivery: For the enabling and delivery of the Bonus for Elderly Adults, Persons with Disabilities and other modalities of Bonuses, PROASOL will carry out the selection and identification processes (generation of rosters) of the participants who are duly registered in the beneficiary registry database of the Solidarity Action Program PROASOL and who effectively meet the eligibility criteria necessary to receive their respective bonus. Additionally, the Executive Director of PROASOL, in consensus with the competent authority of the service-providing institution, will approve and validate the corresponding roster for delivery.
The failure to update the information will not be grounds for suspension of Bonus delivery, in which case the most recent available information will be used in accordance with the consensus between both parties.
Amount of Transfers. The amounts of transfers will be determined by the competent authorities and duly agreed upon, considering the principles of inclusion, self-determination and recognition of the need to promote and protect the human rights of persons, elderly adults and persons with disabilities, including those who need greater support, as well as the principles of optimization of public resources, improvement of services to citizens, in order to guarantee the fair, sustained and transparent allocation of public resources. The values and frequency for the Bonuses initially established are:
protect the human rights of persons, elderly adults and persons with disabilities, including those who need greater support, as well as the principles of optimization of public resources, improvement of services to citizens, in order to guarantee the fair, sustained and transparent allocation of public resources. The values and frequency for the Bonuses initially established are: Bonus (Monetary Transfer) Amount Frequency Gold Bonus 2,000 lempiras Once per year Hope Bonus in all its modalities 2,000 lempiras Once per year Pink Bonus 5,000 lempiras Once per year
Adjustment of Bonus Amount. Based on demand for bonuses and the availability of budgetary resources, the Executive Director of the Solidarity Action Program (PROASOL) may adjust the value and frequency of bonuses according to studies and analysis of financial availability and other pertinent matters, by means of a resolution in coordination with SEDESOL.
Settlement and Payment Documentation. All bonus deliveries made by PROASOL through the Paying Financial Entities will have the proper documentary support, previously defined between both parties by means of an interinstitutional agreement and under the regulations related to banking and financial entities.
The Instruments That Constitute Payment Documentation. Will be generated by the Paying Financial Entity and will include documentation at the individual level, for each cash transfer (bonus delivery) made to the participant, as well as general execution reports. In this sense, the Paying Financial Entity must present to PROASOL the settlement of Monetary Transfers of what was paid and not paid based on PROASOL's needs, which will contain at least information with the quantities of MT delivered with their breakdowns at the territorial level (department, municipality and village).
The delivery of the Settlement will be carried out through official mechanisms and will contain at least the place and date of communication, person authorized to carry out the administrative proceeding, summary of operations carried out for Monetary Transfers (bonuses) at the national level, number of official communication, detail by beneficiary, amount and programmed-executed and non-executed investment, type of bonus and banking commission. The settlements presented by "the paying financial entity" must be in accordance with the guidelines issued by PROASOL, to guarantee the support and preservation of the closing process of each payment period. In this way, the Paying Financial Entity, through reports and settlements
Adjustment of Bonus Amount. Based on demand for bonuses and the availability of budgetary resources, the Executive Director of the Solidarity Action Program (PROASOL) may adjust the value and frequency of bonuses according to studies and analysis of financial availability and other pertinent matters, by means of a resolution in coordination with SEDESOL.
Settlement and Payment Documentation. All bonus deliveries made by PROASOL through the Paying Financial Entities will have the proper documentary support, previously defined between both parties by means of an interinstitutional agreement and under the regulations related to banking and financial entities.
The Vouchers that Constitute Payment Documentation. These shall be generated by the Paying Financial Entity and shall include documentation at the individual level for each cash transfer (bonus delivery) made to the participant, as well as general execution reports. In this sense, the Paying Financial Entity shall present to PROASOL the settlement of Monetary Transfers for what was paid and not paid based on PROASOL's needs, which shall contain at least the information with the quantities of TM delivered with their breakdowns at the territorial level (department, municipality, and village).
The delivery of the Settlement shall be carried out through official mechanisms and shall contain at least the place and date of the communication, the person authorized to carry out the administrative procedure, a summary of the operations carried out for the Monetary Transfers (bonuses) at the national level, the office communication number, detail by beneficiary, amount and budgeted-executed and unexecuted investment, type of bonus and banking commission. The settlements presented by "the paying financial entity" shall be in accordance with the guidelines issued by PROASOL to guarantee the support and preservation of the closing process of each payment period. In this manner, the Paying Financial Entity, through the reports and settlements delivered, certifies the executed TM, being defined as the entity responsible for electronic and/or physical documentary vouchers, providing the necessary openness to be subjected to the verification, supervision, audit, and/or accountability processes that apply.
Supervision and Monitoring. In order to maintain proper transparency in the process, supervision and monitoring of the benefits delivered shall be carried out periodically between both parties in accordance with the established procedures.
The Programa de Acción Solidaria is instructed so that, through the Executive Directorate, it shall proceed with the implementation and application of the Operational Manual of Guidelines of the Programa de Acción Solidaria (PROASOL) for the Delivery of Monetary Transfers (Bonus) to Vulnerable Sectors of the Country, proposed by the Secretariat of Social Development to carry out the delivery of transfers to the different groups in situations of vulnerability, complying with the requirements and procedures described in this Ministerial Agreement creating the OPERATIONAL MANUAL OF GUIDELINES OF THE PROGRAMA DE ACCIÓN SOLIDARIA (PROASOL) FOR THE DELIVERY OF MONETARY TRANSFERS (BONUSES) TO VULNERABLE SECTORS OF THE COUNTRY. SECOND. This Ministerial Agreement containing the creation of the OPERATIONAL MANUAL OF GUIDELINES OF THE PROGRAMA DE ACCIÓN SOLIDARIA (PROASOL) FOR THE DELIVERY OF MONETARY TRANSFERS (BONUSES) TO VULNERABLE SECTORS OF THE COUNTRY shall have as its scope and shall be mandatory compliance for the personnel of the Programa de Acción Solidaria PROASOL, it is subject to compliance with the General Law of Public Administration and the functions determined by Executive Decree PCM 20-2022, which creates PROASOL, shall enter into force as of its signature and shall be published in the Official Gazette La Gaceta. Given in the City of Tegucigalpa, municipality of the Central District on the twenty-eighth (28) day of the month of October of the year two thousand twenty-two (2022). LET IT BE COMMUNICATED AND PUBLISHED. LIC. JOSÉ CARLOS CARDONA ERAZO Secretary of State in the Department of Social Development ABG. ROGER EMILIO MEDINA ORELLANA General Secretary
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