Interpretation of Article 43 of the Investment Promotion and Protection Law
Congreso Nacional
- Decree: 104-2017
- Published: November 8, 2017
- Issuing body: Congreso Nacional
- Gazette: 34,486
- Category: Commercial
Summary
This decree clarifies that private sector representatives on the Board of Directors of the National Investment Council are NOT public servants and do not have jurisdiction because of their participation. It benefits private investors by establishing that they maintain independence from the State while participating in investment decisions.
Considerations
Whereas Article 328 of the Constitution of the Republic establishes that the Economic System of Honduras is founded on principles of efficiency in the production of social justice, in the distribution of wealth and national income and harmonious coexistence of the factors of production that make possible the dignification of work, as the principal source of wealth and as a means of realization of the human person.
Whereas to guarantee the promotion and protection of investments, Decree No. 51-2011 dated May 3, 2011 was approved, which contains the Law for the Promotion and Protection of Investments, published in the Official Journal "La Gaceta" No. 32,568 dated July 15, 2011, which has as its purpose to promote the entry and development of private investment, both national and foreign, to promote economic development and generate sources of employment in the country.
Whereas in accordance with Article 205 Attribution 1) of the Constitution of the Republic, it is the responsibility of the National Congress to: create, decree, interpret, reform and repeal laws.
Whereas it is the responsibility of the State to promote the conditions for the integral and strategic development of important zones of the country.
Whereas the tourism activity constitutes one of the investment items in public infrastructure works necessary to promote integral economic development.
Whereas the essential economic activity of the Minor Port of Cedeño of the municipality of Marcovia has been fishing and tourism activity, however it has not been possible to consolidate for fishing a comprehensive plan to promote said activities on a permanent, growing basis and with greater welfare returns for the population.
Whereas it is of extreme importance that a comprehensive economic development plan be established for the Minor Port of Cedeño of the municipality of Marcovia, under permanent conditions and greater profitability.
Whereas in accordance with Article 205 Attribution 1) of the Constitution of the Republic it is the power of the National Congress to: create, decree, interpret, reform and repeal laws.
Articles
To interpret Article 43 of Decree No. 51-2011 dated May 3, 2011, which contains the LAW FOR THE PROMOTION AND PROTECTION OF INVESTMENTS, published in the Official Journal "La Gaceta" No. 32,568 dated July 15, 2011 and reformed by Decree No. 284-2013 dated January 8, 2014 which contains the LAW FOR THE GENERATION OF EMPLOYMENT, PROMOTION OF BUSINESS INITIATIVE, FORMALIZATION OF BUSINESSES AND PROTECTION OF THE RIGHTS OF INVESTORS, published in the Official Journal "La Gaceta" No. 33,445 dated June 5, 2014, which shall be understood in the following manner: "For the purposes of this Law, it is understood that none of the representatives of the Private Sector before the Board of Directors of the National Council of Investments has attached jurisdiction or is considered a public official, by virtue of being part of the same."
This Decree shall enter into force as of the day of its publication in the Official Journal "La Gaceta". Given in the city of Choluteca, department of Choluteca, at the Convention Center of Hotel Jicabal, on the twenty-seventh day of the month of September of two thousand seventeen. ANTONIO CÉSAR RIVERA CALLEJAS PRESIDENT MARIO ALONSO PÉREZ LÓPEZ SECRETARY JOSÉ TOMÁS ZAMBRANO MOLINA SECRETARY Therefore: Let it be published. Legislative Branch DECREE NO. 117-2017 THE NATIONAL CONGRESS, WHEREAS: It is the competence of the State to promote conditions for the integral and strategic development of important zones of the country. WHEREAS: Tourism activity constitutes one of the areas of investment in public works of infrastructure necessary to promote integral economic development. WHEREAS: The essential economic activity of the Minor Port of Cedeño of the municipality of Marcovia has been fishing and tourism activity; however, a comprehensive plan for fishing has not been achieved to promote these activities in a permanent, growing manner and with greater welfare returns for the population. WHEREAS: It is of extreme importance that a comprehensive economic development plan for the Minor Port of Cedeño of the municipality of Marcovia be established, under permanent conditions and greater profitability. WHEREAS: In accordance with Article 205, Attribution 1) of the Constitution of the Republic, it is the power of the National Congress to: create, decree, interpret, reform, and repeal laws.
Related laws
- Regulations of the Law for the Defense and Promotion of Competition — This regulation establishes the rules for implementing Honduras's Competition Defense and Promotion Law. It defines the Commission's functions to investigate anticompetitive practices, review business mergers, impose corrective measures, and monitor markets. It affects all companies, businesses, and people participating in economic activities. (Decree 357-2005, 2005)
- Decreto Legislativo — Ley de Presupuesto General de Ingresos y Egresos del Estado para el Ejercicio Fiscal 2026
- Decreto Legislativo — Ley de Presupuesto General de Ingresos y Egresos de la República para el Ejercicio Fiscal del Año 2026
- Income Tax Law 12-04-2004 _2_ — This law establishes an annual income tax that taxes all income of individuals and businesses in Honduras, whether from work, capital, or business activities. It affects residents and non-residents who earn income within the country, with rates varying based on income type and whether the taxpayer is a natural or legal person. The purpose is for the state to collect revenue based on each taxpayer's economic capacity. (Decree 01-2004, 2004)
- Decreto Legislativo No. 37-2026 — Presupuesto General de Ingresos y Egresos de la República para el Ejercicio Fiscal 2026 — This legislative decree approves Honduras' budget for 2026 and includes rules governing how the government spends money, modifies public employee structures, supervises projects, transfers resources to municipalities, and controls debt. It affects all public institutions, municipalities, and citizens who depend on state services. (Decree 37-2026, 2026)