Decree 24-2012 Interpreting Article 36 of the Law Promoting Public-Private Partnerships
Congreso Nacional
- Decree: 24-2012
- Published: April 27, 2012
- Issuing body: Congreso Nacional
- Gazette: 32,896
- Category: Commercial
Summary
This decree allows COALIANZA (the public-private partnership commission) to directly select and contract professional services, feasibility studies, and project design without following public bidding processes. It also authorizes COALIANZA to charge fees for evaluating private investment projects. It benefits companies seeking partnerships with the State on large infrastructure projects.
Considerations
Whereas it is of high priority for the State of Honduras to foster conditions that permit the effective implementation and development of investment processes in projects of a public nature, which guarantee the enjoyment of better public services and infrastructure for the Honduran population and the commerce and transport of goods and merchandise. SECRETARIAT OF STATE IN THE OFFICES OF INTERIOR AND POPULATION Agreements Nos. 028/2011, GOD-097-2011 and GOD-098-2011. PROGRESS
Whereas the State of Honduras through the Plan of the Nation has prioritized massive employment growth as the central axis of the country's comprehensive development, for which the execution of projects under the public-private participation scheme is an appropriate vehicle, as well as the promotion of major investments through the development of megaprojects. Section B Legal Affairs
Whereas the National Congress of Honduras in application of the Constitution of the Republic assumes among its inherent obligations of a general character the obligation to the people, a level of well-being in accordance with their expectations of a dignified, safe, and productive life that improves in each generation and for which it is imperative to establish in the present to build the well-being of the future.
Whereas in accordance with Article 205 attribution 1) of the Constitution of the Republic it is incumbent upon the National Congress to create, decree, interpret, reform, and repeal laws.
Articles
Interpret Article 36 of the LAW FOR THE PROMOTION OF PUBLIC-PRIVATE PARTNERSHIP, contained in Decree No. 143-2010 dated August 11, 2010, in the sense that it shall be within the discretion of the Commission for the Promotion of Public-Private Partnership (COALIANZA) to carry out selection and contract adjudication processes referred to: hiring of professional services, the preparation of pre-investment, investment, pre-feasibility and feasibility studies, design and formulation of projects, research and training; technical opinions or assessments referred to Public-Private Partnership; the holding of didactic activities for the administration of the funds of the Commission for the Promotion of Public-Private Partnership (COALIANZA) and/or the trusts contemplated in the fifth paragraph of Article 49 of the Law for the Protection and Promotion of Investments, contained in Decree No. 51-2011 dated May 3, 2011; and such other matters as may be necessary in the processes of viability, prioritization, formulation and adjudication of Public-Private Partnership.
Authorizes the Commission for the Promotion of Public-Private Partnership (COALIANZA) to collect fees for the evaluation of applications for Public-Private Partnership by private initiative and for projects to be submitted to the accelerated investment procedure established in Article 40 of the Law for the Promotion and Protection of Investments. The amounts of such charges shall be deposited in the Single Treasury and subsequently the Secretariat of State in the Office of Finance shall make the corresponding distribution.
TRANSITIONAL RULES: While the National Investment Commission is being created, the qualification of an investment as a megaproject may be transferred directly by the Commission for the Promotion of Public-Private Partnership (COALIANZA), or the Technical Secretariat of Planning and External Cooperation (SEPLAN) to the President of the Republic in Cabinet Council.
This Decree shall enter into force as of the day of its publication in the Official Newspaper "La Gaceta". Given in the city of Tegucigalpa, municipality of the Central District, in the Session Hall of the National Congress, on the twenty-first day of the month of March of two thousand twelve. JUAN ORLANDO HERNÁNDEZ ALVARADO PRESIDENT RIGOBERTO CHIANG CASTILLO SECRETARY GLADIS AURORA LÓPEZ CALDERÓN SECRETARIAT To the Executive Branch Therefore: Execute Tegucigalpa, M.D.C., April 13, 2012 PORFIRIO LOBO SOSA PRESIDENT OF THE REPUBLIC THE SECRETARY OF STATE IN THE OFFICE OF FINANCE HÉCTOR GUILLÉN OFFICE OF PRESIDENTIAL PRESS LIC. MARTHA ALICIA GARCÍA Director JORGE ALBERTO MURILLO Coordinator / Drafter PUBLISHING COMPANY OF CRAFTS E.H.A. General Management Printing: 04/12/2012 P.O. Box: 2703-2508 Fax: 2238-6017 GOVERNMENT CIVIC CENTER
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