Law for the Comprehensive Development of the Department of Valle

OBJECT. The purpose of this Law is to create the legal framework governing the creation and operation of a Territorial Planning Regime for the Department of Valle. The purpose of the Special Territorial Regime is to promote the comprehensive and efficient development of the Department of Valle, taking action so that the activities of public administration and those developed by society in the Department of Valle are carried out in an orderly, rational, sustainable manner and taking into account the territorial condition.

SCOPE. The provisions of this Law are of public order and strict compliance.

LEGAL LINKAGE. The formulation of the Special Territorial Regime shall be carried out in accordance with the provisions of the Territorial Planning Law and as determined in the investment plans, operative plans, and subordinate budgets. The respective sectorial and administrative regulations shall be applied to this Ordering Regime, as well as the provisions of international treaties in force in accordance with law. CHAPTER II ORGANIC FRAMEWORK AND COMPETENCIES

RESPONSIBLE ENTITY. The Development Commission of the Department of Valle (CODEVA) is hereby created as a functionally and geographically deconcentrated entity, responsible for achieving the purpose of this Law. It shall operate under the jurisdiction of the State Department in the Office of Finance; notwithstanding this jurisdiction, the Development Commission of the Department of Valle (CODEVA) shall exercise its attributions with its own administrative, technical, and financial criteria. It shall have its headquarters in the city of Nacaome, Department of Valle.

COMPOSITION. The Development Commission of the Department of Valle (CODEVA) is composed of:

• 1)

  The Head of the State Department in the Office of Finance, who shall act as President and chair it;

• 2)

  The Head of the State Department in the Office of Natural Resources and Environment;

• 3)

  The Head of the State Department in the Office of Agriculture and Livestock;

• 4)

  The Head of the State Department in the Office of Tourism;

• 5)

  The Head of the State Department in the Office of Industry and Commerce;

• 6)

  The Political Governor of the Department of Valle;

• 7)

  The Mayors of the Municipalities of the Department of Valle;

• 8)

  A principal representative and their respective alternate designated by the Chamber of Commerce and Industries of the Chapter of the Department of Valle;

• 9)

  A principal representative and their respective alternate designated by the Tourism Chamber, Chapter of the Department of Valle;

• 10)

  A principal representative and their substitute designated by the Basin Councils constituted and recognized in the Department of Valle; and,

• 11)

  A principal representative and their substitute designated by the patronatos constituted and recognized by each of the Municipalities of the Department of Valle. In case of absence or impediment of a Head, they shall be replaced by their legal substitute. The President of the Development Commission of the Department of Valle (CODEVA) is its legal representative.

FUNCTIONS AND ATTRIBUTIONS. The Development Commission of the Department of Valle (CODEVA) shall have the following functions and attributions:

• 1)

  To formulate development planning, concerting and articulating the activities, policies, and development strategies that shall be applied coordinately by the public and private sectors of the Department;

• 2)

  To formulate the planning instruments and the special ordering regime in accordance with the guidelines set forth in Chapter III Administrative Provisions of the Ordering Regime of this Law, ensuring their incorporation into operative plans, investment plans, and budgetary allocations of the municipalities and entities of the Central Government;

• 3)

  To monitor compliance with the planning agreed upon in each of the public administrative entities involved in the special ordering regime. To prepare quarterly reports that shall be sent to the State Department in the Office of Finance, on the execution of activities, make observations and issue recommendations, request the intervention of state or municipal bodies and entities to resolve situations in a timely and prompt manner;

• 4)

  To formulate preliminary drafts of laws and municipal ordinances, approve internal regulations, adopt the resolutions necessary for the fulfillment of its purpose. Approve the subscription of cooperation agreements with public or private institutions to ensure the achievement of the objectives of the special ordering regime;

• 5)

  To execute annually its budget in accordance with the Organic Budget Law and the General Provisions of the Budget for the corresponding year;

• 6)

  To promote sustainable tourism in particular activities that are carried out in the VALLE FREE TOURISM ZONE;

• 7)

  To propose to the Head of the Executive Branch the appointment of the Executive Director by submitting a slate of three candidates for this purpose;

• 8)

  The proposal of subordinate personnel must be formulated by the Executive Director and shall have the authorization of the President of the Commission, who is the Head of the State Department in the Office of Finance. As to the appointment of the Internal Auditor, they must be appointed by the Development Commission of the Department of Valle (CODEVA);

• 9)

  To approve the administrative and functional organization submitted for its consideration by the Executive Director;

• 10)

  To approve the contracts necessary for the operation of the Development Commission of the Department of Valle (CODEVA), as well as financial agreements, administration agreements, execution of works agreements and others permitted by law, accept and establish trusts;

• 11)

  To approve the Annual Operative Plan and the Investment Plan of the Development Commission of the Department of Valle (CODEVA);

• 12)

  To ensure the timely collection of special transfers and budgetary resources that are legally approved for the Development Commission of the Department of Valle (CODEVA);

• 13)

  To manage the Patrimony of the Development Commission of the Department of Valle (CODEVA). To manage resources for investments; supervise the execution of projects financed with resources managed by the Development Commission of the Department of Valle (CODEVA);

• 14)

  To notify the General Prosecutor's Office of the Republic, the Superior Court of Accounts, the Public Ministry, of any situation that harms the interests of the Development Commission of the Department of Valle (CODEVA) and the State;

• 15)

  To establish and collect rates for tourist services within the tourist spaces it administers. To construct and operate tourist structures and facilities;

• 16)

  To impose fines and sanctions in accordance with what this Law establishes;

• 17)

  To open offices and agencies; and,

• 18)

  Other related and necessary functions to achieve the objectives of this Law.

DECISIONS. The Development Commission of the Department of Valle (CODEVA) as a collegial body shall make its decisions by simple majority vote of its members present; in case of a tie, it shall be decided by the casting vote of the President.

SESSIONS. The Development Commission of the Department of Valle (CODEVA) shall hold ordinary sessions every four (4) months and extraordinary sessions when requested by its President or by at least half of its members. The quorum is formed by more than half of its members. The notice of ordinary sessions shall be sent by the Secretary of the Development Commission of the Department of Valle (CODEVA) with at least ten (10) days in advance and must be accompanied by the agenda and supporting documents.

THE EXECUTIVE DIRECTOR. To be appointed Executive Director of the Development Commission of the Department of Valle (CODEVA), the following is required:

• 1)

  To be Honduran;

• 2)

  To be a university professional;

• 3)

  To have a minimum of five (5) years of experience in development management; and,

• 4)

  To be in the enjoyment of their citizen rights. The Executive Director shall be appointed by the President of the Republic upon proposal of the Development Commission of the Department of Valle (CODEVA) for a period of up to four (4) years. The Executive Director may only be removed for legal cause, by reasoned resolution of the Development Commission of the Department of Valle (CODEVA) and following the procedures indicated by law. The Executive Director shall serve as Secretary of the Development Commission of the Department of Valle (CODEVA).

THE INTERNAL AUDITOR. The administrative and financial functioning shall be subject to examination by the Internal Auditor appointed by the Development Commission of the Department of Valle (CODEVA), to whom it shall submit reports on a quarterly basis or when requested. It shall coordinate operations with the State Control Bodies. Upon discovering irregularities constituting a crime, they must make them known to the pertinent authorities. To be appointed Internal Auditor the following is required:

• 1)

  To be a university professional in Accounting Sciences;

• 2)

  To be in the enjoyment of their citizen rights; and,

• 3)

  To have professional experience in auditing of no less than three (3) years.

FUNCTIONS AND ATTRIBUTIONS OF THE EXECUTIVE DIRECTOR. The Executive Director of the Development Commission of the Department of Valle (CODEVA) shall have the following attributions and powers:

• 1)

  To direct and represent legally in accordance with the powers granted to them by the Development Commission of the Department of Valle (CODEVA);

• 2)

  To comply with and enforce the provisions of this Law and implement the resolutions and agreements approved by the Development Commission of the Department of Valle (CODEVA);

• 3)

  To carry out the coordination, monitoring, and articulation activities required to achieve the institutional objectives;

• 4)

  To direct the administrative units;

• 5)

  To maintain a monitoring and information system on territorial planning systems and compliance with planning;

• 6)

  To inform quarterly to the Development Commission of the Department of Valle (CODEVA) on the progress of the management of the special ordering regime; and,

• 7)

  The other powers granted to them by legal or regulatory provisions.

OPERATIVE ORGANIZATION. The Development Commission of the Department of Valle (CODEVA) shall designate a technical, scientific, financial, and legal team comprised of professionals specialized in each of the intervention areas.

PATRIMONY OF THE COMMISSION. The Patrimony of the Commission for the Development of the Department of Valle (CODEVA) shall be comprised of:

• 1)

  The assets and values transferred to it by the State;

• 2)

  The inheritances, legacies, or donations of lawful origin;

• 3)

  The trusts constituted in its favor;

• 4)

  The products resulting from the sale of services, the disposition and sale of assets and other components of the patrimony of the Development Commission of the Department of Valle (CODEVA);

• 5)

  Administrative fines;

• 6)

  Any other asset or value that the Development Commission of the Department of Valle (CODEVA) lawfully acquires in any manner; and,

• 7)

  The income derived from the payment of special transfers, from fees and tourist services in the areas it administers. CHAPTER III ADMINISTRATIVE PROVISIONS

FISCAL AND TERRITORIAL ORDERING REGIME. The most important components of the fiscal and territorial ordering regime include:

• 1)

  Industrial and Commercial Development Ordering Plan;

• 2)

  Tourist Development Ordering Plan for the Free Zones of the Department of Valle;

• 3)

  Agricultural Development Ordering Plan and the Regularization of Agricultural Land Tenure;

• 4)

  Port Infrastructure and Customs Ordering Plan;

• 5)

  Water Infrastructure Ordering Plan (irrigation systems, potable water, power generation);

• 6)

  Road Network Infrastructure Ordering Plan;

• 7)

  Social Services Infrastructure Ordering Plan (health, education, and community development);

• 8)

  Fishing and Biodiversity Use Plan for the Gulf of Fonseca; and,

• 9)

  Environmental Management Ordering Plan. The execution of the ordering shall be determined by the Development Commission of the Department of Valle (CODEVA) by means of a priority schedule and resource availability; it may also include other ordering plans as required.

DECLARATION AS NATIONAL PARK OF ISLA DEL TIGRE AND ZACATE GRANDE. The territorial extensions corresponding to Isla del Tigre, Isla de Zacate Grande, La Exposición, Gilegtiensi and the immediate territorial spaces of a tourist and environmental nature are hereby declared as a National Park. For this purpose, the territorial ordering and cadastral survey are established in which the delimitations, the different uses and land allocations are established, whether in the aforementioned islands or in any other territorial component that complements it. It is the responsibility of the Development Commission of the Department of Valle (CODEVA) to administer this Park under the denomination of NATIONAL PARK LA ISLA DEL TIGRE AND ZACATE GRANDE, including the administration of public domain assets corresponding to the Central Government when these are dedicated for tourist use and are included in the area of the National Park of Amapala.

DECLARATION OF THE FREE TOURIST ZONE OF THE DEPARTMENT OF VALLE. The Free Tourist Zone of the Department of Valle is hereby created, which corresponds to the delimitation of the AMAPALA NATIONAL TOURIST PARK, subject to a special tax regime. The permanent introduction of merchandise, goods or services into the territory of the Free Tourist Zone and for exclusive use in the functioning of its tourism, is exempt from the payment of customs taxes or tariffs, import taxes of special customs charges, sales tax, production, consumption or value-added tax, as well as all classes of internal taxes and the payment of consular rights or stamps on the tourism region of the aforementioned Park.

RESOURCES FOR THE FUNCTIONING OF THE AMAPALA NATIONAL TOURIST PARK. The Commission for the Development of the Department of Valle (CODEVA) shall establish a special tariff for tourist services, to be paid by those who, in their capacity as tourists, visit the site of the Amapala National Tourist Park, without prejudice to charges for other regular services. The resources collected shall be used in the maintenance and conservation of the tourist park. CHAPTER IV FRAMEWORK OF INFRACTIONS AND SANCTIONS

GENERAL ADMINISTRATIVE INFRACTIONS. Non-compliance with the administrative rules established in this Law, in other laws and in municipal ordinances, shall be sanctioned administratively by the municipalities in accordance with what their respective Tax Codes provide and by the authority that generated the disrespected administrative act in accordance with their organic laws or special laws, without prejudice to the civil or criminal actions that correspond.

RESPONSIBILITY OF PUBLIC OFFICIALS. Public officials who execute acts, issue orders and resolutions that contravene or contradict the application of this Law incur administrative, civil or criminal responsibility. The Commission for the Development of the Department of Valle (CODEVA) shall ensure the updating, validity and application of the legal rules that contemplate the framework of these administrative infractions and sanctions. In case of proven negligence, the Commission for the Development of the Department of Valle (CODEVA) shall impose fines on public officials who fail to fulfill institutional commitments derived from the application of this Law, as determined by the Regulations, on a scale of between one (1) and ten (10) days of their salary, according to the severity of the fault. In case of recidivism, it shall communicate the irregularity to the corresponding authority.

COMPLAINTS. In cases where the commission of a crime is presumed, the Commission for the Development of the Department of Valle (CODEVA) shall proceed to file the corresponding complaint before the corresponding authorities. CHAPTER V TRANSITORY AND FINAL PROVISIONS

PROCEDURE AND REMEDIES. The administrative remedies applicable to the resolutions of the Commission for the Development of the Department of Valle (CODEVA) are those comprised in the General Law of Public Administration, the Law of Administrative Procedures, the State Contracting Law and in other administrative provisions as applicable.

REGULATIONS. The Executive Branch through the Secretaries of State in the Offices of: Tourism; Natural Resources and Environment; Finance; and, Industry and Commerce, must regulate this Law within a period no greater than one hundred eighty (180) days from its entry into force.

ENTRY INTO FORCE. This Law shall enter into force twenty (20) days after its publication in the Official Gazette La Gaceta. Given in the city of Tegucigalpa, municipality of the Central District, in the Session Chamber of the National Congress, on the twenty-ninth day of the month of September of two thousand nine. JOSÉ ALFREDO SAAVEDRA PAZ PRESIDENT CARLOS ALFREDO LARA WATSON SECRETARY GONZALO ANTONIO RIVERA SECRETARY To the Executive Branch. Wherefore, Let It Be Executed. Tegucigalpa, M.D.C., October 30, 2009. ROBERTO MICHELETTI BAÍN CONSTITUTIONAL PRESIDENT OF THE REPUBLIC THE SECRETARY OF STATE IN THE OFFICE OF TOURISM. ANA ABARCA UCLÉS THE SECRETARY OF STATE IN THE OFFICES OF NATURAL RESOURCES AND ENVIRONMENT. VALERIO GUTIÉRREZ THE SECRETARY OF STATE IN THE OFFICE OF FINANCE. GABRIELA NÚÑEZ THE SECRETARY OF STATE IN THE OFFICES OF INDUSTRY AND COMMERCE. SAMUEL BENJAMÍN BOGRÁN