Law on the National Civil Registry with Reforms

NATURE OF THE NATIONAL REGISTRY OF PERSONS. The National Registry of Persons (RNP) is declared to be an institution of national security, considered a Special organ of the State, closely linked to the security of society, of an independent character, with legal personality, technical and administrative autonomy, normative self-determination; with headquarters in the Capital of the Republic, authority throughout the entire national territory and authorization to establish registry offices in the locations that it deems necessary.

The functions and processes of civil status registration of persons are declared to be of national security, as well as the administration of all registry documentation, the issuance of travel documents for Hondurans and the management of migratory flows carried out by the competent authority in its case.

PURPOSE OF THE NATIONAL REGISTRY OF PERSONS. The National Registry of Persons (RNP) has as its purpose to plan, organize, direct, develop and administer, exclusively and with the highest security, the integrated system of civil registration and identification of natural persons and to provide permanently to the Supreme Electoral Tribunal (TSE), at no cost, all information necessary for it to prepare the National Electoral Census. To achieve its purpose, the National Registry of Persons (RNP) shall develop modern methodologies, techniques and procedures, establishing for this effect technological, mechanical, scientific or other specialized controls, for the safe, comprehensive, efficient and effective management of registry information and documentation.

JURISDICTION AND COMPETENCE. The National Registry of Persons (RNP) shall be in charge of the registration of all facts and acts relating to the civil status of natural persons of Honduran nationality according to Title II, Chapter 1 of the Constitution of the Republic, from their birth until their death, as well as the issuance of personal identification documents and for the exercise of their citizen rights, throughout the entire territory of the State of Honduras, and also in those territories that in accordance with international treaties accept said identification documentation.

NATURE OF THE LAW. The provisions of this Law are of public order and shall have preeminence over other laws dealing with the same subject matter. In case of doubt or ambiguity of one or more of these provisions, they shall be interpreted in the manner that maintains the greatest harmony with the purpose, objectives and functions of the National Registry of Persons (RNP) and with the registry principles set forth in this Law. The proceedings that must be carried out in the National Registry of Persons (RNP), when they do not have a special procedure in this Law, shall be conducted in accordance with the provisions of current laws that relate to the subject matter. CHAPTER II OBJECTIVES

OBJECTIVES OF THE NATIONAL REGISTRY OF PERSONS (RNP). The objectives of the National Registry of Persons (RNP) are the following:

• 1)

  To guarantee the accuracy of the registration of facts and acts related to the existence and civil status of natural persons;

• 2)

  To ensure respect for and the full exercise of the rights inherent to the natural person, through their correct registration and identification;

• 3)

  To contribute to the strengthening of democracy; and,

• 4)

  To promote discipline and registry culture. CHAPTER III FUNCTIONS

FUNCTIONS OF THE NATIONAL REGISTRY OF PERSONS (RNP). The functions of the National Registry of Persons (RNP), in accordance with this Law and its Regulation, are the following:

• 1)

  To plan, organize and regulate the procedures for the registration of facts and acts relating to the civil status of Honduran and foreign natural persons as applicable;

• 2)

  To register the facts and acts relating to the civil status of natural persons, as well as judicial or administrative decisions referring to them and that are capable of registration;

• 3)

  To register the legal acts that modify, complement or cancel birth or naturalization registrations and to effect the corresponding annotations;

• 4)

  To issue documents that identify natural persons; replace or rectify them as appropriate;

• 5)

  To maintain permanently and updated all information regarding the civil status of natural persons;

• 6)

  To create and implement technical, secure and reliable systems for the collection, processing, preservation, protection and disclosure of data and information of natural persons;

• 7)

  To supply to the Supreme Electoral Tribunal (TSE) in a timely, updated and permanent manner, the information necessary to prepare the National Electoral Census, in the manner and procedures established by the Electoral Law and Political Organizations Law, this Law and its Regulations;

• 8)

  To advise and inform all instances of Government on matters of civil registration and identification of natural persons;

• 9)

  To provide technical and professional training to the personnel required by the National Registry of Persons (RNP) and to administer the Registry Career;

• 10)

  To apply advanced biometric, forensic, genetic technologies and any other type related to the registration of facts and acts of the civil status of natural persons and their identification;

• 11)

  To prepare and provide to public and private institutions and to natural persons who request it, the information and statistics generated by the National Registry of Persons (RNP);

• 12)

  The issuance of official personal identification documents; and,

• 13)

  Such other functions as are necessary to achieve its purpose and objectives. CHAPTER IV PRINCIPLES

PRINCIPLE OF APPLICATION. All proceedings that are conducted at the request of a party must be advanced ex officio until their conclusion. Proceedings may only be initiated ex officio in the cases provided for in this Law.

PRINCIPLE OF PRIORITY. Every document that is submitted to the National Registry of Persons (RNP) must be registered, when applicable, in the chronological order of its presentation.

PRINCIPLE OF SPECIALIZATION. The facts and acts registered in the National Registry of Persons (RNP) must be defined and determined with respect to their nature and content.

PRINCIPLE OF CONSECUTIVENESS. From the registrations existing in the National Registry of Persons (RNP) relating to the same person, there must result a sequence of the facts and acts registered, as well as the correlation between the registrations, their modifications and cancellations.

PRINCIPLE OF LEGALITY. The legal accuracy of registry information and identification is presumed, unless proven otherwise.

PRINCIPLE OF PRECLUSION. Every proceeding must be conducted within the time limits and with the formality indicated in this Law and its Regulations.

PRINCIPLE OF GRATUITY OF REGISTRATIONS. All registrations relating to facts and acts of the civil status of persons shall be carried out by the National Registry of Persons (RNP) and shall be made free of charge. TITLE II ORGANIZATION CHAPTER I DIRECTION

DIRECTORS AND SUBDIRECTORS. The National Registry of Persons (RNP) shall be administered by one (1) Director and by two (2) Subdirectors, who shall be elected for a period of five (5) years with the affirmative vote of at least two-thirds (2/3) of the total number of Deputies of the National Congress.

REQUIREMENTS AND DISQUALIFICATIONS TO BE DIRECTOR OR SUBDIRECTOR OF THE NATIONAL REGISTRY OF PERSONS (RNP). To be Director or Subdirector of the National Registry of Persons (RNP), the provisions established in the Constitution of the Republic must be met.

JOINT POWERS. The following are joint powers of the Director and Subdirectors:

• 1)

  Administer the Institution;

• 2)

  Approve regulations, subject to prior opinion of the General Attorney of the Republic;

• 3)

  Approve fees for services provided by the Institution;

• 4)

  Approve the Directives and Manuals of the Institution;

• 5)

  Approve the Annual Budget of the Institution;

• 6)

  Determine the organization of the Institution, creating, merging or eliminating the divisions or technical and administrative units deemed necessary for the efficient operation of the Institution; and,

• 7)

  Appoint, hire, promote, transfer, sanction and terminate the personnel of the Institution.

POWERS OF THE DIRECTOR. The powers of the Director of the National Registry of Persons (RNP) are:

• 1)

  Hold the legal representation of the Institution;

• 2)

  Sign appointment agreements, promotions, removals, transfers and sanctions of the Institution's personnel, in accordance with this Law and its Regulations;

• 3)

  Present annually to the National Congress the Budget, Operating Plan, Management Report and Budget Liquidation of the Institution;

• 4)

  Sign agreements with public or private bodies, national or foreign, in matters of its competence;

• 5)

  Sign contracts for the acquisition of goods and services necessary for the realization and execution of the plans, programs and projects of the Institution;

• 6)

  Coordinate and maintain service relations with Civil Registry and Identification Organizations of other States and foreign entities in matters that are its own;

• 7)

  Order investigation for the loss and disappearance of information or documents; deduce the responsibilities to those in charge of their custody and order that they be restored, as well as exercise the pertinent legal actions;

• 8)

  Resolve ex officio or at the request of an interested party, on the nullity of identification documents, registrations, annotations and cancellations, in accordance with this Law and its Regulations;

• 9)

  Impose the sanctions established in this Law and its Regulations;

• 10)

  Coordinate with other state divisions, matters related to the application of this Law;

• 11)

  Permanently remit to the Supreme Electoral Court (TSE) all information necessary for the preparation of the National Electoral Census;

• 12)

  Supervise the divisions of the Institution; require reports of activities carried out by Subdirectors and other officials of the Institution;

• 13)

  Promote registry culture;

• 14)

  Manage resources for strengthening the Institution's assets; and,

• 15)

  Those others assigned by this Law and its Regulations.

AREAS OF THE SUBDIRECTORATES. The Administration of the National Registry of Persons (RNP) shall be exercised in two (2) main areas: the Administrative and the Technical, which shall be in charge of the Subdirectors elected by the National Congress to occupy respectively those positions.

SUBSTITUTIONS. The Subdirectors shall assume the functions of the Director in the event of absence or temporary incapacity of the latter. In the case of the preceding paragraph, the Director shall designate his substitute and when he does not do so, the Administrative Subdirector shall assume the functions.

REMOVAL. The Director and Subdirectors may only be removed from their positions by Decree of the National Congress for the following causes:

• 1)

  By Decree of the National Congress, when it is fully proven, with due process guarantees, the non-compliance or serious breach in the exercise of their positions, in which case the affirmative vote of at least two-thirds of the total number of Deputies of the National Congress shall be required.

• 2)

  By virtue of a final convicting sentence against them in criminal trial; and,

• 3)

  For permanent physical or mental incapacity, duly proven by three (3) expert physicians. In the aforementioned cases, the substitute shall be elected by the National Congress for the time remaining to complete the mandate of the replaced official.

POWERS OF THE ADMINISTRATIVE SUBDIRECTOR. The powers of the Administrative Subdirector are:

• 1)

  Plan, coordinate, supervise and direct matters in the administrative area of the Institution;

• 2)

  Coordinate the preparation of the draft Annual Budget of the Institution;

• 3)

  Coordinate the preparation of quarterly budget reports and present them to the Director;

• 4)

  Evaluate monthly the budget and financial execution, and must submit the corresponding report to the Director;

• 5)

  Design and once approved, execute the directives, formats and administrative manuals of the Institution;

• 6)

  Maintain a permanent and updated record of the operations, assets and assets of the Institution;

• 7)

  Execute controls that guarantee the rational use of financial resources;

• 8)

  Ensure compliance with the Internal Regulations and Functions Manual of the Institution, as regards its area of action;

• 9)

  Promote the provision of services by the Institution;

• 10)

  Report quarterly to the Director on the administrative activities under his responsibility; and,

• 11)

  Those others assigned by the Law and its Regulations and those delegated by the Director.

POWERS OF THE TECHNICAL SUBDIRECTOR. The powers of the Technical Subdirector are:

• 1)

  Plan, coordinate, supervise and direct matters in the technical area of the Institution;

• 2)

  Collaborate in the preparation of the draft Annual Budget of its division;

• 3)

  Report quarterly to the Director on the technical activities under his responsibility;

• 4)

  Design and once approved, execute the directives, formats and technical manuals of the Institution;

• 5)

  Execute controls that guarantee the rational use of resources under his responsibility;

• 6)

  Ensure compliance with the Internal Regulations and Functions Manual of the Institution, insofar as it corresponds to its area of action;

• 7)

  Propose, direct and supervise plans, programs and projects of institutional technical development;

• 8)

  Establish technical procedures for the handling and preservation of documents and files owned by the Institution;

• 9)

  Manage the permanent practice of system audits in its area;

• 10)

  Design training plans and programs;

• 11)

  Prepare the information to be remitted to the Supreme Electoral Court (TSE) and other Institutions to which services are provided;

• 12)

  Permanently update the registry of facts and acts of civil status of natural persons;

• 13)

  Comply continuously and permanently with the efficient provision of civil registry, identification and administrative registry management services;

• 14)

  Prepare, elaborate and present vital statistics based on registry information; and,

• 15)

  Those others assigned by the Law and its Regulations and those delegated by the Director.

CIVIL REGISTRARS. Civil Registrars are public faith officials responsible for registering, in their respective geographical population area and for legal and statistical purposes, the facts and acts related to the civil status of natural persons. They shall be subject to the limitations, prohibitions and sanctions established by this Law and its Regulations and shall also perform auxiliary functions of identification and statistics of such persons.

AUXILIARY CIVIL REGISTRAR. The Auxiliary Civil Registrar is the official appointed to provide service in a determined fraction of the municipal term; shall report administratively to the Civil Registrar of their respective jurisdiction and shall have the same functions as the latter. The Diplomatic or Consular Agents of Honduras, accredited abroad, shall have the same consideration, but shall not be subject to the provisions of the following article.

REQUIREMENTS OF CIVIL REGISTRARS. The requirements to be a Civil Registrar are:

• 1)

  Be Honduran by birth, of legal age and be in full enjoyment and exercise of their civil rights;

• 2)

  Be of lay status;

• 3)

  Have their residence in the municipality where they exercise their registry function;

• 4)

  Have completed at least Secondary Education, duly accredited;

• 5)

  Have passed the official training and necessary evaluation;

• 6)

  Be of recognized honorability and suitability for the exercise of the position;

• 7)

  Not have suffered a final convicting sentence against them in criminal trial; and,

• 8)

  Not have been dismissed for irregularities committed in the performance of their functions.

REGISTRY JURISDICTION. The geographical population area of Civil Registries, Auxiliaries and Diplomatic or Consular Agents shall be the following:

• 1)

  The Civil Registrar, in the Municipality assigned to him;

• 2)

  The Auxiliary Civil Registrar, in a territorial fraction of a municipality; and,

• 3)

  The Diplomatic or Consular Agents, in the area assigned to them.

POWERS OF REGISTRARS. The powers and obligations of the Civil Registrar are:

• 1)

  Register chronologically, the registrable facts and acts of natural persons, validating them with their signature and seal;

• 2)

  Make annotations regarding changes in the civil status and identification of persons;

• 3)

  Preserve the books, records and other documents relating to the civil status and identification of natural persons; being responsible for losses, deterioration, omissions, alterations and impersonations committed in the Registries;

• 4)

  Comply and ensure compliance with the security standards relating to the office, access to equipment, information, books, files and documentation under their custody;

• 5)

  Issue copies and communications with the indications prescribed by the Law and its Regulations;

• 6)

  Extend certifications of registrations, stating the annotations affecting the civil status and that are known to them;

• 7)

  Obtain basic data for the preparation of vital statistics, noted in official formats and submit them to the competent bodies in the periods that the regulations of this Law determine;

• 8)

  Notify obligatorily by written communication to the respective Civil Registry, with copy to the Central Office, when any modification occurs in the civil status of a person registered in the Civil Registry of another jurisdiction, so that the corresponding annotation is made in the life file. The same notification shall be made to Consulates or Embassies when the fact or act affects the civil status of any foreigner;

• 9)

  Carry out the registration, read in clear and loud voice its content to the declarants, and once ratified and signed by the interested party, proceed to sign it and obligatorily extend the registration certificate and the respective certification, if requested;

• 10)

  Review quarterly the registration books to verify the physical condition of the folios or registrations containing such registrations, to request from the Direction of the National Registry of Persons, in cases that correspond, the Ex Officio Replacement, in accordance with what this Law prescribes, and must report monthly to the appropriate party;

• 11)

  Fill out the identity card application, take the photograph in cases that correspond, take fingerprints and deliver the password to the applicant;

• 12)

  Deliver the Identity Card to the holder, duly accredited attorney-in-fact or legal representative, receive and process the corresponding claims in their case;

• 13)

  Promote the registration of vital facts and acts of persons, for which purpose they must carry out mobile campaigns in the different population centers of their jurisdiction; and,

• 14)

  The power or obligation to issue negative certificates of the non-registration of facts and acts such as birth and any other, as the case may be, when required to do so by the interested parties.

REMISSION OF INFORMATION FROM ABROAD. Diplomatic and Consular Agents accredited abroad shall be obligated to remit to the Direction of the National Registry of Persons, quarterly, a true copy of the registrations of the facts and acts of civil status of natural persons that they have made in the duly authorized books or a notification in that respect in case there have been no registrations.

PROHIBITIONS TO CIVIL REGISTRARS. Without prejudice to the provisions of this Law, the Civil Registrar is prohibited from:

• 1)

  Exercising his functions outside the scope of the assigned geographical area;

• 2)

  Delegating the functions entrusted to him;

• 3)

  Refusing to register vital facts and acts, nor to extend certificates and certifications and to issue communications or make the annotations to which he is legally obligated;

• 4)

  Making use of abbreviations in the registration of facts and acts of natural persons, except that it is a literal copy of a document containing them;

• 5)

  Making erasures, blots, strikethroughs, interlineations, superimposed writing, alterations, additions and impersonations of any nature in the registrations, annotations and cancellations contained in the books or in digital databases, without the respective judicial or administrative communication;

• 6)

  Delivering or signing identification passwords or certification forms of registrations or communications, in blank or partially filled;

• 7)

  Making annotations that modify the civil status of natural persons, without the support of the corresponding registration or document;

• 8)

  Using facsimile on registry documents;

• 9)

  Making or permitting the improper use of his signature or of Notaries, Mayors and Diplomatic or Consular Agents;

• 10)

  Making or permitting the improper use of access codes and other security measures;

• 11)

  Allowing physical access by private individuals and unauthorized personnel to Civil Registry archives, except as established in this Law;

• 12)

  Refusing to receive applications for registration, identification, certificates or communications, or delaying their processing;

• 13)

  Delaying the course of the applications referred to in the preceding paragraph or the delivery of identity cards, certifications, certificates or communications;

• 14)

  Signing in blank forms, certifications, certificates and communications; and,

• 15)

  Those others established in this Law and its Regulations.

CIVIL OFFICERS. Civil Officers are the officials authorized to process in the assigned geographic area, up to their resolution, the applications for replacements, rectifications, additions and correction of alterations of registrations, notations and cancellations, as well as oppositions to such proceedings; they shall be based in departmental capitals and in other cities as determined.

REQUIREMENTS OF DEPARTMENTAL AND SECTIONAL CIVIL OFFICERS. To be a Departmental or Sectional Civil Officer, in addition to the requirements established in numerals 1, 2, 3, 5, 6, 7 and 8 of Article 25 of this Law, it is required to hold a degree in Legal and Social Sciences, duly registered with a professional bar association and with a minimum experience of two years.

GEOGRAPHIC COMPETENCE OF THE CIVIL OFFICER. The Departmental or Sectional Civil Officer shall have competence in the department or departments; municipality or municipalities assigned to them, considering population density and ease of access.

POWERS OF THE CIVIL OFFICER. The powers of the Departmental or Sectional Civil Officer are:

• 1)

  To conduct at the request of the interested party, the legal proceedings for replacement, addition, rectification and correction of alterations of registrations, cancellations and notations, issuing the resolution that is appropriate in law;

• 2)

  To replace, rectify, add and correct alterations of registrations, through the resolution that is appropriate in law, at the request of the Civil Registrar, when errors or omissions have occurred in the registration entries of facts and acts of the civil status of natural persons, which are attributable to employees and officials of the Civil Registry, without prejudice to the corresponding administrative, civil or criminal sanction that must be imposed on the offender;

• 3)

  To issue a certified copy of the resolution immediately after signing it, to the respective Civil Registrar, so that it may proceed with its registration or notation as appropriate, and must file the supporting documentation;

• 4)

  To investigate, require, conduct ocular inspections and take the testimonial declarations that are relevant;

• 5)

  To officially request and obtain the collaboration of State Institutions, as well as private parties in matters related to their official function; and,

• 6)

  To report monthly to the Technical Sub-Directorate, the activities carried out in the exercise of their official function.

PROHIBITIONS TO CIVIL OFFICERS. Without prejudice to the prohibitions established in this Law for the officials and employees of the National Registry of Persons (RNP), it is prohibited to the Departmental and Sectional Civil Officers:

• 1)

  To exercise their functions outside the scope of their jurisdiction;

• 2)

  To delegate the functions attributed to them;

• 3)

  To refuse to process the applications of actions, petitions and oppositions within their competence or to extend communications or certifications of the resolutions issued;

• 4)

  To admit as evidence, documents not duly legalized;

• 5)

  To admit the declaration of witnesses that do not meet the legally established requirements;

• 6)

  To make advance declarations regarding the resolutions to be issued;

• 7)

  To induce the interested parties to hire the services of certain professionals to resolve matters that do not require such services;

• 8)

  To intervene in the functions that are proper to other officials or employees of the Institution;

• 9)

  To extend certifications of resolutions that are not final;

• 10)

  To use facsimile in the documents under their competence; and,

• 11)

  The others established in this Law and its Regulations.

COMPONENTS OF THE CIVIL REGISTRY SYSTEM. The Civil Registry system shall be composed of the following components:

• 1)

  The registry of the civil status of natural persons;

• 2)

  The identification of natural persons;

• 3)

  The administrative registration management;

• 4)

  General archive;

• 5)

  Vital statistics and information systems;

• 6)

  The generation of basic information for the preparation of the National Electoral Census; and,

• 7)

  The General Inspectorate.

OBLIGATION TO REPORT. It is the obligation of every adult person, their legal representatives and other persons legally obligated, to report within the legally established deadlines, to the respective Civil Registry, the facts and acts related to the civil status of natural persons.

FREE SERVICES. The National Registry of Persons shall provide the following services free of charge:

• 1)

  Registrations;

• 2)

  Registration certificates;

• 3)

  Notations;

• 4)

  Cancellations;

• 5)

  The issuance of the identity card, its replacement if applicable, the renewal of the same and the identification card for minors under eighteen (18) years of age;

• 6)

  The rectification of identity cards and registrations, for errors attributable to the Institution;

• 7)

  The certifications of birth registrations for natural persons under eighteen (18) years of age; and 8) The certificates of non-registration of an inscription in the Registry.

EFFECTS OF REGISTRATION DECLARATION. Registrations contain the declaration made by the declarant, but do not guarantee its truthfulness in any of its parts. Consequently, they may be challenged in the different judicial instances.

VALIDITY OF REGISTRATIONS. The registrations, notations and cancellations of vital facts and acts of the natural person, shall be valid when they meet the essential requirements that, for each case, this Law specifies and shall constitute full proof of their content, as long as their nullity is not declared by final judicial sentence; the certifications thereof and the registration information in the custody of the National Registry of Persons (RNP) shall have equal value.

OBLIGATION TO REPORT IRREGULARITIES. The natural or legal person who has knowledge that a document issued by the Civil Registry contains irregularities in its content, must report this situation to the competent authority.

DUPLICATION OF REGISTRATIONS. If it is found that a vital fact or act relating to the same person is registered more than once, in the same or different municipality or has been altered in the National Registry of Persons (RNP), the Directorate, prior to the investigations of the case, shall resolve administratively what is appropriate, including nullity if applicable, without prejudice to the corresponding denunciation before the Public Ministry, when the fact constitutes a crime. In the same manner, proceedings shall be followed in cases of impersonation, forgery or issuance of identification documents that are the same for different persons.

CIVIL STATUS. Civil status is the quality of the natural person in order to their family relationships, insofar as it grants or imposes certain civil rights and obligations. Civil status is evidenced by their respective registry life file.

LIFE FILE. The life file of the natural person is initiated with the original registration of birth or naturalization and ends with the registration of their death. In the same, there shall be recorded, in summary form, the notations relating to the acts of their life, from birth until death, such as:

• 1)

  Marriages;

• 2)

  Legally recognized common-law union;

• 3)

  Separation of bodies, by judicial sentence;

• 4)

  Nullity of marriages;

• 5)

  Divorces;

• 6)

  Recognition of children;

• 7)

  Emancipations;

• 8)

  Age qualifications;

• 9)

  Sentences on challenges of paternity and maternity;

• 10)

  Appointment of guardianships and curatorship or their cancellation;

• 11)

  Loss, suspension or recovery of Honduran nationality;

• 12)

  Judicial interdictions;

• 13)

  Rectifications of registration data;

• 14)

  Adoptions;

• 15)

  Declaration of absence; and, 16) Any other act that affects the civil status or legal capacity of natural persons.

VITAL FACTS AND ACTS. Vital facts are birth and death. Vital acts are all the others recorded in the previous article. Once a vital fact or act has occurred, and the corresponding documentary or testimonial evidence has been presented, the Civil Registrar, finding it in compliance with law, shall obligatorily proceed with its registration.

BIRTH OR DEATH IN A MEANS OF TRANSPORT. In the event of birth or death of a Honduran or foreign national, occurring aboard a vessel navigating in national territorial waters or on the high seas under the Flag of the Republic of Honduras, aboard an aircraft or other means of international public transport within the national territory, it shall be the obligation of its Captain or conductor to notify the Migration Authority of the first national port or point where it arrives. In this case, the migration authority shall proceed to request the registration in the Registry of the place of disembarkation, if there is no interested party who manifests their desire to do so. If a child is born to a Honduran father or mother or a Honduran citizen dies aboard an air, maritime, or land transport vessel outside the national territory, whatever the nationality of its registration, the provisions of the preceding paragraphs shall apply. If the means of transport arrives at a foreign port, the captain or conductor thereof shall communicate it to the corresponding migration authority.

EFFECTS OF ALTERATION OR FALSIFICATION OF VITAL FACTS OR ACTS. The alteration or falsification in the registrations and certifications or attestations relating thereto give the injured parties the right to judicially request from those responsible the indemnification for damages and losses suffered, without prejudice to the corresponding criminal liability.

VALIDITY OF REGISTRATIONS IN THE COPY BOOK. The registrations in the copy book of the facts and vital acts of natural persons shall have the same value and legal effect as those contained in the original book.

LEGAL EFFECTS OF REGISTRATION. No fact or act of a natural person shall produce legal effects with respect to third parties, unless and until after registration is effected in the respective Civil Registry.

INDIVIDUALIZATION OF A NATURAL PERSON. Every natural person has the right to their individuality, to the use of a name or names, surname or surnames that legally identify them, as they are registered in the Civil Registry.

ILLEGAL USE OF NAMES AND SURNAMES. Every natural person who uses names and surnames that do not belong to them shall be liable for damages and losses to third parties, without prejudice to the criminal liability that may correspond and to being obliged to cease the use of the improper names and surnames.

NAMES NOT SUBJECT TO REGISTRATION. The parents or the Institutions determined by this Law have the right to freely choose the name of the boy or girl; however the Registrar shall not register names that:

• 1)

  Are contrary to morality or good customs;

• 2)

  Are identical to those of living siblings; and,

• 3)

  Exceed three (3) names. When a person is registered with the same name as a deceased sibling, this circumstance shall be noted in the registration.

REGISTRATION OF SURNAMES. The first surname of a person shall be registered in the Registry of Births as the first surname of the father and the second as the first surname of the mother. In the absence of recognition by the father, the one or both surnames of the mother shall be registered. Compound surnames of common use shall be taken as one single surname. CHAPTER III REGISTRATIONS SECTION I REGISTRATION OF BIRTHS

TIME LIMIT FOR BIRTH REGISTRATION. Births occurring in the national territory shall be registered in the Civil Registry within a period of one (1) year following the birth. Upon the expiration of the legal term established in the preceding paragraph, interested parties shall make use of the procedure for reposition by omission, before any Departmental or Sectional Civil Officer.

CHILDREN OF HONDURANS BORN ABROAD. Children born abroad to a Honduran father or mother may be registered within the same term before the Diplomatic or Consular Agents, who shall remit certification to the Direction of the National Registry of Persons (RNP), so that it may order the incorporation of said registration in the Registry of the Central District, if their parents have not indicated another municipality. If they have not done so in a timely manner before the Diplomatic or Consular Agents, they may be registered, at the request of the interested party, in the National Registry of Persons (RNP).

OBLIGATION TO REGISTER BIRTH. Birth registration before the Civil Registry is mandatory; it shall be carried out by the father or mother bearing their respective identity cards or minor identification cards as appropriate, or by the legal representatives of either of them and, in the absence of all of them, by relatives who inhabit the same domicile and have knowledge of the vital fact or by the persons who assisted in the birth or by the authorized person representing the healthcare institution responsible for the custody of the newborn. The appearing party, when not the father or mother, presenting their own identity card, shall declare under oath the name of the newborn and the names and surnames of the parents of the newborn whose identity cards or minor identification cards, as appropriate, must be presented at the time. In the event that the parents, to whom the National Registry of Persons (RNP) has, for any reason, not extended the Identity Card or their Minor Identification Card, they must present their birth registration certification. Under no circumstances shall birth registration be denied or suspended.

ADMINISTRATIVE CHALLENGE OF BIRTH REGISTRATION. Birth registrations that are not effected personally by the parents may be challenged by them, administratively, before the Departmental or Sectional Civil Officer, who after analyzing and evaluating the evidence and inspections and conducting the proceedings that contribute to elucidate the fact, shall issue the resolution that corresponds in law.

ANTECEDENT FOR BIRTH REGISTRATION. Public hospitals, private medical centers, duly authorized nurses or midwives or other persons who have assisted in the birth shall extend written certification of the fact to the parents, on plain paper or on the official form provided by the National Registry of Persons, as an antecedent for the corresponding registration.

OBLIGATION TO REPORT ON VITAL FACTS. In the villages and hamlets of the country where there are no assistance centers, duly authorized nurse or midwife, the Auxiliary Mayors shall have the obligation to report the fact to the Civil Registry of their jurisdiction. For this purpose, they shall proceed to obtain the information and necessary documentation to present it to the Civil Registrar so that they may effect the registration.

REGISTRATION OF MULTIPLE BIRTH. When it is a matter of registering the birth of two (2) or more natural persons in the same delivery, a record shall be kept in each of the entries, in the order in which they occurred.

DEATH OF NEWBORN. The death of a newborn does not exempt the obligation to report to the Civil Registrar nor does it exempt the Civil Registrar from recording the birth and the respective death.

STILLBIRTH. A creature that dies in the mother's womb or that perishes before being separated or does not survive the separation from the mother's body not even for an instant, shall not be subject to registration.

DATA FOR BIRTH REGISTRATION. At the time of effecting the birth registration, the following general data shall be noted:

• 1)

  Place, hour, day, month and year of birth;

• 2)

  Sex, names and surnames of the newborn person; and,

• 3)

  Names, surnames, identity number, nationality and domicile of both parents or of one only if that be the case.

PLACE OF BIRTH REGISTRATION. Birth registrations may be effected at any Civil Registry in the country and when it is different from the place of birth, mention shall be made of the department and municipality where the birth occurred. SECTION II REGISTRATION OF MARRIAGES

REGISTRATION OF MARRIAGE AND DE FACTO UNION. Every marriage, which according to Law is celebrated or de facto union recognized, must be registered in the Civil Registry in order to produce legal effects.

PLACE OF REGISTRATION OF MARRIAGE AND DE FACTO UNION. The Municipal Mayor or Notary who authorizes the civil marriage or recognizes the de facto union is obligated to remit the file containing the documentation of merit to the Civil Registry of the place where the act was celebrated, within the fifteen (15) days following, so that the registration is made. If the de facto union originates from a jurisdictional act, the Judge must remit a copy of the respective sentence within the same period of the preceding paragraph, without prejudice to what is provided in the legislation of the country where the act was celebrated. The Honduran contracting party or parties may register it directly before any Civil Registry in Honduras, presenting the respective documentation, duly authenticated. The Diplomatic Agent or Consular Official shall be obligated to remit quarterly to the National Registry of Persons (RNP) copies of the registrations effected.

MARRIAGE OF HONDURANS ABROAD. Every Honduran who contracts marriage in another country is obligated to declare this act before the Diplomatic or Consular Agents, and must present the marriage certificate, his identity card, or passport or in the absence thereof certification of birth registration, without prejudice to what is provided in the legislation of the country where the act was celebrated. The Honduran contracting party or parties may register it directly before any Civil Registry in Honduras, presenting the respective documentation, duly authenticated. The Diplomatic Agent or Consular Official shall be obligated to remit quarterly to the National Registry of Persons (RNP) copies of the registrations effected. SECTION III REGISTRATION OF DEATHS

PLACE OF REGISTRATION OF DEATHS. Every death that occurs in national territory must be registered in any of the following Civil Registries:

• 1)

  That of the deceased's last domicile;

• 2)

  Where the death occurred; and,

• 3)

  Where his birth is registered.

OBLIGATION AND DEADLINES FOR REGISTERING DEATHS. The following persons are obligated to register the death before the Civil Registrar, within six (6) months of the death having occurred, in the following order:

• 1)

  The surviving spouse or cohabiting partner;

• 2)

  Ascendants and adult descendants;

• 3)

  The nearest relatives residing in the house of the deceased;

• 4)

  The head of family in whose house the death occurred;

• 5)

  The physician who attended the person whose death is in question;

• 6)

  The auxiliary mayors;

• 7)

  Ecclesiastical authorities;

• 8)

  The forensic physicians of the Public Ministry;

• 9)

  The directors or administrators of public or private health centers, clinics and hospitals;

• 10)

  Administrators of hotels, motels, hospices, boarding houses, day care centers, asylums and similar establishments;

• 11)

  The administrators or persons in charge of cemeteries;

• 12)

  The civil or military authority that has knowledge of the fact;

• 13)

  The directors of educational centers;

• 14)

  The directors of detention centers;

• 15)

  Diplomatic or Consular Agents;

• 16)

  The captains of ships and aircraft, as the case may be; and,

• 17)

  The operators of land transportation vehicles.

REQUIREMENTS FOR DECLARATION AND REQUEST FOR DEATH REGISTRATION. The interested person may appear before the Civil Registry to present a declaration and request registration of death, in which case he or she must deliver to the Civil Registry a legal document that certifies the death and a photocopy of the Identity Card, Minor Identification Card or Certification of Birth Registration of the deceased, documents which shall be filed in the Civil Registry to form part of the death record file.

DECLARATION AND TESTIMONIAL EVIDENCE FOR REGISTRATION IN CASE OF DEATH. If the legal document required in the preceding article does not exist for the registration of death, the sworn declaration of two witnesses shall be required; these witnesses must present their identity card and shall testify on the following:

• 1)

  The hour, day, month, year and place of death;

• 2)

  The names and surnames, sex, age, domicile and nationality of the deceased;

• 3)

  The names, domicile, nationality and profession of the deceased's parents, if they have such information; and,

• 4)

  The illness or cause of death, if known. The death registration shall be signed by the declarant, the witnesses if any, and the Civil Registrar. If any of them cannot do so, he or she shall place the fingerprint of the index finger. The registration shall be effected even if not all the information referred to in this article is presented.

REGISTRATION OF DEATH OF AN UNIDENTIFIED PERSON. When it is a matter of the death of an unidentified natural person and in cases of war or other calamity, prior to the act of burial or cremation, the competent authority shall take the fingerprints of the deceased and shall remit the fingerprint record, accompanied by the report of merit, to the National Registry of Persons; once the identity has been established, it shall order the registration in the competent Civil Registry. When it is not possible to take fingerprints, the registration shall be made based on the record drawn up by the competent authority.

REGISTRATION OF DEATH IN MILITARY CAMPAIGN OR ARMED CONFLICT. In cases of death in campaign, combat or military armed conflict, within or outside national territory, where Honduran troops have intervened, it is the obligation of the person in charge of the troops to report the deaths to the State Secretariat in the Office of National Defense, in the shortest time possible, expressing the data that permits proper registration in the Civil Registry. The aforementioned Secretariat shall notify, within five (5) days following receipt of the information, the National Registry of Persons (RNP) so that it may order the corresponding registration.

MANDATORY REGISTRATION OF NATURALIZATION. Naturalized Hondurans must register in the Civil Registry of their municipality of domicile within fifteen (15) days following obtaining the Naturalization Agreement. SECTION IV REGISTRATION OF NATURALIZATIONS

NUMBERING OF NATURALIZATION REGISTRATION. The naturalization agreement shall be strictly individual, granted by the Executive Branch with a consecutive number for each one, beginning on January 1st through December 31st, for the purposes of identity established in the regulations of this Law, and the National Registry of Persons (RNP) may establish special codes for that purpose. In case of violation of this provision, the Civil Registry Department shall return it to the Executive Branch so that it makes the corresponding correction; meanwhile, the registration shall remain suspended.

REGISTRATION OF DUAL NATIONALITY. The Civil Registry of the Central District shall maintain a special book in which registrations of dual nationality shall be recorded.

CANCELLATION OF NATIONALITY. In case of loss of nationality by cancellation or renunciation, the Executive Branch shall communicate this to the National Registry of Persons (RNP), in order that it may order the corresponding annotation. SECTION V REGISTRATION OF ADOPTIONS

REQUIREMENTS, PLACE OF REGISTRATION AND EFFECT OF ADOPTIONS. Every act of full adoption must be registered in the Civil Registry, making the annotation in the book where the registration of birth of the adopted person is found. As of the year two thousand eight (2008), a single adoption book is created which shall be maintained exclusively in the Municipal Civil Registry of the Central District, in which all adoptions authorized in the country shall be registered, and for the purposes of the preceding paragraph, due notice must be sent to the Municipal Civil Registry where the birth registration of the adopted person is located, for the purpose of the new birth registration. Full adoption shall not produce legal effects between the adopting party and the adopted person, nor with respect to third parties, until after the full adoption has been registered. TITLE IV ADMINISTRATIVE REGISTRY MANAGEMENT CHAPTER I RESTORATIONS SECTION I GENERAL ASPECTS

OMISSION OF REGISTRATION. In case of omission of any registration of facts or acts of a natural person, the interested party or their attorney shall request the restoration thereof before the Departmental or Sectional Civil Officer with competence, in accordance with the procedures established in the Law and its Regulations. The official, once having found the evidence presented sufficient, shall issue the corresponding resolution, ordering the omission to be corrected.

PUBLICATION OF RESOLUTION OF VITAL FACTS AND ACTS. Once the resolution is issued, the Civil Officer who hears the case shall order its publication for a period of ten (10) business days, by means of the notice boards of their office and of the Civil Registry in which the registration was omitted. The notices shall contain only the information strictly necessary to guarantee the exercise of the right to object.

RESOLUTION AND DEADLINES. If an objection is presented, the applicant shall accompany the evidence that serves as its basis before the same Civil Officer, who may issue an order for further proceedings, which must be executed within a period of ten (10) business days. After evidence has been presented and within the period of ten (10) business days, the Civil Officer shall issue a resolution regarding the objection presented.

EFFECTS OF THE RESOLUTION ISSUED. Upon expiration of the period to file an objection or once it is declared without merit, the Civil Officer shall send notice of the resolution issued to the respective Civil Registrar, so that they may proceed with the corresponding registration.

EFFECTS OF REGISTRY QUALIFICATION. When the Civil Registrar invokes legal grounds for not registering a resolution of the Departmental or Sectional Civil Officer, they shall temporarily deny registration and shall notify the official who issued the resolution within the third (3) day, setting forth the reasons on which they are based, so that such official may remedy it within the period of five (5) business days following. If the Civil Officer ratifies their resolution, the Civil Registrar shall immediately proceed to make the corresponding registration, recording all these circumstances.

CORRECTION OF REGISTRABLE ACTS OF MUNICIPAL MAYORS AND NOTARIES. When acts celebrated or authorized by Municipal Mayors and Notaries have not been performed in accordance with the terms of the respective Law, the Registrar shall notify the Mayor or authorizing Notary to remedy it within a period of fifteen (15) business days. After the deadline has expired, the Civil Registrar shall proceed with the registration, without prejudice to the legal responsibility of the authorizing party in case of failure to remedy the omissions or defects. SECTION II REGISTRATION OF BIRTH RESTORATIONS

REQUIREMENTS FOR REGISTRATION OF BIRTH RESTORATIONS. When the registration of a birth has been omitted, the interested parties shall request its restoration and must make use of the following means of proof:

• 1)

  Certificate of non-existence of registration in the corresponding book issued by the Civil Registrar with competence in the place of birth;

• 2)

  Testimony of two (2) or more persons of legal age, residents of the same place of origin or domicile of the person whose registration is requested, who, if applicable, shall be at least five (5) years older than the applicant;

• 3)

  Certification of birth registration, naturalization or death of the father or mother, passport or other authentic document if the father or mother are foreign;

• 4)

  At least two (2) of the following documents:

  • a)

    Certificate of birth issued by the hospital director or person in charge of the health center or certificate of delivery care issued by a physician, nurse or midwife authorized by the State;

  • b)

    Certification of pre-school or school registration;

  • c)

    Baptism Certificate;

  • d)

    Vaccination card;

  • e)

    Certification of birth registration of any sibling;

  • f)

    Certification of marriage registration of the parents;

  • g)

    Sworn statement setting forth the paternity or maternity of the applicant;

  • h)

    Certification of the resolution of notorious possession of the status of child; and,

  • i)

    Certification of death of the person who has died whose birth restoration is requested. When due to reasons of age, testimony of witnesses is not possible, the interested party shall present one (1) or more of the means of proof established in numeral (4) of this article.

REQUIREMENTS FOR REGISTRATION OF MARRIAGE RESTORATION. When the registration of a marriage has been omitted, the interested parties shall request its restoration, making use of the following means of proof:

• 1)

  Certificate of non-registration from the municipality where the marriage was celebrated;

• 2)

  Certificate that the marriage was celebrated, issued by the Municipal Mayor's Office or Notary;

• 3)

  In the absence of what is indicated in the preceding numeral, two (2) of the following:

  • a)

    Testimony of two persons who participated in the wedding;

  • b)

    Certification of the dispensation of publication of notices;

  • c)

    Certificate of payment of the marriage license;

  • d)

    Certificate from the Church where the wedding ceremony was performed;

  • e)

    Sworn statement of the spouses or the surviving spouse;

  • f)

    Certification of death of the non-surviving spouse; and,

  • g)

    Certification of birth registrations of children born of the marriage.

REQUIREMENTS FOR REGISTRATION OF DEATH RESTORATION. When the registration of a death has been omitted, the interested parties shall request its restoration before the competent Civil Officer, and must attach the following means of proof:

• 1)

  Certificate of non-existence of the death registration;

• 2)

  Certificate from the administrator or person in charge of the cemetery where the deceased was buried;

• 3)

  In the absence of what is indicated in the preceding numeral, one (1) of the following:

  • a)

    Statement of two (2) witnesses who are aware of the fact;

  • b)

    Certificate from the hospital or clinic where death occurred or the report from the Public Ministry;

  • c)

    Certificate from the funeral home where the wake was held;

  • d)

    Certificate of authorization for burial or inhumation issued by the Municipal Mayor's Office; and,

  • e)

    Certification of the judgment declaring the absence or presumed death.

REVIEW AND RESTORATION OF REGISTRATIONS AND ANNOTATIONS. The Civil Registrar shall review quarterly each of the registrations and annotations of the Civil Registry, in accordance with what is provided in this Law, with the purpose of verifying the status of the information. If it is found that one or more registrations are totally or partially destroyed or deteriorated, they shall request from the Departmental or Sectional Civil Officer the official restoration, which shall be ordered by means of a resolution, based on the documentary or digital information in the Institution's possession. TITLE V NATIONAL IDENTIFICATION CHAPTER UNIQUE NATURE OF IDENTIFICATION

NATURE OF THE IDENTIFICATION DOCUMENT. The Identity Card constitutes the personal and non-transferable identification document; it is mandatory for the citizen to be able to exercise all political, academic, civil, financial, administrative, judicial, notarial, police acts and in general for all those cases in which by legal mandate it must be presented. Hondurans registered in the National Registry of Persons (RNP), eighteen (18) years of age or older, have the obligation and the right to request, obtain and carry their Identity Card, following the procedure established in this Law and its Regulations.

IDENTIFICATION CARD FOR MINORS. The Identification Card for Minors is the personal and non-transferable document for those twelve (12) years of age and under eighteen (18) years of age, who are obligated to obtain it, carry it and present it when requested by the competent authority.

SECURITY MEASURES FOR IDENTIFICATION DOCUMENTS. The identity card and minor identification card shall contain the necessary information to identify their holder and shall be produced under modern technical procedures that guarantee maximum security, quality, and the non-transferability of their data and that reduce the possibility of alteration. The minor identification card shall have a special design, in accordance with what is established in the Regulations of this Law.

DEPRIVATION OF IDENTIFICATION DOCUMENTS. No Authority or private person may deprive a person of possession of their identity card. Notwithstanding, the National Registry of Persons or another competent Authority may order the seizure of any identity card that is illegally held by a person to whom it does not correspond. Any act that the illegal holder may have performed by using said document shall be null, without prejudice to the civil and criminal liability that corresponds. Violation of the provision of this article shall give rise to the corresponding criminal sanction.

REPORT ON ILLEGAL POSSESSION OF IDENTIFICATION DOCUMENTS. Whoever has knowledge that a person carries an identity card or minor identification card obtained improperly or fraudulently shall make a report to the competent Authority, so that the corresponding investigation may be conducted and the resolution that is appropriate may be issued, in accordance with law.

LOST IDENTIFICATION DOCUMENTS. Any natural or juridical person who finds an identity card or minor identification card shall deliver it immediately to the nearest Civil Registry Office.

CANCELLATION OF IDENTIFICATION DOCUMENTS. The cancellation of the identity card or minor identification card shall proceed in the following cases:

• 1)

  When it is proven that there is no coincidence between the identity of the person who carries it and the person to whom it corresponds according to the birth or naturalization registration in the respective Civil Registry;

• 2)

  It has been issued in violation of the provisions contained in this Law; and,

• 3)

  When there is evident error in the information contained in the identification documents.

NECROLOGY FILE. When the person dies, their information shall be excluded from the identity card or minor identification card issuance database and the information shall be transferred to a necrology file.

RENEWAL OF IDENTITY CARDS. The National Registry of Persons (RNP) shall be obligated to renew identity cards every ten (10) years.

EARLY REQUEST. Young people seventeen years (17) old may request their identity card, which shall be delivered starting from the day they turn eighteen (18) years old. Likewise and under the same conditions, young people older than sixteen (16) years who turn eighteen (18) years before the next general elections may request their identity card. This circumstance shall be noted in the respective password.

REQUEST FOR ISSUANCE OF IDENTITY CARD AND MINOR IDENTIFICATION CARD. The identity card and minor identification card shall be requested on an official form that the National Registry of Persons (RNP) shall prepare for this purpose, which shall contain, in addition to the pertinent personal information, the fingerprints of both hands and the photograph of the person whose identification is in question; if the person lacks one or both extremities, a note shall be made of such circumstance. Every Honduran minor under seventeen (17) years of age who requests their minor identification card for the first time and those older than nineteen (19) years who for the first time request their identity card, in addition to filling out the corresponding official form, are obligated to be accompanied by a relative within the fourth degree of consanguinity or second degree of affinity who in turn must carry their respective identity card for these purposes. Both the requesting Honduran and the accompanying relative shall sign and place their fingerprint from any finger of their hands. If the person lacks one or all of their fingers, a note shall be made of such circumstance. The accompanying person shall declare under solemn oath that they know the applicant well and that therefore they can assure that this person is indeed the holder of the birth registration that is being made and which serves as the basis for the issuance of the identity card or minor identification card. This requirement may be waived exclusively if there is already a previous record of fingerprints in the case of requesting an identity card. In the event that the applicant has no relatives due to death or because they are legally unknown, the testimony regarding their identity may be given by two (2) adults from the same domicile who shall act as witnesses of knowledge of the person appearing, under solemn oath.

GEOGRAPHIC IDENTIFICATION CODE. The geographic identification code, at the departmental and municipal level, is unique and must be used in a mandatory manner by all other official offices.

COMPOSITION OF THE IDENTITY NUMBER. The identity number of identification documents is based on a departmental and municipal geographic basis, combined with the year of registration and the sequential number of the order of annual birth registrations of each municipality. Notwithstanding, the National Registry of Persons (RNP) may create special codes in duly justified cases. The number constitutes the basis on which Society and the State identify the natural person for all legal purposes. By virtue of this, it shall be adopted mandatorily by all of its offices as the unique identification number.

VALIDITY AND EXTENSION OF THE IDENTITY CARD. The Identity Card shall have a validity of ten (10) years from its issuance, and may be extended for a single period of up to one (1) year, by agreement of the Director of the National Registry of Persons (RNP).

TYPES OF BOOKS. There shall be the following books: Original Book. It is that which the Director of the National Registry of Persons authorizes to register in chronological order the facts and acts of the civil status of natural persons; Copy Book. It is that which the Director of the National Registry of Persons authorizes and which is made up of the set of copies of the registrations made in the original book. Said books, at the end of the natural year, shall be closed with the registrations made as of that date; the unused pages shall be cancelled and the copy books shall be sent to the Central Archive in the first week of January of the following year. In the case of Municipal Civil Registries that use mechanized systems, both books shall be printed once all data has been entered into the system, which may only be modified in accordance with the Regulation. The sequential number shall be generated automatically by the system. Upon completion of a book, the following copy book shall be sent to the Central Archive within the following week, with the exception of the one in use at the end of the natural year, which shall be closed in the state in which it is on that date, being sent within the following week.

TYPES OF ARCHIVES. There shall be the following archives:

• 1)

  Central;

• 2)

  Municipal; and, 3) Auxiliary.

CONTENTS OF THE CENTRAL ARCHIVE. The Central Archive is formed by the following information and documents:

• 1)

  Copy books of the original books containing registrations of the facts and acts of the civil status of the natural person;

• 2)

  Copy books of the original books and documents of foreign nationals;

• 3)

  Copies of the resolutions issued by the Director of the National Registry of Persons, by the Departmental and Sectional Civil Officials, certifications of judicial sentences that have effect on the civil status of the natural person;

• 4)

  Communications of the annotations of the life file;

• 5)

  Files related to identification;

• 6)

  Microfilms of the Institution's registers and documents;

• 7)

  Copy of the electronic programs owned by the Institution;

• 8)

  Copy of the documents related to the civil status and identification of the natural person;

• 9)

  Administrative documents of the Institution;

• 10)

  Documents and historical information relating to the Institution and its functions;

• 11)

  Backup copies of the databases, duly audited and certified;

• 12)

  Statistical information; and 13) Others that the Institution deems necessary.

MUNICIPAL AND AUXILIARY ARCHIVES. The Municipal and Auxiliary Archives shall be formed by the original registrations of civil status, information related to the identification of persons within their respective jurisdiction, and communications related to changes in civil status.

PROHIBITIONS REGARDING ARCHIVES. It is prohibited to extract or permit the extraction of records, data, or documents from the archives for non-official use, except with express authorization from the Director of the National Registry of Persons, the competent Judge, or Prosecutor. The data archive administrator must comply with the technical and organizational measures approved to guarantee the security and confidentiality of information.

EXCHANGE OF INFORMATION. In the exchange of information between Public Institutions, the highest security standards shall be established and maintained. The bodies of security and defense of the State shall have the right to access the information contained in the databases, including access to reserved data.

DISCLOSURE OF INFORMATION. The information of the National Registry of Persons (RNP) is of a public character; however, its accessibility or disclosure shall be limited in cases where its use affects the image, honor, or personal or family privacy.

PUBLIC DATA. The following data are public and their disclosure shall not be subject to any restriction:

• 1)

  Names and surnames;

• 2)

  Identity Number;

• 3)

  Date of Birth or Death;

• 4)

  Sex;

• 5)

  Domicile, except the home address;

• 6)

  Profession, occupation, or trade;

• 7)

  Nationality; and, 8) Civil Status;

MICROFILMED OR ELECTRONIC REGISTRY. The registration and identification process may be carried out in microfilmed or electronic form. The statements or certifications of electronic registries with the signatures in the same form by the Registrars and General Director shall have legal validity.

ELECTRONIC FORMATION. Subject to what is prescribed in this Law, the National Registry of Persons (RNP) may authorize the electronic supply of information contained in its database, prior to the establishment and application of security measures and corresponding payment.

INTERNATIONAL JUDICIAL COLLABORATION. The transfer of personal data of any kind to Governments, International Organizations, or Private Institutions of other countries is prohibited, except when its purpose is international judicial collaboration, on the basis of the Law.

TRANSMISSION OF ELECTRONIC INFORMATION. Notwithstanding what is established in this Law, Notaries, Mayors, and Diplomatic and Consular Agents may optionally submit to the National Registry of Persons (RNP), in electronic form, the documentation relating to the civil status of persons that they must legally present for registration. For that purpose they must previously register their electronic signature before the General Secretary and comply with the security measures approved by the Management.

BACKUP COPIES. The central electronic databases shall be backed up with at least two copies, one of which shall be stored daily in the Central Archive and the other in safety deposit boxes of the Central Bank of Honduras, which shall be deposited weekly. The General Inspectorate shall supervise compliance with this provision.

LABOR REGIME. The officials and technical employees in the registration area of the National Registry of Persons (RNP), as a National Security Institution, and the process of their selection, shall be subject to a Special Regime of the Career of Officials and Employees of the National Registry of Persons which shall be established by the National Congress in a Law on the matter. Said Special Regime must respect the labor guarantees established in the Constitution of the Republic, such as stability in service, promotion, removal, leaves or permits, disciplinary rules, social protection, performance evaluation, salary policy, and other aspects related to personnel administration. Employees not included in the Special Regime shall be subject to the Civil Service Law.

ASSETS. The assets of the National Registry of Persons (RNP) shall be formed by:

• 1)

  The allocations established in the General Budget of Income and Expenses of the Republic;

• 2)

  Movable and immovable property acquired in any manner;

• 3)

  Income from the provision of its services;

• 4)

  Products and income from its property;

• 5)

  Inheritances, bequests, and donations; and,

• 6)

  Rights from any concept.

EXEMPTION. The National Registry of Persons (RNP) is exempt from the payment of all classes of taxes, fees, surtaxes, and consular rights, both national and municipal, in all acts and contracts it performs or executes, as well as on the goods and services it acquires.

PROHIBITIONS FOR OFFICIALS AND EMPLOYEES. The Director, Sub-Directors, officials, and employees of the National Registry of Persons (RNP) are prohibited from:

• 1)

  Participating in any political party activity;

• 2)

  Permitting the placement of any type of propaganda and advertising in the physical facilities of the Institution;

• 3)

  Using the physical facilities, equipment, and materials for activities unrelated to the purposes and objectives of the Institution;

• 4)

  Supplying private parties any type of information, documents, materials, equipment, and implements for exclusive use by the Institution;

• 5)

  Abstracting or destroying any type of information, documents, materials, equipment, and implements for exclusive use by the Institution;

• 6)

  Delivering passwords or forms without the support of the respective Identity Card application;

• 7)

  Delivering, maintaining, and retaining the materials used for the production of identity cards or for the issuance of certifications and statements;

• 8)

  Using improperly the name, initials, motto, emblem, art, design, and seals that identify the Institution, its products, and services;

• 9)

  Making improper use of another's access code to the database or permitting another to make improper use of one's own code;

• 10)

  Entering or permitting other persons to enter places declared as restricted without the respective authorization;

• 11)

  Ordering, issuing, delivering, or circulating fraudulent identity cards or providing them to those not entitled to them;

• 12)

  Custodying, handling, delivering, transporting, or distributing with negligence the documents concerning the registration or identification process, or failing to adopt the security precautions required to avoid the loss, abstraction, violation, or delay in delivery thereof;

• 13)

  Making changes of any kind to the databases, even temporary ones, without legitimate reasons and prior authorization;

• 14)

  Issuing documents without prior payment of the amounts established in the fee schedule;

• 15)

  Impeding the inspection, supervision, or control by officials or employees who have authority to do so;

• 16)

  Receiving gifts, gratuities, or personal benefits of any nature for the performance of their functions or for the conduct of their activities that correspond to them in accordance with the Law and its Regulations; and,

• 17)

  Others established in this Law and its Regulations. Violation of any item of this article shall give rise to the civil and criminal sanction that corresponds.

SUSPENSION AND DISMISSAL FROM OFFICE. Officials and employees of the National Registry of Persons (RNP) who fail to comply with the obligations and powers assigned to them by this Law or by Regulations shall be sanctioned with suspension from office without pay from one (1) to eight (8) days or with dismissal in accordance with the seriousness of the fault. The "Regime of the Career of Officials and Employees of the National Registry of Persons (RNP)" shall classify the types of faults.

FALSIFICATION OF PUBLIC DOCUMENTS. The alteration or falsification of the inscriptions and resolutions relating to civil status, the official identification documents of the natural person and the certifications thereof, as well as the registration information provided to the Supreme Electoral Tribunal (TSE), whatever the database, constitute the crime of falsification of public documents and shall be sanctioned in accordance with what is determined by the Penal Code.

SUBSIDIARY RESPONSIBILITY. The sanctions established in this chapter shall be applied to the offenders, without prejudice to the administrative, criminal or civil liability that may be applicable.

PERSONNEL EVALUATION. For the reorganization of the National Registry of Persons (RNP), the Board shall adopt all measures conducive to the professionalization of the human resources working in the National Registry of Persons (RNP), especially in the registry technical area, for which an evaluation shall be conducted by professionals or a firm of proven experience in the matter, which may be contracted directly for a maximum period of six (6) months from the effective date of this Decree. During the six (6) month period described above and prior to knowing the results of the evaluation, the officials and employees of the National Registry of Persons (RNP) may request their voluntary withdrawal from the Institution, to whom all their rights and indemnifications that legally correspond to them shall be recognized. The employees who pass the evaluation shall enter the career regime referred to in article 115, preserving their seniority and other labor rights. Within the same period, the Institution may determine the creation and/or modification of positions as well as transfers without violating the stability and salary level held by the official or employee. In the same manner it may determine the termination of the employment relationship in which case the employee shall have the right only to the payment of their labor benefits.

TRANSFER OF ASSETS. The assets and liabilities of the National Electoral Tribunal assigned to the National Registry of Persons (RNP) shall be transferred in ownership to the new National Registry of Persons (RNP), within a maximum period of sixty (60) calendar days counted from the effective date of this Law, prior to an inventory drawn up with the intervention of the Superior Court of Accounts.

PENDING PROCEEDINGS. The requests and claims presented prior to the effective date of this Law shall be processed and resolved in accordance with the provisions of the previous Law.

INSCRIPTIONS AND ACQUIRED RIGHTS. In the inscriptions of births made before the year 1984, the date in which the new registry system was authorized, the order of the surnames with which the person requested their identity card be issued shall be respected. When a birth certificate is issued, the technical annotation shall be recorded in the order in which the person uses their surnames.

VALIDATION OF INSCRIPTIONS. The inscriptions of the facts and acts that on the effective date of this Law are found in any of the following circumstances retain full validity:

• 1)

  Those that are registered in books and folios legally authorized, even though they are not signed nor sealed by the Municipal Secretary or Civil Registry Officer, as the case may be;

• 2)

  Those that are registered in Original Books not authorized, but that are signed by the person appearing and the witnesses; signed, sealed or not by the Municipal Secretary or Civil Registry Officer, as the case may be;

• 3)

  Those that are originally registered in Copy Books, authorized or not, in the possession of the National Registry of Persons (RNP); signed by the person appearing and witnesses; signed, sealed or not, by the Municipal Secretary or Civil Registry Officer, as the case may be; and,

• 4)

  Those that are registered with all legal requirements in the Books authorized to register another fact or act of civil status. For purposes of numerals 2 and 3 of this article, those inscriptions entered in non-authorized folios that were added to the Books shall have no validity.

TEMPORARY GRATUITY. Until the fee schedule of the National Registry of Persons (RNP) is approved, all services subject to charges shall be free of charge.

IDENTIFICATION OF MINORS. The National Registry of Persons (RNP) shall begin the process of identification of minors within a maximum period of three (3) years, counted from the effective date of this Law, with the obligation to require their presentation being suspended in the meantime.

REGULATIONS. This Law must be regulated within a maximum period of ninety (90) days, counted from the date of its effective date.

JURISDICTION OF ADMINISTRATIVE CONTENTIOUS MATTERS. In the controversies that arise between the National Registry of Persons and individuals, as well as in the actions arising from the termination of employment, the provisions of the Law on the jurisdiction of Administrative Contentious Matters shall be applied. Against the resolutions of the Director, an appeal may be filed before the Board.

REMEDIES AGAINST RESOLUTIONS. Against the resolutions issued by the Registrars and Civil Officers, interested parties may appeal for reconsideration and subsidiary appeal, which shall be processed in accordance with what is established in the Law of Administrative Procedure. Against the resolutions of the Director, no remedy other than reconsideration shall be available, and once this is resolved, the administrative remedy shall be deemed exhausted.

INTER-INSTITUTIONAL COOPERATION. Public Institutions are obligated to cooperate with the National Registry of Persons (RNP) for the fulfillment of this Law.

EXECUTIVE TITLE. The certified statement of account by the Director of the National Registry of Persons (RNP), in which charges are established against third parties for fines or any other concept, shall have the character of an Executive Title.

REPEAL. The Law of the National Registry of Persons (RNP), issued by legislative decree No. 150-82, dated November 17, 1982 and its amendments, is hereby repealed.

EFFECTIVE DATE. This Law shall enter into force as of the date of its publication in the Official Gazette "La Gaceta". Done in the city of Tegucigalpa, Municipality of the Central District, in the Session Hall of the National Congress, on the eleventh day of the month of May of two thousand four. PORFIRIO LOBO SOSA President JUAN ORLANDO HERNÁNDEZ A. Secretary ÁNGEL ALFONSO PAZ LÓPEZ Secretary