Regulation on Administrative Procedures for Funds for Aid, Donations, and Scholarships of the Public Service Directorate 2013
Congreso Nacional
- Decree: 053-2013
- Published: April 16, 2013
- Issuing body: Congreso Nacional
- Gazette: 33,103
- Category: Administrative
Summary
This regulation establishes how the Presidential Office's State Secretariat manages funds for social assistance, donations, and scholarships aimed at low-income individuals, schools, and non-profit organizations. It defines who can apply, what documents are required, and how these resources are approved and monitored based on available budget.
Considerations
That within the powers and duties common to the Secretaries of State, is the power to issue regulations for the internal organization of their respective offices, issue agreements and resolutions in matters of their competence and those delegated to them by the President of the Republic, and oversee their execution, exercise superior administration, direction, inspection and safeguarding of movable and immovable property and assets assigned to the Secretariat of State and, authorize expenditures of the Secretariat of State and intervene in the processing of additional allocations and other modifications to the respective budget, all of which is expressly contained in numerals 6, 8, 10 and 12 of Article 36 of the General Law of Public Administration.
That in accordance with the law, it is provided that institutions and bodies of the public sector shall establish and utilize the funds allocated for social assistance or donations according to the needs of actual management and, the entities shall develop their own guidelines and internal regulations, in which shall be established the requirements and internal regulations for its correct application.
That the Secretariat of State of the Presidential Office must approve the "INTERNAL REGULATION FOR THE ADMINISTRATION OF FUNDS FOR SOCIAL ASSISTANCE, DONATIONS AND SCHOLARSHIPS," in order to create a norm of an internal regulatory character, which responds to the need to have an adequate legal framework for the exercise of the powers of this Secretariat of State in this matter, therefore, the same must be approved by Executive Ministerial Agreement.
That it is in the public interest to have regulatory provisions issued by the Public Administration, ensuring equity and optimal use of state resources for the benefit of individuals with limited economic resources, public and private educational centers duly registered, boards of trustees, foundations, civil associations without profit motive, Religious Centers and other institutions that promote support and social assistance and others, that carry out activities for the benefit of improving or living conditions of the population.
That the holder of Executive Power is exercised by the President of the Republic and, within its bodies, possesses the Secretariats of State, which are empowered to issue regulations within the scope of their competence.
Articles
All goods, services, and works acquired with funds from this Loan Contract and national funds are exempted from all types of tariff levies, sales tax, contributions, fees, services charges, and any other charge that burdens imports or local purchases.
This Decree shall enter into force from the day 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 twenty-seventh day of the month of February of two thousand thirteen. LENA KARYN GUTIÉRREZ ARÉVALO PRESIDENT RIGOBERTO CHANG CASTILLO SECRETARY MILTON JESUS PUERTO OSEGUERA SECRETARY To the Executive Branch. Therefore: Let it be executed. Tegucigalpa, M.D.C., April 16, 2013. PORFIRIO LOBO SOSA PRESIDENT OF THE REPUBLIC THE SECRETARY OF STATE IN THE OFFICE OF FINANCE WILFREDO CERRATO RODRÍGUEZ No. 33,103 Executive Branch (EXECUTIVE AGREEMENT NUMBER 053-DP-2013) ASSIGNED TO THE PRESIDENCY OF THE REPUBLIC, IN CHARGE OF THE SECRETARY OF STATE OF THE PRESIDENTIAL OFFICE, CONSIDERING: That within the powers and duties common to the Secretaries of State is the issuance of internal organization regulations of their respective offices, issuing agreements and resolutions in matters of their competence and those delegated to them by the President of the Republic, and ensuring their execution, exercising superior administration, direction, inspection and safeguarding of movable and immovable property and assets assigned to the Secretary of State and ordering the expenses of the Secretary of State and intervening in the processing of additional allocations and other modifications of the respective budget, all of which is expressly contained in numerals 6, 8, 10 and 12 of Article 36 of the General Law of Public Administration. CONSIDERING: That in accordance with the law, it is provided that institutions and organizations of the public sector shall establish and use funds allocated for social aid or donations in accordance with the needs of real management, and entities shall prepare their own internal instructions and regulations, in which the requirements and internal standards for their correct application shall be established. CONSIDERING: That the Secretary of State of the Presidential Office must approve the "INTERNAL REGULATION FOR THE ADMINISTRATION OF FUNDS FOR SOCIAL AID, DONATIONS AND SCHOLARSHIPS," in order to create a norm of an internal regulatory character, which responds to the need to have an adequate legal framework for the exercise of the powers of this Secretary of State in this matter, therefore, it must be approved through Ministerial Executive Agreement. CONSIDERING: That it is in the public interest to have regulatory norms from the Public Administration, ensuring equity and optimal use of state resources for the benefit of natural persons with limited economic resources, public and private educational centers duly registered, patronatos, foundations, civil associations without profit purposes, Religious Centers and other institutions that promote support and social assistance and others, that carry out activities for the benefit of improving or conditions of life of the population. CONSIDERING: That the provisions of this Internal Regulation are of public order and, consequently, their observance is mandatory for all personnel working in this Secretary of State. CONSIDERING: That the authority of the Executive Power is exercised by the President of the Republic and possesses within its organs the Secretaries of State, which are authorized to issue regulations within their area of competence. THEREFORE; Using the powers vested in him and in application of articles 7, numerals 6, 8, 10 and 12 of Article 36, 116, 117, 118 and 122 and other applicable provisions of the General Law of Public Administration. AGREES: FIRST: To approve this "INTERNAL REGULATION FOR THE ADMINISTRATION OF FUNDS FOR SOCIAL AID, DONATIONS AND SCHOLARSHIPS OF THE SECRETARY OF STATE OF THE PRESIDENTIAL OFFICE," which is transcribed literally below, for all corresponding legal purposes: "INTERNAL REGULATION FOR THE ADMINISTRATION OF FUNDS FOR SOCIAL AID, DONATIONS AND SCHOLARSHIPS OF THE SECRETARY OF STATE OF THE PRESIDENTIAL OFFICE" CHAPTER I OF THE PURPOSE AND ITS OBJECTIVES
This Internal Regulation has the purpose of promoting the administration of funds for relief, social aid or donations and scholarships that are neither permanent nor mandatory in nature, for natural persons with limited economic resources, public and private educational centers duly registered, patronatos, foundations, civil associations without profit purposes, Religious Centers and other institutions that promote support and social assistance and others, in order to contribute to the improvement of their limited conditions and to respond promptly to their stated needs.
This Internal Regulation has the following Objectives: a. To regulate the management, control and allocation of resources available in the budget approved to the Secretary of State of the Presidential Office for relief, special aid or donations and scholarships. b. To attend to the demand for support from requests for social aid, donations and scholarships, within the framework of the budgetary capabilities of the Secretary of State of the Presidential Office, in support of situations related to acquisition of medicines, exams or surgeries, medical equipment or materials, funerals or transportation, construction and educational materials, material damages in their capacity as affected by natural disasters for home repair or to undertake small businesses, and others that qualify according to the state of need presented by the population. CHAPTER II OF THE BENEFICIARIES
Beneficiaries of the budgetary resources available for Social Aid, donations and scholarships from the Approved Budget shall be all natural persons with limited economic resources, Public or Private Educational Centers, Patronatos, Foundations and Civil Associations without profit purposes, Religious Centers, other institutions that promote support and social assistance and others, employees of this Secretary of State may also apply provided they have a socioeconomic ruling from the Human Resources Sub-management regarding their current condition of economic income and the particular case or need that requires attention.
The minimum required documentation that must be presented to the Secretariat of State of the Presidential Office, regarding the requested social assistance, donation or scholarship, shall be the following:
- a)
Natural Persons shall submit a written request stating the reason for the Social Assistance, donations or scholarships, accompanied by the following documents: copy of Identity Card, prescription document or proof of purchase of medicines, examinations or surgery, tickets, equipment or materials required for housing or estimated budget for undertaking small businesses, death certificate or proof of death of family members, updated enrollment certificate, Certification of Studies or other supporting documents according to the particular case.
- b)
Public or Private Educational Center shall submit a written request stating the reason for the Social Assistance, donation or scholarship, accompanied by the following documents: Certificate of active operation from the District or Departmental Directorate of the Ministry of Education; itemized list of quantities and estimated costs of materials for the activity and/or project to be carried out at the Educational Center.
- c)
Patronages, Foundations or Civil Associations without profit motive shall submit a written request stating the reason for the Social Assistance, donation or scholarship, accompanied by the following documents: authenticated copy of legal status and current Certificate from the Unit of Registration and Monitoring of Civil Associations (URSAC), itemized list of quantities and estimated costs of materials for the activity and/or social project to be carried out in the community.
- d)
Religious Centers shall submit the written request of the purpose of Social Assistance, donation or scholarship, with name, signature and seal by the responsible authority of the Parish or Religious Center for the development of projects and activities that have been scheduled.
- e)
Other institutions that promote programs and projects for social assistance or of the most vulnerable sectors shall submit the written request of the purpose of Social Assistance, donation or scholarship, with name, signature and seal by the responsible authority of the institution in question, the legal documents of the institution and its representatives and any other that may be required to support what is requested. The Secretariat of State of the Presidential Office may require any additional documentation to that related in the previous paragraphs, which it deems appropriate or necessary to support the petition. CHAPTER III OF THE APPROVAL OF FUNDS
Every request for Social Assistance, donation or scholarship must be presented in person, at the places and times that the Secretariat of State establishes for attention. For reasons of force majeure qualified by this Secretariat of State, the submission of the request by third parties shall be permitted; however, the delivery of the assistance is reserved for the direct beneficiary or corresponding legal representative or appointed for that purpose, in legal and proper form. To be subject to resources for social assistance, donations or scholarships, which do not have a permanent or mandatory character, the documentation attached to the written request submitted by natural persons of limited resources, public and private educational centers, foundations, civil associations without profit motive and others, must be trustworthy and presented without erasures or strikethroughs relating to the requested assistance or donation.
The Secretariat of State of the Presidential Office shall receive and transfer to the Administrative Management, the requests for scholarships and social assistance or donations for analysis and subsequent corresponding administrative and legal proceedings, prior written authorization of processing from the head of this Secretariat of State.
The Secretariat of State of the Presidential Office reserves the right to approve the final amounts or, in its case, to reject the scholarship, donation or social assistance requested, in accordance with the analysis of the documentation presented, all of which shall depend on each particular case and on budget availability. CHAPTER IV OF THE BUDGET
For the approval of requests for social assistance, donation or scholarship, the Secretariat of State of the Presidential Office must have the available budget approved in the General Budget of Income and Expenses of the Republic, without prejudice to the powers to effect transfers between budget allocations established by the Organic Law of the Budget.
The approved amounts in relation to applications for donations, scholarships or social assistance presented do not imply or require the provision of goods or services in return, and the amounts received shall not be reimbursed by the beneficiaries, under any modality or condition, without prejudice to the cooperation agreement that may be executed providing for the fulfillment of obligations by the beneficiary party. CHAPTER V OF ADMINISTRATION
For the budgetary fund transferred from the General Treasury of the Republic for approval of applications for social assistance, donations or scholarships charged to the budget of the Secretariat of State of the Presidential Office, a checking account shall be opened at the Central Bank of Honduras in the name of the Secretariat of State of the Presidential Office, registering the signatures of the Secretary of State and Administrative Manager, or, failing that, of the Undersecretary and the Administrative Manager, respectively.
The officials indicated in the previous article, responsible for the administration of the funds, must provide security for the management thereof; the amount of such security shall be set in the proportion established by the Organic Law of the Superior Court of Accounts and the Regulation of that Law. CHAPTER VI OF CONTROL AND LIQUIDATION OF FUNDS
The Administrative Management shall process, against the account, the application and supporting documentation of the application for donations, scholarships or social assistance, the amounts approved and delivered for these purposes, for which it shall deliver to the Secretary of State of the Presidential Office, the report of applications for social assistance, donations or scholarships delivered, no later than 15 days after the end of each quarter.
The Secretariat of State of the Presidential Office, through the Internal Audit Units, shall be responsible for conducting audits and exercising the controls necessary in the administration of the funds subject to this Internal Regulation. CHAPTER VII GENERAL PROVISIONS
For reasons of unforeseen budget cuts or limitations or case of force majeure or act of God, the Secretariat of State of the Presidential Office may suspend or cancel the benefit granted or recognized, without liability on its part, an extreme that must be expressly provided for in the agreements executed.
That which is not provided for in this Regulation shall be resolved by internal disposition and decision of the Secretariat of State, taking into account in all cases what is established in the Laws that govern the administration of State resources, in force and those that may be approved in the future. SECOND: This Regulation is of immediate execution and shall enter into force as of its date. Done at the Central Offices of the Secretariat of State of the Presidential Office, in the city of Tegucigalpa, Municipality of the Central District, on the second (2) day of the month of April of the year two thousand thirteen (2013). LET IT BE KNOWN. MARÍA ANTONIETA GUILLÉN VÁSQUEZ DESIGNATED TO THE PRESIDENCY OF THE REPUBLIC IN CHARGE OF THE SECRETARIAT OF STATE OF THE PRESIDENTIAL OFFICE JOSÉ ROBERTO ZACAPA GENERAL SECRETARY SECRETARIAT OF STATE OF THE PRESIDENTIAL OFFICE
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