Key Benefits:
(Summit No. 29 of 24 May 2005 of the People's Government of Honduran Province considered the adoption of the Decree No. 83 of 5 August 2005 of the People's Government Order No. 83 of 5 August 2005 which came into force on 1 September 2005) Chapter I General Article 1 establishes this approach in conjunction with the relevant laws, regulations, in order to regulate the development of business activities in the landscape area, to guarantee the legitimate rights and interests of national interests, public interests and project licensors in the landscape area. Article 2, this approach applies to the licensing and supervision of management activities of projects at the local level of the administrative region of my province. Article III of this approach refers to activities that involve investments in the whole or individual projects in the landscape area, in accordance with specific procedures, legal standards and conditions. Concessional projects include infrastructure construction and maintenance, transportation (labile, ship fleet, cruise, Soto, etc.), stream and necessary catering, accommodation, commodity sales, recreation, photographs, cameras and tourist services. Religious activities may not be included in the scope of the licence operation. Article IV should be designed by law. The overall planning and control details of the wind elite area are not approved and the development and implementation of concessions are prohibited. The project for the implementation of a licence operation should be in accordance with approved planning and submitted in accordance with the prescribed procedures. Article 5 Successive resources are owned by the State and cannot be made in violation of the relevant national legislation or transposed resources and land in the landscape. The asset generated by State investment in the context of the licence operation is owned by the State, and the right to ownership and benefits may be managed by the licensor, for example, by the leasing. Article 6. Concession operators, during the period of the licence operation, are planning to update, rehabilitate and build the human landscape and other facilities within the limits of the licence and are not reimbursed by the Government after the expiry or termination of the licence. Article 7. The delegation of authority for project concessions (hereinafter referred to as the right to operate) in the area of the landscape (the State, the Land) People's Government (Bangko), the Government of the District (the city) or its established executive authority, the management of the landscape area (hereinafter referred to as the subject of the authority). Article 8. Provincial executive authorities are responsible for the guidance and supervision of project concessions across the provincial landscape area. More than the district-level construction of administrative authorities responsible for the specific implementation and supervision of the licence operation projects, either at the location of the landscape of the LLN or at the location where the management body has not yet been established. In accordance with their respective responsibilities, the relevant administrative authorities carry out oversight of the licence activity. Chapter II Concessions Article 9. Concessions of projects in the area of wind poles may take the following: (i) The maximum duration of the entire project is 20 years. During the period of the licence operation, the licensor could invest in all development and business-related projects within the overall planning and control of the wind elite area, which were transferred to the Government after the expiration of the licence agreement. (ii) The maximum period for the operation of individual projects is 15 years. During the period of the licence operation, the licensor could build, operate on a single development or business project within the scope of the overall planning and control of the landscape area, after the expiration of the licence agreement, without pay to the Government. Article 10 The Concession Programme for projects in the country's focus area should be organized by the provincial authorities to organize the relevant departments and experts for feasibility and approval. The provincial, district (communication) project licence programme in the area of excellence should be organized and submitted to the Provincial Authority for the establishment of a feasibility argument and approval by relevant departments and experts. Article 11 Authorizes the subject to determine the concessionaire by virtue of the solicitation tender law. Development plans should include protection measures, planning implementation, project setting, investment plans, investment analysis, marketing strategies, and development objectives. By virtue of legal solicitation, the State's priority landscape is not to be determined by the licensee, with the approval of the Provincial People's Government, the provincial, district (commune) landscapes are authorized by the provincial executive authorities to authorize the subject to other fair competition to grant the operator's right to operate. Article 12. The tenderer of the licence shall have the following conditions: (i) The subject of the statutory tenderer; (ii) A complete and viable development plan; (iii) Technical, operational heads have corresponding experience and performance, and other key jobs have the corresponding capacity to work; (iv) The corresponding funds, equipment and facilities; (v) No record of misstatement. Article 13 authorizes the subject to enter into a licence agreement with the marker or the licensee established by law. The licence agreement shall include the following: (i) Project name, content; (ii) Scope, modalities and duration of the licence operation; (iii) The manner in which the cheque was collected; (iv) Measures and funds for resource protection, ecological construction; (v) Number, quality and standards of products or services; (vi) The duration and manner of financing; (vii) The way in which the debt is addressed; (viii) Modalities and criteria for royalties; (ix) The protection of resources and the disposition of assets in the event of the recovery and termination of the licence; (x) Modalities, procedures and procedures for the successful recovery of projects by the Government; (xi) Liability for default; (xii) Dispute settlement; (xiii) Other matters to be agreed by both parties. The draft State-focused operation agreement in the area of excellence, which was approved by the provincial executive authorities, was signed by the author and the concessionaire. The draft licence agreement for provincial, district (community) polar areas is submitted to the Provincial Authority for the construction of administrative authorities after the authorization of the subject is concluded with the concessionaire. Article 15. Provincial executive authorities shall decide on 20 days from the date of receipt of the draft licence agreement for a country-focused landscape area. No decision could be taken within 20 days, with the approval of the head of the executive branch, 10 days could be extended and the reasons for the extension should be communicated to the administrative relative. Article 16 licensors with a licence to operate shall pay royalties. The criteria for royalties for royalties are established by provincial executives with provincial financial and price authorities. The royalties are charged by the authorized subjects and incorporated into the budgets of the same local financial fund for the protection, planning, construction and management of the automated areas. Concessional royalties for the newly established landscape area project, which was approved by the concessional operating royalty-using standard, could be reduced and distributed within five years after granting the licence. Article 17 The price of the door is established and adjusted by law by the price authorities. Article 18 licensors are autonomous, self-responsive and risk within the framework of the licence agreement and no unit or individual may interfere unlawfully. During the licence operation, the licensor shall make an application to the authorized subject and, if approved, terminate the licence in advance. Article 20 authorizes the subject to re-election of the licensee in accordance with article 11 of this approach when the right to work expires. In re-election of the licensor, the original operator has priority under the same conditions. Article 21, the licensor shall not dispose of the right to operate, such as transfer, rental, quality, and the resources of the landscape. Chapter III Oversight management Article 22 Authorizes the subject to monitor the conduct of the concessionaire: (i) To protect the resources of the landscape from harm; (ii) Provision of safe, quality and stable services in accordance with national or industrial standards, and universal services; (iii) Planning maintenance, updating, adaptation or new landscapes; (iv) Improvement of public-use facilities, such as lobbying, water supply, electricity, sewage and sanitation, by planning; (v) The price authorities are required by law. Article 23 Authorizes the subject to fulfil the following obligations: (i) The preparation of solicitation documents and the organization of tenders; (ii) To monitor the implementation of statutory obligations by the licensee and the granting of a licence to implement the development plan; (iii) To receive and respond to complaints against the concessionaire; (iv) The development of temporary responses to emergencies. Article 24: The licensor has one of the following acts in the course of the operation, which authorizes the subject to be responsible for changes in the duration of the period of time; overdue, with the authorization of the subject to a temporary takeover: (i) Authorize the exercise of the right to operate, the optimum resources or changes in the content of the licence; (ii) The unauthorized suspension, the impact of the chewing on public interest and public safety; (iii) The operation is a grave breach of the provisions or the operating facilities, security facilities are not in accordance with the standards or there is a security cover. Article 25 Concessions are temporarily taken over or terminated in advance, and the original licensor shall, within the time specified by the authorized subject, maintain the assets, archives necessary for the normal operation of the licence operation. Prior to the authorization of the subject to take over, the licensor shall perform its duties and maintain its normal operation at the request of the authorized subject. Article 26 Authorizes the subject matter to carry out an assessment of the licensor every two years, in accordance with article 22 of this approach. The executive authorities and the authorized subjects shall not impede the lawful operation of the concessionaire when monitoring, inspection is conducted. Article 27 provides for government pricing or guidance on the products, service prices of the licence operation project, which is developed and adjusted by the price authorities in accordance with the law. Chapter IV Legal responsibility Article twenty-eighth licensor has an act under article 24 of this scheme, which has been authorized by the subject to a temporary takeover, which is not permitted to operate under the licence of the project in my province within three years from the date of the takingover. Article 29, in violation of this approach, a licensor consists of one of the following acts, which have not yet been committed by a authorized subject or other relevant department responsible for a period of time, restitution, compensation for economic losses, and a fine of up to 30,000 yen; and, in the event of a serious nature, the withdrawal of a licence authority: (i) Distortion or loss of pre-existing scientific values in business activities; (ii) The construction of the approved landscape area. Article 33, in violation of this approach, a licensor consists of one of the following acts, which have not yet been committed, being modified by the authorization of the subject or by other relevant departments, with a fine of up to 30,000 dollars; and, in the event of serious circumstances, the withdrawal of a licence authority: (i) No development plans have been implemented in two years; (ii) The payment of royalties as prescribed; (iii) In violation of article 21 of this approach, or unauthorized disposal of royalties or wind resources; (iv) Recurrent changes in the content of the licence operation; (v) The unauthorized suspension, the impact of the chewing on public interest and public safety; (vi) The operation is a grave breach of the provision that the operating facilities, security facilities are incompatible with the standards or there is a clear security hidden. Article 31 authorizes one of the principals to be responsibly corrected by their superior administrative organs; it is not yet a crime and administratively disposed of by law to the competent and other persons directly responsible: (i) The development and implementation of concessional operations, pending approval of the overall planning and control of the landscape area; (ii) The granting of the right of a licence to a applicant who is not in accordance with the statutory conditions, or the extension of the right to a licence; (iii) For projects consistent with the terms of tendering, the licensee has not been solicited or is not chosen by the solicitation. Article 32 Governments and their relevant authorities do not perform or fail to properly perform oversight functions for projects in the area of wind landscapes, resulting in the destruction of the ecological environment, loss of State assets, or infringement of the legitimate rights and interests of the administrative relative, which are modified by the superior administrative authority or by the supervisory authority; the failure to constitute an offence and the administrative disposal of the competent and other direct responsible personnel directly responsible. Article 33 Authorized staff members of the subject matter to take advantage of private fraud, abuse of authority, which is not a crime and have been subject to administrative disposition by law. Chapter V Article 34 of this approach is implemented effective 1 September 2005. |
