7. INVESTORS GUIDE HN - LEGAL ASPECTS AND INCENTIVES

7. INVESTORS GUIDE HN - LEGAL ASPECTS AND INCENTIVES

INVESTOR'S GUIDE HONDURAS 2020 - 2021

7

LEGAL ASPECTS AND INCENTIVES

CONTENT

7.1 7.2 7.3 7.4 7.5 7.6

HONDURAN INSTITUTE FORMIGRATION HONDURAN SOCIAL SECURITY INSTITUTE (IHSS) NATIONAL INSTITUTE FOR PROFESSIONAL TRAINING (INFOP) PRIVATE CONTRIBUTIONS REGIME (RAP) MINISTRYOF LABOR AND SOCIAL SECURITY (STSS) INCENTIVE REGIMES FOR EMPLOYMENT GENERATION

7. LEGAL ASPECTS AND INCENTIVES

INVESTOR'S GUIDE HONDURAS 2020 - 2021

j. A copy of the current operation permit, authenticated by a notary public. k. Certification from the Revenue Administration Service (SAR), of having started operations and the activity of the commercial establishment. l. Profit/loss statements and balance sheets authorized by a chartered accountant, with the corresponding stamps and professional seal. m. Payment of the corresponding special stay permit fee for each year: One Hundred American Dollars (US$100.00) per person. n. Payment of the corresponding fee for certificates, certifications or statements: Two Hundred Lempiras (L. 200.00). o. Sketch map and photograph of the commercial establishment *All the documents from abroad must be duly legalized. Those authorized in a foreign language must be officially translated by the Ministry of Foreign Affairs or the consulates of Honduras. SPECIAL STAY PERMIT FOR FOREIGNERS EMPLOYED BY CONTRACT The authorization granted by the National Institute of Migration, to foreigners hired as temporary employees by a natural person or legal entity. Who performs the procedure? The Legal Proxy Where Is It Done? The National Institute of Migration Cost: US$100 per year + L. 200.00 for the certification Average Time: 30 business days

7. 1 HONDURAN INSTITUTE FOR MIGRATION The purpose of this Law is to regulate the State’s migration policy, the entry and exit of nationals and foreigners, the latter’s stay in Honduran territory, and the issuance of migration documents. 7.1.1 SPECIAL STAY PERMIT FOR BUSINESSPERSON The National Institute of Migration indicates that foreigners applying for a special permit in the category of businessmen, on the basis of the provisions of article 39 of the Law for Migration and Foreign Affairs; and articles 42, 43, 69, 70 and 127 of the Regulations of the same Law, must meet the following requirements: Who performs the procedure? The Legal Proxy Where Is It Done? The National Institute of Migration Cost: US$100 per year + L. 200.00 for the certification Average Time: 30 business days REQUIREMENTS: a. Each petitioner must submit a request to the Head of the National Institute for Migration. The request must contain an address and telephone number of the foreigner and of the Legal Representative. b. Stamps required by law duly cancelled and adhered to the application. c. Authenticated Power of Attorney containing Legal proxy general information, the powers with which she/he is invested, address, phone, fax number and e-mail. d. The applicant and each relative will present a recent photograph (six (6) centimetres tall by five (5) centimetres wide) taken from the front. The name of each person must be indicated on the back of the photograph. e. Certificate of the criminal record of the country of origin and country of last residence, duly authenticated. f. If older than eighteen (18) years, original certification issued by the Investigation Police Directorate (DPI, for its acronym in Spanish) of not having complaints against or criminal record. g. Medical certification not older than six (6) months from the date of submission of the application. h. A copy of passport, duly authenticated i. A copy of the Declaration as a Merchant, or the company´s Articles of Incorporation, duly authenticated.

7. LEGAL ASPECTS AND INCENTIVES

INVESTOR'S GUIDE HONDURAS 2020 - 2021

REQUIREMENTS a. Each petitioner must submit a request to the Head of the National Institute for Migration. The request must contain an address and telephone number of the foreigner and the Legal proxy. b. Stamps required by law duly cancelled adhered to application. c. Provide in the application, the address and telephone number of the petioner. d. Authenticated Power of Attorney containing the general information of the Legal proxy, the powers with which she/he is invested, address, phone, fax number and e-mail. e. The applicant and each relative shall present a recent photograph [six (6) centimetres tall by five (5) centimetres wide] taken from the front. Write name of each on back of the photograph, as appropriate. f. Certificate of the criminal record of the country of origin and country of last residence, duly authenticated, where applicable. g. Original certification issued by the Investigation Police Directorate (DPI, for its acronym in Spanish) of not having complaints against or criminal record. h. Medical certification not older than six (6) months from the date of submission of the application. i. A copy of passport, duly authenticated j. Any other information or document required by the Directorate-General for Migration and Foreign Affairs. k. Employment contract issued by the private company hiring the foreign worker with the signatures duly authenticated by a notary public. l. Certification issued by the employer declaring responsibility for the sustenance of the foreign worker during stay, for departure from the country at the expiration of the permit, and notifying the National Institute of Migration of the termination of the employment relationship. m. Certification issued by the Ministry of Labor and Social Security, stating that the employer complies with Article 137 of the Constitution of the Republic, and Article 11 of the Labor Code with respect to foreign workers. n. Accreditation of foreign educational or vocational or technical training institutions, duly authenticated, that the applicant has the capacity and knowledge of the work to be performed (diplomas or certificates). o. A copy of the Declaration as a Merchant, or the company Articles of Incorporation, duly authenticated.

7. LEGAL ASPECTS AND INCENTIVES

INVESTOR'S GUIDE HONDURAS 2020 - 2021

d. Authenticated Power of Attorney containing the general information of the Legal proxy, the powers with which she/he is invested, address, phone, fax number and e-mail e. The applicant and each of his relatives shall present a recent photograph [six (6) centimetres tall by five (5) centimetres wide] taken from the front. Write name of each on back of the photograph, as appropriate. f. Certificate of the criminal record of the country of origin and country of last residence, duly authenticated, where applicable. g. If over 18 years old, original certification issued by the Investigation Police Directorate (DPI, for its acronym in Spanish) of not having complaints against or criminal record. h. Medical certification not older than six (6) months from the date of submission of the application. i. Copy of passport, duly authenticated j. Any other information or document required by the Directorate-General for Migration and Foreign Affairs. k. Certification issued by the employer declaring responsability for the sustenance of the foreign worker during stay, and departure of the country at the expiration of the permit. l. Proof of marriage or De Facto union by means of a certified document; m. Proof of kinship by means of an authenticated document. n. Evidence of dependency of older children by means of authenticated document. o. Proof of financial solvency of the foreigner who enjoys the special stay permit. p. Payment of the corresponding special stay permit fee for each year: One Hundred American Dollars (US$100.00) per person. q. Payment of the corresponding fee for certificates, certifications or statements: Two Hundred Lempiras (L. 200.00). *All documents coming from abroad must be presented duly legalized and those authorized in foreign language officially translated by the Ministry of Foreign Affairs and International Cooperation or the Consulate of Honduras.

p. A copy of the current operation permit, authenticated by a notary public. q. Certification from the Revenue Administration Service (SAR), of having started operations and the activity of the commercial establishment. r. Statement of results and balance sheets authorized by a registered accountant, with the corresponding stamps and professional seal. s. Payment of the corresponding special stay permit fee for each year: One Hundred American Dollars (US$100.00) per person. t. Payment of the corresponding fee for certificates, certifications or statements: Two Hundred Lempiras (L. 200.00) *The Free Zone does not require an operation permit or certification of SAR. Must submit a resolution of being registered in ZOLI mechanism. *All the documents from abroad must be duly legalized. Those authorized in a foreign language must be officially translated by the Ministry of Foreign Affairs and International Cooperation, or the consulates of Honduras. SPECIAL STAY PERMIT FOR FOREIGN ECONOMIC DEPENDENTS The authorization granted by the National Institute for Migration and Foreign Affairs to the spouse and children, minors or adult dependents, and the grandparents of the persons mentioned above. Who performs the procedure? The Legal Proxy Where Is It Done? The National Institute of Migration Cost: US$100 per year + L. 200.00 for the certification Average Time: 30 business days REQUIREMENTS a. Each petitioner must submit a request to the Head of the National Institute for Migration. b. Stamps required by law duly cancelled adhered to application. c. Provide in the application, the address and telephone number of the petioner.

7. LEGAL ASPECTS AND INCENTIVES

INVESTOR'S GUIDE HONDURAS 2020 - 2021

SPECIAL PERMIT REQUIREMENTS BY CATEGORY FOR ONLINE APPLICATION - SECRETARY GENERAL How to complete the procedure? a. The interested party or legal representative must complete request on the migration platform called Online Application through Immigration Care (ALAM, for its acronym in Spanish), which is designated for procedures of Secretary General and Management of Foreigners. b. After submitting the request through the ALAM platform, the request is assigned to a Legal Officer, who communicates directly by e-mail with the interested party. c. The Legal Officer approves or disapproves the application and notifies the interested party or legal representative. d. If the application is not approved, the interested party or legal representative has a maximum of 10 days to file any outstanding documents that the Legal Officer requests. Average Time: 20 dyas GENERAL REQUIREMENTS: Below, a description of all the general requirements necessary to apply to a Special Permit and which are complemented with the specific requirements according to the type of category applying for:

SPECIAL REQUIREMENTS ACCORDING TO CATEGORY: In addition to the general requirements described above, the information must be completed with the following requirements

according to the category that applies: CATEGORY OF SPECIAL STAY PERMIT (OFFICE OF SECRETARY GENERAL)

NO. 8

DESCRIPTION OF THE REQUIREMENT Copy of Articles of Incorporation, authenticated by Notary Public Employment contract, notarized

HOWTO SUBMIT IT Where applicable Only for contracts with private enterprises and public law entities Centralized and decentralized state institutions, international organizations, foreign governments Only for students

9

10

Employment contract issued by:

11

Certification of admission from the school where studying. Copy of legal personality, notarized Certification of affiliation with the national league Certificate accrediting academic degree, duly authenticated Proof of kinship through authenticated document Certification of the public or private organization for which the foreigner will work

12

For civil associations

DESCRIPTION OF THE REQUIREMENT Scanned Application TGR-1 receipt with a value of US$100.00 for each year TGR-1 receipt with a value L 200.00 per certification TGR-1 for stamp, per person Copy of Passport Photograph 6 centimeters high by 5 centimeters wide Power of attorney duly authenticated by a notary public

NO. 1 2

HOWTO SUBMIT IT Must contain phone number and email

13

For athletes

14

For University degrees

Paid in banking institution

15

Dependents or relatives

3 4 5 6

16

Foreigner in social service, religious without agreement

Duly authenticated by notary public One for each applicant With the general information and legal faculties of the lawyer

7

7. LEGAL ASPECTS AND INCENTIVES

INVESTOR'S GUIDE HONDURAS 2020 - 2021

CATEGORYOFRENEWALOF SPECIALRESIDENCEPERMIT (GENERALSECRETARIAT)

FOREIGN NATIONALS EMPLOYED BY INTERNATIONAL ORGANIZATIONSORGOVERNMENTAL INSTITUTIONS

NO. 7

DESCRIPTION OF THE REQUIREMENT Employment contract, issued by foreign government or international organization

HOWTO SUBMIT IT Signed by legal representative

NO. 1 2 3 4 5 6 7 8 9

DESCRIPTION OF THE REQUIREMENT Scanned Application TGR-1 receipt with a value of US$100.00 for each year TGR-1 receipt, with a value of L 200.00, per certification TGR-1 for stamp, per person Power of attorney, notarized Certification of Resolution Certification of Registration Copy of residence card Copy of Articles of Incorporation, authenticated by Notary Public

HOWTO SUBMIT IT Must contain phone number and email Paid at banking institution

FOREIGN NATIONALS EMPLOYED BY CENTRALIZED OR DECENTRALIZEDSTATE INSTITUTIONS HOWTO SUBMIT IT

NO. 8

DESCRIPTION OF THE REQUIREMENT Employment contract, issued by government institution

Where applicable Mandatory Mandatory Mandatory Where applicable, if renewal and/or

Signed by legal representative

CATEGORY OF MIGRANT STATUS OF ECONOMICALLY DEPENDANT FOREIGNER HOWTO SUBMIT IT Where aplicable NO. 8

modification of conditions within the same category Only for contract by private companies and public law entities if the previous contract is not indefinite Centralized and decentralized state institutions, international agency, foreign governments if this is not of indefinite validity Only for students For civil associations For athletes For University degrees Dependents or relatives (family) Businesspeople Foreigner in social service, religious without agreement

DESCRIPTION OF THE REQUIREMENT Proof of kinship through authenticated document Proof of marriage and De Facto union by means of an authenticated document.

10

Employment contract, notarized

Where aplicable

11

Employment contract issued by:

9

FOREIGNHIREDBYANATURALPERSON

12 13 14 15 16 17 18

Certification from the school where studying. Certification of service. Certification of the team for which the service is provided Certification of bank or Certification of services, contract if providing services in company or institution, if this is not of indefinite validity. Proof of economically dependence, if that is the case Operation permit Certification of services in public or private institutions.

NO. 8

DESCRIPTION OF THE REQUIREMENT Employment contract

HOWTO SUBMIT IT Authenticated by Notary Public

FOREIGNEREMPLOYEDBYLEGALENTITY

NO. 8

DESCRIPTION OF THE REQUIREMENT Copy of legal personality

HOWTO SUBMIT IT Authenticated by Notary Public Authenticated by Notary Public

Employment contract

9

7. LEGAL ASPECTS AND INCENTIVES

INVESTOR'S GUIDE HONDURAS 2020 - 2021

Who performs the procedure? The Businessperson or Legal Proxy Where is it done? The Department of Labor Control at the Honduran Social Security Institute (IHSS, for its acronym in Spanish) Average Time: 30 days Cost: No cost. REQUIREMENTS: a. Document certifying the name of the employer (Merchant or company´s Articles of Incorporation). b. Document accrediting the legal representative of the employer and RTN. c. A copy of the RTN of the Merchant or company. d. Address of the employer (2 Sketch map on separate sheet, of business location). e. A copy of the identity cards of each of the shareholders, or passport or residence card in case of foreigners. f. A copy of a public utility receipt. (HONDUTEL or SANAA) g. Panoramic photograph of business or office location, at an appropriate distance. h. A copy of the current operation permit of the Municipality. i. Complete the application for the creation of the medical assistance application and receive an electronic template. j. Two copies of identity and list of workers indicated.

*All these images must be sent to the e-mail of the migration officer in charge of the request. If the application is submitted by the legal representative, an image of the authenticated power of attorney, stamp and identification must be uploaded. Any questions or queries can be made to the call center: 2232 7800 ext. 220 Secretary General. *All documents coming from abroad must be presented duly legalized and those authorized in foreign language officially translated by the Ministry of Foreign Affairs and International Cooperation or at the Consulate of Honduras. 7.2 HONDURAN SOCIAL SECURITY INSTITUTE (IHSS) AFFILIATION PROCESS All legally constituted natural persons or legal entities who have their operation permit must register with the IHSS. Under article 25 of the Regulations of Law for the Honduran Social Security Institute (IHSS, for its acronym in Spanish), all workers who enter employment relations with an employer must be registered as members of the Social Security Institute from the first working day. The worker will provide the employer all the >Page 1 Page 2 Page 3 Page 4 Page 5 Page 6 Page 7 Page 8 Page 9 Page 10 Page 11 Page 12 Page 13 Page 14 Page 15 Page 16 Page 17 Page 18 Page 19 Page 20 Page 21 Page 22

cni.hn

Made with FlippingBook Online newsletter