“The Law for the SIMPLIFICATION OF REQUIREMENTS AND ADMINISTRATIVE PROCEDURES, Decree 5-2021, aims to modernize administrative management, through the simplification, streamlining and digitization of procedures, using information technology, based on the principles of speed, the presumption of good faith, publicity, simplicity, and transparency.
Among the changes it proposes, we can mention:
- The agencies will not be able to establish reduced or limited schedules for the delivery or reception of files.
- Users will only have to comply with the requirements or procedures existing at the time of the beginning of the administration, and may not be affected by subsequent reforms.
- A Single Qualification of the file must be made, avoiding partial revisions. If any missing information is identified, a physical or electronic request will be made for it to be corrected.
- Affidavits may not be required as a prerequisite to obtaining the final result, form, or application, and the user's affirmation before such agency, either physically or electronically, in the corresponding form or application, shall be sufficient.
- The signatures of individuals or legal representatives of legal entities on applications or forms are presumed to be authentic and do not require notarization. This is without prejudice to the Rules applicable to specific cases (waivers, transactions, disposition of rights, or others).
- Documents issued abroad legalized by a Guatemalan official, or Apostille, have full legal validity, without requiring accreditation from a public agency or the translation of the Apostille seal.
- No agency may require the presentation of a report for loss or misplacement of documents, to process the issuance of a duplicate or the corresponding replacement.
- When the renewal of a permit, license, or authorization is allowed, the validity of the same shall be understood to be extended until the final decision on the merits is issued or notified by the corresponding agency.
- Electronic payments must be made available through credit, debit, or similar cards, as well as through virtual banking or direct payments at any branch of the banks with which the agency works.
- The agencies shall implement the necessary technologies for the use and implementation of electronic means that allow the completion of procedures remotely or the improvement of their files. The agency will implement the advanced electronic signature as a guarantee to avoid alterations and provide legal certainty.
- The agencies are obliged to publish on the Internet:
- The administrative procedures that can be managed
- The requirements to be fulfilled
- The cost of the procedure
- The procedure to follow
- The response time of the agency
- Applicable regulations
- The agencies must implement the technologies that allow the management of administrative procedures through an electronic file, which will contain all the documentation related to the procedure.
- In addition, a series of SANCTIONS are established for employees, services, and public officials who violate the law, in accordance with Article 36 of the Law.
- It is expected to enter into force 90 days after its publication in the Official Gazette, a situation that to date has not yet occurred.