sábado, 23 de enero de 2016

What is the minimum Salary

MINIMUM SALARY


The mínimum salary has been something not everybody understand as it is for some of the expat a foreign concept..

In Guatemala the employer-employee relationship is protective, this means that the law protects workers against employer and sets minimum employment benefits for the worker, the employer must meet mandatory obligations.

According to the legal framework in Guatemala , as son as an employer hire an employee verbaly or with a contract starts the relation , despite contracts being mandatory.

Among the benefits that every employer must comply are : ordinary salary and bonuses, Aguinaldo , working hours, holidays , dismissal and severance , Individual employment contract and rights of the pregnant woman .

So you might wonder why nobody in your surrounding  pays the mínimum salary to their employe(es)…

Well there are several facts that I have detected since I’m doing property management and work with expats…and often I hear the following...

It is a third country so labor has to be cheap…

The first thing people think is that because Guatemala is a third world country the salary are notably cheap… and indeed if you ask around specially outside the cities you find out that the salaries are low… but still all the families have the same needs like foods, education, health.. and you have to ask yourself if what you pay is enough to cover their basic needs.

Not knowing the labor law…

Most of the expats don’t speak spanish neither have ever open a guatemalan law book… therefore the ignorance or the lack of learning give space to a grey área that allows to not respect the guatemalan legal frame. It is like people are living in a now rules country where they can't do pretty much what they want because they don't realise or want to realise what is the legal frame of their hosting country.

Because my employee is happy with what I’m paying him….

Indeed he knows that is better  off  with some money than no money and in a country where
almost half the population is under 19, you will always  find another person willing to work for less. But the problem is not about wanting to be paid the mínimum salary, it is that to fight to get the employee to pay it will take financial ressources they don’t have and also very often they don't know the laws made to protect them. So it is more by resignation than free acceptance. And not paying the legal mínimum salary deprives him of much needed resource to send kids to school, eat better or be able to face medical emergency.


Life is cheaper outside the cities  people are paid less…

It might be the case in some áreas and a fact that for example often they don’t pay rent or don’t have  a budget for transport as people living in big cities  but still their needs are the same  and the cost of the basic food basket  according the Institute of statistic of Guatemala (INE) is of  Q 3,358 per month. This basket is composed of 26 products that reflect the need of a family of 5.3 members.

We can’t give a raise every year as they would get use to it.…

Like we don’t live in a dynamic world where all year long we see prices going up
and cost of living increasing. It is like you don’t know that if, at least, you don’t keep up with inflation you are losing buying power every year.


Most of the expat choose to live in a foreign country because of a better quality of life. At one moment or the other they provide jobs to the local community which run from building, gardening, house keeping for example.
Sometimes some also give to locals charity or give off their time to the local community.
Still it is important to know the legal frame of the country you choose to
settle  as being a guest you would think that you want to behave as you would like foreigners to behave in your own countries.



The object of  Minimum Salary

The minimum amount that must be paid to a person for work done within a given period, calculated whatever form , and it can not be decreased in the employment relationship , which is guaranteed by law to cover the minimum needs of the worker and his family.


Who decides the minimum wage ?

The Executive Agency , after consultation with the organizations of employers and workers and other organizations representing the National Wage Commission and the Joint Commission Minimum Wage and the Monetary Board and the Guatemalan Social Security Institute .


When the minimum wages are fixed ?

The minimum wages are set from the month of January each year .


Definition of the fault?

Art 269.  the infractions or violations by action or omission committed against the provisions of this code or of other labor laws or Social Security, are punishable by fine.


A very important things to know when you termine your relation ship with your employee and viceversa…


Art 261  Actions to terminate the contract worker

The rights of the workers to declare  finished and with good cause their working contract terminated prescribe in the term of twenty working days from the time the employer gave him cause for separation or indirect fired. It means that past these 20 working days the worker can’t claim compensation.

Art 262 .Acciones del empleador contra retiros injustificado

The rights of employers to claim against workers who retire from his post without notifying his employer prescribed in the term of thirty working days from the separation moment. Meaning that after 30 days you can’t demand your employee for abandoning his job.

And one more thing when you have employe working for you permanently and they have worked one year then they are entitled to vacations.. and you can't pay them the vacation .. they have to take them.. 

lunes, 4 de enero de 2016

2016 New Minimum Salary

Guatemala 2016 Minimum Salary

As it is usual now every starting of the year the government fixes the new legal minimum salary for the year.. It is divided between Farm and Non Farm Activities Q 81.87 per day  and Exportation activities and maquila is Q 74.89 per day.

The one that interest the expat community which hires employees is the first one..

Because 2016 is a bisextyle year meaning February will have 29 days.. There for the calculation of the minimum salary is as follow

Q 81.87 x 366 days = Q 29,964.42 divided by 12 month = Q 2,497.04 plus the Q 250
of " the bonificacion incentivo."

The minimum to be paid being Q 2,747.04

Now remember that it is not only what the worker will receive as you will have to pay in July the Bono 14 and in December the Aguinaldo..

So if you prorate these 2 extra months your worker will receive average per month Q 2,913.20.

Now the basic food basket for a family of four is estimated at Q 3,507.60, which is the amount per month that a family of four should receive to live correctly .  It is a fact as well that outside the big cities the cost of living is lower.

Currently there is a new law allowing differentiate salaries in 4 Municipalities of Guatemala : to name them Masagua Escuintla, Guastatoya and San Agustin Acasaguastlan, El Progreso and Estanzuela Zacapa. Where the minimum salary for maquila will be Q 1,677.00 plus bonificacion incentivo of  Q 250.00 making a total of Q 1,927.00 by month.

There is an ample debate in the country about these differentiated salary as some a in favor of them to stimulate local jobless economy and others considering that it creates citizen of 2d class... This country is in great need of political policy on work, employment as most of the time the government solved temporary the need to increase the salary through decrees like the one of bono 14, aguinaldo, bono incentivo.. instead of defining a modern, flexible salary policy.











miércoles, 16 de diciembre de 2015

What is the Aguinaldo....Guatemala Labor Code

December is a special month for expats in Guatemala.

When you hire a person as your gardener, maid, choffer,, you name it.. you acquire obligations toward them. The  relations between workers and employers in Guatemala, are regulated both by the Constitution of the Republic, in article 102 which established the minimum employee benefits and  in the Labour Code, which develops more extensively constitutional precept.Always remember that in Guatemala the employer - employee relationship is protective, this means that the law protects workers against employer and sets minimum employment benefits for the worker, that the employer must meet mandatory.  .Among the benefits that every employer must comply you have: ordinary salary and bonuses and Aguinaldo.
And December is the month of the Aguinaldo. According Decree 76-78.
We are going to review the most important articles..
Article #1  All the employers are obligated to give to their workers annually in concept of Aguinaldo, the equivalent of 100% of their salary they perceive monthly for a year of continuous work o proportionally according what correspond.

Article # 2  . It can be paid half in december before the 15th and half in january in the second part of the month.

Article # 5 it can't be accumulated.

Article # 7 A written receipt has to be made

Article # 8  It has to be paid in currencies and can't be replaced by anything else.

Article # 15. The aguinaldo can be reduce of  the income tax, and it is not affected by the payment of the Guatemalan Institute of Social Security.

So because it is expected by your worker you have to make provision in your accounting for the payment of it.. Most of the worker like to have it paid in once on the 15th of December.
I prefer to pay it one week before..
- because there are less people at the bank
- because your worker is less subject to be robbed as on the 15 th of just after everybody has more money and very often a great time for thieves
- always remember to document the payment
- if you pay the Bono Incentivo the Aguinaldo doesn't include it as you pay only on the ordinary salary.
If your employee is not full time working for you but work 150 days a year he is entitle to it.
The aguinaldo is calculated from the 1st of january of the year to the 31st of December of the same year.

Now I always encourage the worker receiving this extra month to think very much how they will use it. Encouraging them to save part of it. To spend it wisely for their kids, education..

If you have any doubts or questions feel free to contact me..

Remember this information is product of my experience in property management and won't replace the legal advice of a lawyer.




martes, 20 de octubre de 2015

Five most important things to do when buying real estate in Guatemala

5 most important things
to do when buying  property
 in Guatemala


Guatemala is probably not your usual investment destinación. Unless you are a Guatemalan expatriated or have relatives that are Guatemalan you will have Little or no knowledge about how to buy property in Guatemala. Investing in real estate in a foreign country is a serious mater.

But for a foreigner deciding to buy real estate here might be a challenge and a whole new experience.

-       First thing you need to work with a Realtor.
      An authorised realtor that has a proper license to represent you.  Yes it does exist in Guatemala. Realtor profession is regulated and it is your best guarantee against scammer, unethical and unprofessional ones. You will hear of people that have managed to buy without a realtor but it all depends of your level of investment and willingness to take financial risk. The bigger the investment the more you want to be protected from any bad surprised. Don 't hesitate to check with the Chamber of Realtor of Guatemala for professional ones.


Why? Because he will  represent you and working with non legal realtor might turn out to be a nightmare if anything goes wrong.Now a realtor speaking your language is a must as you might not fully dominating the local language.


-       Second get legal assessment with a lawyer – notary that does regularly real estate transactions.  And preferably one that speaks your language.
In Guatemala lawyers are also notaries and some decided to work more the notary part of their professions, others the lawyer part and the gran majority both. Laws do change and a lawyer not versed regularly in real estate transaction might miss some important information. In Guatemala real estate has complex consequences better to be well informed.


-       Third you have to understand that you will be confronted with a diversity of way of owner ship that might disconcert you. In  Guatemala you will encounter several way of owning real estate as for example..:  land lease from  the government through the OCRET office, proper register titled backed up by the government, rights of possession that you can  compare to squatters rights and some times comunal land…
Depending the status of the property you are buying you will have to decide if it is worth your money to rely on less than a proper registered title. Now if you buy in urban áreas most probably you will encounter proper registered title.


-       Fourth consult with your notary which limitations can affect your property.  Guatemala doesn’t have a lot of institutions having a say on the use of a property but they do have some like OCRET, MARN, CONAP, Consejo de Protection de la Antigua (if you buy in Antigua Guatemala)…  So for example if you buy on ocean or lake front you will find out that the lease you will get from the government  only lease you the land up to 20 mts from the waterfront as you have to leave 20 mts of public space. If you buy in certaines áreas or steep hills you might be in an área of mudslides and classified by CONRED (the Government Agency for Civil Protection) as inhabitable  and therefore might not get the building permit you seek. If you buy in a city with strong colonial history like Antigua or in the Center of  Quetzaltenango then you will find out that you can’t do what you want with the property you are trying to acquire. Know what you are buying and what you can do with your real estate project.


-       Fifth under which legal form you want to acquire your property: ...as single owner, under a Guatemalan C Company, a foreign company… Depending your choice, it will influence  your taxes during ownership, at the moment of sell, or for your heirs if you plan to inherit it to them.Not being familiar with the Guatemalan taxes frame  you need to get proper advices in order to optimize the fiscal impact of owning real estate.







viernes, 28 de agosto de 2015

New Algae bloom in Lake Atitlan

Since 2009 Lake Atitlan had not experiment a blooming of this importance.. But these last two years have been particularly hot and dry. The temperature of the lake has been rising and currently above 23o C which is very hot for a lake of this size at this altitude.

 Amsclae the high authority in charge of the quality of the water in Lake Atitlan, Guatemala has issued the following report:

 
 
Solola, August 19, 2015

 
One concern of the institutions involved in the conservation and study of Lake Atitlan, is the deterioration of the same, which leads to the proliferation of algae, and in particular may result in a flowering of cyanobacteria. On Monday August 3rd of this year, a proliferación cyanobacteria was reported, which was later determined to be caracterized as flourishing level (greater than 2 million cells / liter). Following this event, the Department of Research and Environmental Quality Authority for the Sustainable Management of the Basin of Lake Atitlan and its surroundings (AMSCLAE) in coordination with the University del Valle of Guatemala highlands campus (CEA - UVG) conducted one limnological sampling on 5 and 10 August. During monitoring, water samples were taken for analysis, which was performed on the two institutions mentioned.According to the analysis of samples of phytoplankton, three genera of dominant  cyanobacteria were encountered and Limnoraphis Dolichospermun and were accompanied by Microcystis, all of  the Phylum Cyanobacteria. The analysis performed on a sample taken on August 17 determined that only
Limnoraphis predominated. Counting and identifying the microscope does not determine the presence or absence of toxicity, therefore Asociación Friends of Lake Atitlan sent water samples from the lake abroad (University of California, Davis and University of Wausau) in coordination with AMSCLAE, UVG  - IARNA and for the analysis of cyanotoxins and is awaiting the results. If it turns out that this blooming produces cianotoxinas, this could represent a serious threat to the health of the population.
 
The high
temperature of the environment and water  due to prolonged heat wave, and the availability of nutrients in the lake, then the income from runoff of the rainy season from May to July to Lake Atitlan and the steady income from sewage, create conditions conducive to the development of phytoplankton.
 
Importantly, this is not the first flowering of cyanobacteria in Lake Atitlan. In 2009 has been
the strongest  flourishing in the lake to date, and from that year was reported, there have been other smaller blooms. In 2009 and 2013 samples were sent for toxicological analysis and found negative. The increase today is the strongest  since 2009 and is considered to not be the last.
 

AMSCLAE with the support of national and international scientific community, the College of Engineers Guatema (IGC), the Guatemalan Association of Sanitary Engineering (AGISA), the Regional School of Sanitary Engineering (ERIS) and non-governmental environmental organizations and government present in the department of Solola, are promoviend since mid-2012, the development of a comprehensive master management of sewage and drinking water in the municipalities of Lake Atitlan Basin plan. Funding to execute this plan come from a grant from the Spanish Agency for International Cooperation for Development (AECID) and are being managed by the Interamerican Development Bank (IDB). Unfortunately, the plan was stalled. The development and implementation of the plan is INFOM sole and absolute responsibility and the risk of losing the donation runs.

 
General recommendations for prevention to the population1. Do not be alarmed, these recommendations are specifically preventive. 

2. Do not drink the water directly from the lake ..
3. If fish are eaten, should be cleaned properly, removing the skin, gills and
       
internal organs.. 

4. It is not advisable to swim in the lake and recreational activities in it as long as this danger. If you do it is at your own risk.
 5. Do not wash or irrigate vegetables with this type of water. 
6. Basin communities which  take their drinking water directly from the lake, must: 
    Start storing rainwater for consumption when it rains.
    Filtering of the water with carbon filters to make it suitable for consumption.
 
7. Do not get in the water to remove cyanobacteria, that does not help.  

     Draw it stimulates their growth. 
8. Do not perform cleanups of lake water for the duration of the flowering 
9. Be pending AMSCLAE releases for information on the results of monitoring prepared by the relevant institutions.
Therefore, the departmental coordinator for disaster risk reduction (CODRED) institutional declares yellow alert cianaobacteria outcropping on Lake Atitlan.

 
Any questions contact:informacion@amsclae.gob.gt


Atitlan Solutions is an active member of Lake Atitlan Friends of the lake Asociation always looking for solutions to contribute to a better lake. Right now we have a fundraising going through Indiegogo to equipped a laboratory to study the lake scientifically.. feel free to contribute at the following link.


lunes, 13 de julio de 2015

5 important things to know about OCRET

One of the biggest issue in Guatemala and particularly in the lake area is the absence of cadastre.
So currently there are several situations related to this.
First of all  OCRET, which by law would be the biggest land manager around the lake, only work from the legal frame given by the Constitution. Which means that for this office any land , on the lake for example, included in the 200 mts from the water front has to be leased from the government. But OCRET currently doesn't have a clear knowledge of what is clearly land government and what is registered land (clear title registered before 1956 in the registry of the property).
They are building their cadastre from the lease request made by particular or companies around the lake. And it happens that sometimes the OCRET pretension is challenged by locals authorities. Which is the case for Santiago Atitlan, ( it has a clear title registered it seems in 1920 that includes all the water front ) in discussion  San Marcos La Laguna and Santa Cruz as they seems to be as well challenging the OCRET hold.
Some some might wonder if it is proper to register or not.
Well my recommendation, under the current situation,  is to register with OCRET.
Why ? Because as foreigners it is the only way to secure your land rights particularly.  And the cost associated with the registration is not that high that shouldn't be undertake.
Now what will happen if it happens that the land is not under OCRET umbrella like it is happening in Santiago?
Well the current solution is that OCRET will hand the contract to the Municipality and this will have to respect the terms. Which is an important security as at least for the next 20 or more years of your contract you know what will be your status.
At the moment nobody knows what will be the legal form that will articulate the "rights of possession" that ones acquired on a land belonging to a big registered property owned by a Municipal government. The OCRET contract will at least give you a structure.

The other big challenge with OCRET definition of the 200 mts is where is the 200 mts limit ....as it is known by everybody that the lake level is fluctuating over times. So if during the last 40 years it has been going down, opening new space for colonisation by chalets , public beaches... since Hurracan Stan the lake has been coming up substantially and the trend seems to be since 7 years, on the rise.
Which move way upp, the upper limit of the 200 mts particularly in the areas where the shore has a gentle slope like San Juan La Laguna, San Pablo, San Marcos La Laguna.
So a piece of land that have been out of the OCRET hold, now might be under the OCRET law.

I'm strongly advocating to find a technical solution to control the level and the easiest solution would be to put an over flow as the ones you have in a bathtub . The easiest way would be to do it in San Lucas Toliman. This will allows to define the highest level that the lake can reach and allows the villages and the waterfront owner to invest in infrastructure that will last. Not as it is happening currently. Just remember the numerous brand new piers paid by INGUAT that ended up under water.

Make sure to like this article if you do and share it on your social network.

martes, 7 de julio de 2015

OCRET history

OCRET HISTORY 

I have found this interesting  historical compilation on the laws and governmental agreement regulating this very particular areas of the Guatemalan territory that are called Areas del Estado.


In 1894, ending the nineteenth century and  Reina Barrios being the President of the republic, it is 
important to make reference to this historical period, as this government is interested in regulating
reserve areas and appear in this year's the first records regarding the legal regulation of these areas.

The first laws were published about the mentioned areas were performed by means of decrees, agreements and regulations. These were issued by the President and first were regulated areas 
comprising the shores of the Atlantic Ocean and navigable rivers, with margins established in the decrees.

Later, in the 1965 Constitution, the areas of reserves are regulated , establishing constituting the areas and their margins . But it is up to 1973, when the Congress of the Republic issued Decree 35-73 Law Regulating Reserves nation, constitutes the first ordinary law that specified in it, these areas.


LEGISLATION AREAS OF TERRITORIAL RESERVES FROM GUATEMALA

A summary of the different laws that historically occurs have regulated the areas of state reserves, starting with the 1945 Constitution, since this is the first constitution that regulated the assets of the nation.

Political Constitution of the Republic of Guatemala, 1945 

On March 11, 1945 was promulgated the new Constitution by the democratic government that  was established in Guatemala, after leaving the military dictatorship that had ruled one after the other one the country. After the overthrow of General Jorge Ubico, the revolutionary junta was established in 1944 to make way later by election, to the President of the Republic Mr. Juan Jose Arevalo Bermejo.

During the administration of President Arevalo Bermejo was enacted first Democratic constitution, in which public assets were stipulated; Article 89 stated: "The goods of the Nation: goods  of domain public: 

  1. The waters of marine areas that surround the areas of the Republic; 
  2. the shores of lakes and rivers navigable or floatable; 
  3. rivers of any kind serving limit the Republic, 
  4. the waterfalls of industrial use, in the form determined by law, which likewise establish the condition and extensions dominion over all goods; Which they are state property and city; 
  5. the terrestrial maritime area situated on the national territory. Transit and use, are regulated by law and international treaties; 
  6. Revenue tax and municipal originating and public law;  
  7. The underground of the nation, hydrocarbon deposits and minerals; 
  8. All organic and inorganic substances prescribed by law; 
All other existing assets in the country that are specified in laws or non-private property, individually or collectively "

In this Constitution, no State reservation areas are specifically contemplated, however, it established which are the assets of the nation, which are public property. In this respect, this Constitution referred to the banks of lakes and navigable rivers, which serve as the basis for then specifically reserves were regulated areas.

Political Constitution of the Republic of Guatemala, 1956 

After the overthrow of General Jacobo Arbenz Guzman, it was repealed Constitution of 1945 and created a new one, which left no force progress in the democratic constitution of 1945, especially with regard to the agrarian reform. Although in terms of assets of the nation was concerned, they do had no change.With this event, General Carlos Castillo Armas. assumes the presidency of the Republic,this de facto government promulgated a new constitution on 2d February 1956. In accordance with Article 214  it established the goods of the Nation, which almost completely copied what regulated the former and only add what is  related to monuments and archaeological relics.

Political Constitution of the Republic of Guatemala, 1965 

This Constitution was promulgated on September 15, 1965 and for the first time in constitutional matters  the areas of the State  are specifically  regulated. Because as indicated above, in the constitutions that preceded it, only the assets of the nation were regulated.

Areas of state reserves are regulated in this Constitution in the Article 130, which stated
"The nation retains:

  1.  title of a land strip three kilometers along the oceans, starting from the top line of tides;
  2.  two hundred meters around the lakeshores; 
  3. one hundred meters each side of the banks of the navigable rivers; 
  4.  fifty meters around fountains and springs where the waters are born to take to the cities orpopulations. Exceptions to the reservations expressed:
 1. The estate located in urban areas;
 2nd. The property on which the registered rights exist Land Registry before 9 February 1894.
 3rd. The property on registered rights exist in the same record, prior to March 1, 1956, provided that the State does not have possession of them.
The foreigners  need Executive authorization to acquire real property covered by the exceptions of subsections 2nd. and 3rd. having the right state
preferably around special case "

Political Constitution of the Republic of Guatemala, 1985 
Since the first Constitution was promulgated in a democratic government 1945, analyzing the force that took up the 1965 Constitution, each one of them was in effect about 10 years.

After the Constitution of 1965, to the present, they passed 20 years, ie that within 40 years four constitutions were enacted, creating the mentioned constitutional changes, the existence of a huge uncertainty legal, harmful from every point of view for economic and social development.

The  current Constitution, had no change in relation to the areas of State reserves, as this almost completely copied what regulated the Constitution 1965, only the term nation was changed by the State and is omitted except that established that goods on which duty was entered in the Land Registry before February 9, 1894 were exempt from the reserve areas.

Decrees, agreements and regulations that have historically governed the
areas of land reserves of the State of Guatemala.

In the late 19th century begins with the legal regulation of reserve areas, which as stated above were published by laws, agreements and regulations. In accordance with the Laws of reserve areas
Guatemala territorial State made by the Office of Control Areas Territorial state reserves (OCRET) is presented chronologically the summary of each as follows:

a. Executive palace agreement whereby the State land reserves
for public use on the banks of Lake Izabal, in the riverbanks inland and on the coast of the Atlantic. Through this agreement, the State reserved for public use, the domain of vacant lands within the following areas: 200 meters wide, numbered around and from the shore of Lake Izabal, 100 meters from each side of the river navigable, 500 meters wide on the shores of the Atlantic; which was published by the Executive palace in Guatemala City on 24 November 1890. One of the features found in this agreement, is that only the Atlantic coast is considered, as well as Lake Izabal and generally navigable rivers, leaving off the Pacific coast and the other lakes.

b. Decree 483 Agrarian Law. By this decree was increased to 1.500 meters wide, starting from the top edge of the beaches of the ocean, provided that any individual could acquire the property they land and they could only be leased these areas by the Ministry of Development. The State also 200 meters wide, starting from the edge of lakes and 100 meters on the shore of navigable rivers, this was issued on February 9, 1894.

c. Regulation of Decree 483, Agrarian Law. About lease of land the government reserves. This regulation regulates the grounds that are on the coast or beach by ocean and shoreline of lakes and navigable rivers, which could be leased to private individuals up to a horse, the lease would be for a definite time, these could be terminated by the State under the country's needs, because of security, war or public order or if the government will project open ports, strong rise up or construyere any work on the leased land. This was issued in the Executive Palace, February 20 1894.

d. Provision for the payment for land lease grown within the strip that the state reserves under the law, dated December 13, 1920 the President of the Republic.

e. Amendment of Articles 1, 13 and 14 of the Regulations of Decree Law 483
Land, to lease public lands that the government reserves. With this reform the State was to lease to individuals or Corporations reserve areas. To grant these areas, lease should be held between the Ministry of Agriculture and the particular. In these cases the government was empowered to fix both the extent of these lands, and the price of rent.

The difference between the above items and refurbished items, lies in previously the government could give these areas a lease up to 1500 meters wide at the edge of the ocean and Articles
renovated extension of land could provide the Government lease was a discretionary activity. Also the lease of such areas should take place with the Ministry of Agriculture and not to the Ministry of Development.

f. Decree No. 2144, the President of the Republic, Jorge Ubico. Term to formalize the lease of land forming Subject to the nation, except the 20-meter strip on the margins of all
waterway, dated September 26, 1938. Under this decree, the government gave it a period of two months to those persons who were occupying the strip of 20 meters on the edge of the fairway and had his room in such places. As well as those who have industrial plants, buildings or occasional use to move to another place. All those who are found outside this belt should hold the lease of these areas within four months.

g. Decree No. 2369 of President Jorge Ubico.
Requirements to acquire or dispose of real or personal rights and to leasing of the property were within the band of 15 kilometers from the border, and others who constitute reserves of state and
Peten department, dated May 9, 1940. This decree stated that only the nation municipalities,
State institutions and Guatemalan origin, could acquire real or personal property rights in whole or in part are found within the range of 15 kilometers wide all along the land border or a fringe like inside the zones maritime. Also ruled that provision of the buildings that made up the department
Peten and to those found at 1500 meters or less than Sarstún river. It could be leased these areas, provided that counted with the authorization from the Ministry of Agriculture.

h. Decree No. 2421 of the President of the Republic Jorge Ubico.
The leases of land reserves are the nation could be held only with Guatemalan origin, the utilities to act under contracts or concessions, by the President Jorge Ubico, dated August 22 were exempt 1940

i. Decree number 2477 by legislative decree number 2421 Government Decree establishing the requirements to be observed for leases of land that constituted permanent reserve of the nation, dated March 15, 1941, by the President of the Republic Jorge was approved.

j. Decree No. 35-73 of the Congress of Guatemala. Law
Reserves Regulatory Office. This law consisting of 18 articles, was published on July 19, 1973, in the government of President Carlos Arana Osorio, it is the first law regulating the Nation Reservation. It was the first ordinary law to regulate specific areas of reserves, which will take place in the course of this work.

k. Regulations to the Regulatory Law of the Nation Reservation. Agreement
Agreement gubernatorial number M 35-73. This regulation had 66 items and developed the Regulatory Law of the Nation Reservation. It was delivered at the National Palace in Guatemala on 24 October 1973.

l. Responsible Regulation Control Office of the Nation Reserves
(OCREN). This regulation was comprised of 45 articles, which established the operation and the bodies responsible for that office, it was created by agreement of the Ministry of Agriculture, the National Palace in Guatemala City on October 8, 1974, in the government President Carlos AranaOsorio.

m. Decree No. 11-80 of the Congress of Guatemala. Law
Regulatory Areas Nation Reserves This law had only 20 articles, was published in the city of Guatemala dated March 20, 1980, in the government of President Fernando Romeo Lucas Garcia.

n. Decree No. 126-97 of the Congress of Guatemala. Law
Regulatory Areas Territorial Reserves State Guatemala. That is the current law and regulates areas of land reserves of the state, has 36 articles and was published on December 26, 1997. OCRET

o. Regulation Regulatory Areas Act Territorial Reserves
State of Guatemala, Government Agreement 432-2002 implements Law Regulatory Areas of Territorial Reserves of the State, dated 6 November 2002. This regulation lays down the basic provisions of the Bureau of State Reserve Areas and the procedures for the exercise of rights on reserve areas established by law.

p. General Tariff Bureau of State Reserve Areas -
OCRET-, contained in Governmental Agreement number 390-2005 of 22 2,005 August. This tariff regulates matters relating to payment for field inspection conducted by the technical department of the Bureau of areas -OCRET- State Reserve, certification of documents, cost of different forms of requests for lease extension and assignment of leasehold and with respect to fees for transfer of rights

q. Amendments to General Tariff Bureau of  State Reserve Areas
 -OCRET-, contained in Governmental Agreement number 390-2005 of

dated 22 August 2005. With this reform the collection was modified by field inspection conducted by the technical department of the Bureau of State Reserve Areas - OCRET-.