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ADVANCE GUATEMALA
Instrument registerNo. 27 of 630

Legislative decreeDCA-376402

Title in the index

What the source published in this field is the heading of a section of the edition, not a title of the instrument itself. The text is in the official document.

The instrument's title and the issuing authority's name print in Spanish in both editions, because they are the gazette's own words. Translating the title of a legal norm would mean issuing a title the gazette never gave it.

Published

Open the document at the source

The archive links the official document: it does not reproduce it, summarize it or interpret it.

The three dates

  1. Issued

    No date in the index

    The date the index gives as the date of issue.

  2. Published

    The edition of the gazette the source published it in.

  3. In force

    Not derivable from the index

    The index gives publication, never force.

The record

Every mark on this record opens. Inside is what it means, and what it does not.

The fields

Class
Legislative decreedecreto_legislativo
What this is

What it is

The instrument's legal form. It is what settles its rank: who could issue it, what force it carries, and which higher norm it cannot contradict.

The class does not tell you the subject. A governmental agreement regulates a law and confers a decoration in exactly the same form.

More on this class
Number
DCA-376402
What this is

What it is

The number the instrument is cited by: a serial and a year, “49-2023”. With the class it forms the instrument's name, and it is enough to request it at any office.

Where the index did not publish it, the record prints the document's identifier in the gazette and marks it as such. That identifier will get you to the document; it will not let you cite it.

Issuing authority
Secretaría General de la Presidencia
What this is

What it is

The name the index records as the issuing authority.

All 630 rows in this register record the same one: Secretaría General de la Presidencia. That is the office the publication passes through, not necessarily the organ that signed — a ministerial agreement is signed by a minister. The archive copies the field as it stands and does not improve it.

State in the archive
PUBLISHEDThis is the state of the record inside the archive, not the state of the instrument inside the law.
What this is

What it is

“PUBLISHED” is the state of the row inside this archive: detection completed, the source recorded, the link resolving.

It is not a legal status. It does not say in force, it does not say repealed, and it does not say the norm still stands. All 630 rows in the register carry this state, including the ones the source published with defects.

Issued
No date in the index
What this is

What it is

The date the index gives as the date of issue: the day the authority signed the instrument.

Days or months can pass between signature and publication, and in this register they do. The distance between the two is a fact about the procedure, not an error.

The archive does not hold this.

The index gave no date of issue for this row.

This is not a gap in the page: it is a gap in the source. The record says so instead of filling it, because filling it would be writing it.

Published
What this is

What it is

The date of the Diario de Centro América edition in which the source records this instrument as published. It is the only fact about time this index certifies.

Publishing is not signing and it is not entry into force. It is the act that makes a norm binding on everyone, and the one that starts the clock in article 180 of the Constitution.

In force
Not derivable from the index
What this is

What it is

From when the instrument binds. This archive does not know and does not compute it.

Source
legal.dca.gob.gttier 1
What this is

What it is

The door this row came through, with the link to the document exactly as the source serves it.

Two sources feed this register and they fail in different ways. The record always says which one the row you are reading came through.

What this is

What it is

Tier 1 is the highest provenance this archive recognizes: the source is the official issuer of the datum or its gazette of record, not an intermediary repeating it.

The tier grades the chain, not the content. A tier 1 row can carry a broken title or an incomplete number — and in this register it does. It measures who the datum came from, not how well the issuer published it.

Archive id
#612
What this is

What it is

The row's identifier inside this archive.

It has no value outside these pages and is not cited. It is here so you can come back to this same row.

What this record does not say

The marks on this record

  • Synthetic number

    The index did not publish this instrument's official number. The identifier printed above is the document's number in the gazette, assigned by the source, and the archive keeps it as exactly that.

    What this is

    What the archive detected

    The number field carries an identifier shaped DCA-000000. That is not the instrument's number: it is the document's number inside the official gazette's own system.

    Why it happened

    This row did not come from an open-data batch but from the gazette's index, which lists what each edition published without repeating the number the instrument carries in its heading. The archive needed a key for the row and used the only one the source gave it.

    What to conclude

    The instrument does have an official number: it is printed in its text. To cite it you have to open the document at the source. Do not cite the DCA-000000 as though it were the agreement's number.

    Across the register

    35 rows in the archive arrived with no number of their own.

    Derived by the archive as the record prints

    Flag stored with the row·instrument_number_absent_in_index

  • No title of its own

    What the source published as the title is the heading of a section of the edition. The archive keeps it uncompleted: writing the missing title would be writing it.

    What this is

    What the archive detected

    The title field reads “Acuerdos Ministeriales”, “Acuerdos Gubernativos” or “Decretos”: the name of a section of the edition, not the subject of this instrument.

    Why it happened

    The gazette's index groups what it publishes into sections, and on these rows what landed in the title field was the heading of the group. It is a defect in the source, and the archive does not repair it: writing the missing title would be composing it, and a title composed by us is a title the gazette never issued.

    What to conclude

    This page cannot tell you what the instrument is about; the linked document can. It is one click, and it is the only faithful reading.

    Across the register

    35 rows in the archive arrived with a section heading in place of a title.

    Derived by the archive as the record prints

  • In force

    This record gives publication. Whether the instrument is in force, from when, in whole or article by article, is stated only by its text — and this archive has not read it.

    What this is

    The general rule is set by article 180 of the Constitution: a law begins to govern eight days after its full publication in the official gazette, unless the law itself widens or narrows that term or its territorial scope. The exception is the ordinary case — almost every instrument fixes its own commencement in its final article, and many stagger entry into force article by article. Add later repeals, and the provisional suspension the Constitutional Court can order over a challenged provision. None of that fits in an index of publications: it is in the text.

    What to conclude

    If you need to know whether this governs today, open it. This record certifies that it was published, and nothing more. The note the source keeps with the row says so in the same words.

  • The subject matters of the instrument.

    The index does not classify by subject. The column exists in the archive and is empty on all 646 rows: it fills the day the source publishes it, and not before.

  • Entry into force article by article, where an instrument staggers it.

    Empty across the whole register, for the same reason the general commencement is: it takes the text of the instrument, and this archive has not read it.

Note kept with the record

Gazette of record. PUBLICATION only — vigencia (in force, partially in force, per-article dates, CC suspension) is not derivable from this index and requires the instrument text.

Where this row came from

The Diario de Centro América index

The official gazette's own search. It lists what each edition published — the section, the date and a link to the document — and the row is built from that.

It lists; it does not transcribe. This door is where the records come from that carry a section heading where the title should be and the document's number where the instrument's number should be. What is missing here is complete in the linked document, one click away.

Definition

How to read this record

Every field, every mark and the class of the instrument itself has its definition here. None of them describes this document: they describe the form it was issued in, and what the archive knows and does not know about it.

These definitions describe the legal form and the archive's own marks, not the document on this page. They rest on the Constitution of the Republic and the Executive Branch Law, cited by article. The archive has not read this instrument and does not say what it is about.

Avenida La Reforma seen from the air: the tree-lined boulevard running through Guatemala City, with the sierra closing the horizon.
Fering123 · CC BY-SA 4.0

The class of instrument

Legislative decree

Ordinary statute: enacted by the Congress of the Republic, and only another statute can amend it.

What it is

This is the act by which the Congress of the Republic legislates. The Constitution reserves to Congress the power to enact, amend and repeal laws (article 171(a)) and gives it the taxing power exclusively: only a decree of Congress can create a tax and set its taxable event, its base, its rate and its exemptions (article 239). Once published, no executive agreement may contradict it; a lower provision that distorts those bases is void by operation of law. Above it sit the Constitution and the treaties Congress ratifies. The codes, the Foreign Investment Law and the free-zone and maquila regimes all live in this form.

The register holds 3 of this class, out of 630 dated instruments detected. It is what detection has reached in the gazette, not the complete body of Guatemalan law.

What it can do

Enact, amend and repeal laws; create taxes and set the bases on which they are assessed; approve the treaties that bind the State; and authorize the budget.

What it cannot do

Contradict the Constitution. A law that violates or distorts a constitutional mandate is void ipso jure (article 175), and the Constitutional Court can strike it from the legal order.

Where it ranks

Below the Constitution and ratified treaties; above every agreement or decree of the executive.

Issued by

The Congress of the Republic

Where each form sits

No norm may contradict the one above it, and the Constitution says so without qualification: a law that violates or distorts a constitutional mandate is void by operation of law (article 175), and so is any governmental provision, of whatever order, that diminishes or restricts a right the Constitution guarantees (article 44).

  1. Constitution of the Republic

    Above everything. The Constitutional Court strikes down what contradicts it, and may provisionally suspend a challenged provision.

  2. Ratified treaties and conventions

    Congress approves them and they bind the State. On human rights the Constitution gives them precedence over domestic law (article 46); outside that field they are given the force of a statute, and the point is still argued.

  3. Legislative decree

    The ordinary statute, enacted by Congress. It is the only rung where a tax is born.

  4. Governmental agreement and decree

    Acts of the President. The agreement develops a law without exceeding it; the decree exercises a power the Constitution grants him directly.

  5. Ministerial agreement

    An act of a single ministry, valid within what a higher norm entrusted to it.

The order measures the force of each form, not the importance of any one document. A ministerial agreement setting fees can weigh more on an operating cost than a law that was never given its regulations.

Back to the record

Its place in the register

27

of 630 dated instruments, ordered from the most recent to the oldest.

16 further instruments are held out of that order: the index gave them no usable date.

By class

  • executive agreements614
  • ministerial agreements19
  • executive decrees10
  • legislative decrees3

instrument.classesNote

Back to the full register