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Guatemala’s Anti-Bureaucracy Law

In the modern post-pandemic world, the use of technology to simplify human interactions has become a truism.
In this sense, derived from a reaction to a growing social and business demand, on May 5, 2021, the legislative body enacted Decree 5-2021, the Anti-Bureaucracy Law, which aims to modernize administrative management, using information and communication technologies to facilitate user management, providing access to online consultations and 100% digital payment platforms. Therefore, the law orders public institutions to allocate part of their budgets for the automation of processes within a period not exceeding 6 months, using as a pillar of the modernization project of the executive agency, the advanced electronic signature, and electronic communications, both embodied in Decree 47-2008 and whose boom has increased especially in recent years.

The plan to modernize and automatize administrative procedures aims to provide the following benefits in a timely manner:

  • Right to be informed of the status of the procedure.
  • Eliminate unnecessary procedures or supporting documents.
  • Prohibit the user from being asked for documents or procedures that the same administrative entity grants (understanding that the institution must coordinate it internally).
  • Support the electronic signature recognized by decree 47-2008 and regulations.
  • Promote the use of electronic payment platforms.
  • Promote the modernization of government institutions.

Andrés Cofiño Guzmán 
García & Bodán