Published: 06 Oct 2008 17:40:49 PST
Standards
- Domestic framework and international association
- The competent organisation aimed at legally dictating the current standards is the Guatemalan Committee of Standards (COGUANOR). Until now, 670 standards were published, of which 625 are compulsory.
The compulsory standards especially concern food products and often refer to international standards. Furthermore, the import of any food product requires obtaining a sanitary certificate to be asked at the Ministry of health (Recordings and food control Department). It further requires that the labelling of the products be written in Spanish.
Legal framework
- Independence of justice
- Guatemala is a Republic state based on parliamentary democracy with presidential form of government. The country (official name: Republic of Guatemala) has a pluriform multi-party political system, but the tradition of military dominance still continues.
President is both the chief of the state and head of the government. President holds the executive powers which include implementation of the law in the country and running the day-to-day affairs. Both President and Vice-President are elected by popular vote for a four-year term. Council of Ministers (the cabinet) is appointed by the President.
The legislature in Guatemala is unicameral. The parliament called Congress of the Republic has 158 members which are elected by popular vote to serve four-year terms. The country's constitution provides for a separation of powers among the executive, legislative, and judiciary. President cannot dissolve the parliament; however the President has the power to veto acts of the parliament which in turn can be overridden by supermajority of legislators. The people of Guatemala have limited political rights.
The judiciary is not independent in Guatemala. It lacks transparency and accountability. The main source of the law is the constitution of 1985 which was amended in 1993. The legal system is based on civil law system and judicial review of various legislative acts. Guatemala has not accepted compulsory ICJ jurisdiction. The judicial language used in the country is Spanish, though there are 23 other officially recognized Amerindian languages.
Guatemala is not ruled by law. Guatemala remains one of the most violent countries in Latin America. Foreign nationals cannot expect a fair trial from country's judicial system. A high degree of corruption exists in the country; especially administration, judiciary and corporate sector are plagued with corruption. E fforts to promote transparency have made little progress.
- Equal treatment of nationals and foreigners
- Guatemala is a Republic state based on parliamentary democracy with presidential form of government. The country (official name: Republic of Guatemala) has a pluriform multi-party political system, but the tradition of military dominance still continues.
President is both the chief of the state and head of the government. President holds the executive powers which include implementation of the law in the country and running the day-to-day affairs. Both President and Vice-President are elected by popular vote for a four-year term. Council of Ministers (the cabinet) is appointed by the President.
The legislature in Guatemala is unicameral. The parliament called Congress of the Republic has 158 members which are elected by popular vote to serve four-year terms. The country's constitution provides for a separation of powers among the executive, legislative, and judiciary. President cannot dissolve the parliament; however the President has the power to veto acts of the parliament which in turn can be overridden by supermajority of legislators. The people of Guatemala have limited political rights.
The judiciary is not independent in Guatemala. It lacks transparency and accountability. The main source of the law is the constitution of 1985 which was amended in 1993. The legal system is based on civil law system and judicial review of various legislative acts. Guatemala has not accepted compulsory ICJ jurisdiction. The judicial language used in the country is Spanish, though there are 23 other officially recognized Amerindian languages.
Guatemala is not ruled by law. Guatemala remains one of the most violent countries in Latin America. Foreign nationals cannot expect a fair trial from country's judicial system. A high degree of corruption exists in the country; especially administration, judiciary and corporate sector are plagued with corruption. E fforts to promote transparency have made little progress.
- The language of justice
- Guatemala is a Republic state based on parliamentary democracy with presidential form of government. The country (official name: Republic of Guatemala) has a pluriform multi-party political system, but the tradition of military dominance still continues.
President is both the chief of the state and head of the government. President holds the executive powers which include implementation of the law in the country and running the day-to-day affairs. Both President and Vice-President are elected by popular vote for a four-year term. Council of Ministers (the cabinet) is appointed by the President.
The legislature in Guatemala is unicameral. The parliament called Congress of the Republic has 158 members which are elected by popular vote to serve four-year terms. The country's constitution provides for a separation of powers among the executive, legislative, and judiciary. President cannot dissolve the parliament; however the President has the power to veto acts of the parliament which in turn can be overridden by supermajority of legislators. The people of Guatemala have limited political rights.
The judiciary is not independent in Guatemala. It lacks transparency and accountability. The main source of the law is the constitution of 1985 which was amended in 1993. The legal system is based on civil law system and judicial review of various legislative acts. Guatemala has not accepted compulsory ICJ jurisdiction. The judicial language used in the country is Spanish, though there are 23 other officially recognized Amerindian languages.
Guatemala is not ruled by law. Guatemala remains one of the most violent countries in Latin America. Foreign nationals cannot expect a fair trial from country's judicial system. A high degree of corruption exists in the country; especially administration, judiciary and corporate sector are plagued with corruption. E fforts to promote transparency have made little progress.
- Having recourse to an interpreter
- Guatemala is a Republic state based on parliamentary democracy with presidential form of government. The country (official name: Republic of Guatemala) has a pluriform multi-party political system, but the tradition of military dominance still continues.
President is both the chief of the state and head of the government. President holds the executive powers which include implementation of the law in the country and running the day-to-day affairs. Both President and Vice-President are elected by popular vote for a four-year term. Council of Ministers (the cabinet) is appointed by the President.
The legislature in Guatemala is unicameral. The parliament called Congress of the Republic has 158 members which are elected by popular vote to serve four-year terms. The country's constitution provides for a separation of powers among the executive, legislative, and judiciary. President cannot dissolve the parliament; however the President has the power to veto acts of the parliament which in turn can be overridden by supermajority of legislators. The people of Guatemala have limited political rights.
The judiciary is not independent in Guatemala. It lacks transparency and accountability. The main source of the law is the constitution of 1985 which was amended in 1993. The legal system is based on civil law system and judicial review of various legislative acts. Guatemala has not accepted compulsory ICJ jurisdiction. The judicial language used in the country is Spanish, though there are 23 other officially recognized Amerindian languages.
Guatemala is not ruled by law. Guatemala remains one of the most violent countries in Latin America. Foreign nationals cannot expect a fair trial from country's judicial system. A high degree of corruption exists in the country; especially administration, judiciary and corporate sector are plagued with corruption. E fforts to promote transparency have made little progress.
- Sources of the law and legal similarities
- Guatemala is a Republic state based on parliamentary democracy with presidential form of government. The country (official name: Republic of Guatemala) has a pluriform multi-party political system, but the tradition of military dominance still continues.
President is both the chief of the state and head of the government. President holds the executive powers which include implementation of the law in the country and running the day-to-day affairs. Both President and Vice-President are elected by popular vote for a four-year term. Council of Ministers (the cabinet) is appointed by the President.
The legislature in Guatemala is unicameral. The parliament called Congress of the Republic has 158 members which are elected by popular vote to serve four-year terms. The country's constitution provides for a separation of powers among the executive, legislative, and judiciary. President cannot dissolve the parliament; however the President has the power to veto acts of the parliament which in turn can be overridden by supermajority of legislators. The people of Guatemala have limited political rights.
The judiciary is not independent in Guatemala. It lacks transparency and accountability. The main source of the law is the constitution of 1985 which was amended in 1993. The legal system is based on civil law system and judicial review of various legislative acts. Guatemala has not accepted compulsory ICJ jurisdiction. The judicial language used in the country is Spanish, though there are 23 other officially recognized Amerindian languages.
Guatemala is not ruled by law. Guatemala remains one of the most violent countries in Latin America. Foreign nationals cannot expect a fair trial from country's judicial system. A high degree of corruption exists in the country; especially administration, judiciary and corporate sector are plagued with corruption. E fforts to promote transparency have made little progress.
Intellectual Property
- Domestic network and international agreements
- The organisation in charge of the protection of the intellectual property in Guatemala is the Registro de la Propiedad Industrial.
Guatemala signed the Agreement of Bern and the Treaty of Rome.
According to the agreement of Central America for the protection of industrial property, the preferential registration of a Guatemalan trademark is guaranteed in any country of Central America, during the first 6 months of the recording in Guatemala.
Texts currently applying to patents/brands
| Type |
Text |
Date entered into law |
Period of validity |
Remarks |
| Design |
Law on Design |
|
5 years renewable |
|
Tax rates
Consumption taxes
- Tax rate
- 12%
- Reduced tax rate
- There is no reduced rate.
Are exempted exports, basic foodstuffs, certain financial services and sales of some low-cost housing.
- Other consumption taxes
Corporate taxes
- Tax rate for resident companies
- Tax rate on long-term capital gains
- Capital gains are taxed at a rate of 10% under the Withholding Tax Regime or 31% under the Optional Tax Regime.
- System governing groups of companies and dividends paid by subsidiaries to their parent companies
- Dividends paid to non-resident companies are subject to a withholding tax of 10%. Dividends paid to resident companies are not charged.
- Tax rate on branches
- Branches are taxed from 5% or 31% depending of the fiscal regime.
Individual taxes
- Tax rate
- Allowable deductions and tax credit
Double taxation treaties
- Countries with whom a double taxation treaty have been signed
Accounting rules
- Tax year
- The fiscal year begins on July 1st and ends on June 30 of the next year.
In some cases, a fiscal exercise corresponding to the calendar year can be allowed.
- Accounting standards
- Accounting reports
- Each company has to publish a balance sheet each year.
- Accountancy profession
- The Ministry of Finance is the representative body.
- Certification and auditing