Decree No. 49/2010 of November 11 - Creates the Deposit Guarantee Fund (FGD) and Approves its Regulations

Thursday, November 11, 2010 I SERIES - Number 45 BOLETIM DA REPÚBLICA OFFICIAL PUBLICATION OF THE REPUBLIC OF MOZAMBIQUE SUPPLEMENT NATIONAL PRESS OF MOZAMBIQUE, E.P. NOTICE The matter to be published in the "Boletim da República" must be sent in a duly authenticated copy, one for each subject, which must contain, in addition to the necessary indications for this purpose, the following endorsement. Signed and authenticated: For publication in the "Boletim da República".

SUMMARY Council of Ministers: Decree No. 47/2010: Approves the Organic Statute of the Civic Service of Mozambique. Decree No. 48/2010: Approves the Regulation for Licensing and Operation of Higher Education Institutions. Decree No. 49/2010: Creates the Deposit Guarantee Fund, abbreviated as FGD, and approves its respective Regulation. Interministerial Commission for Public Service: Resolution No. 13/2010: Approves the Organic Statute of the Ministry of Mineral Resources.

COUNCIL OF MINISTERS Decree No. 47/2010 of November 11

Given the need to establish the competence, organization, and functioning of the Civic Service of Mozambique, under the terms of paragraph 3 of Article 3 of Law No. 16/2009 of September 10, the Council of Ministers decrees:

Article 1. The Organic Statute of the Civic Service of Mozambique, attached to this Decree and forming an integral part thereof, is approved:

Art. 2. It is incumbent upon the Minister who oversees the area of National Defense to approve the internal regulations of the Departments, Councils, and Support Bodies and Services of the Civic Service of Mozambique.

Approved by the Council of Ministers, on August 9, 2010. Published.

The Prime Minister, Aires Bonifácio Baptista Ali.

Organic Statute of the Civic Service of Mozambique

CHAPTER I General Provisions

ARTICLE 1 Name and Nature The Civic Service of Mozambique, abbreviated as SCM, is a public law legal entity, endowed with legal personality, administrative, patrimonial, and financial autonomy, under the guardianship of the Minister who oversees the area of national defense.

ARTICLE 2 Headquarters and Scope

1. The Civic Service of Mozambique has its headquarters in the city of Maputo, and may, whenever the exercise of its activities justifies it and with the authorization of the supervising Minister, create representations in other points of the country.
2. The Civic Service of Mozambique exercises its activities throughout the national territory.

ARTICLE 3 Attributions The attributions of the Civic Service of Mozambique are: a) To develop administrative, assistance, cultural, and economic activities, in substitution or complement to the Military Service, for all citizens not subject to military duties; b) To contribute, through basic civic, patriotic training, and technical-professional qualification, to national efforts in socioeconomic development; c) To contribute to meeting the needs of local communities through the provision of services that fall under the letter a) of this article; d) To develop actions for the joint realization of programs and projects of common interest with other national public and private institutions or bodies, within the scope of civic service.

ARTICLE 4 Cooperation with Other Institutions Within the scope of its attributions and aiming for a better pursuit of its ends and Objectives, the SCM may establish protocols and memorandums of cooperation with similar institutions or with other public and private national or foreign bodies.

CHAPTER II Structure, Command, and Competencies

ARTICLE 5 Structure The structure of the Civic Service of Mozambique comprises: a) The Command of the SCM; b) The territorial implementation bodies; c) The SCM Collectives.

SECTION I Of the SCM Command

ARTICLE 6 Command

1. The Command of the Civic Service of Mozambique is directed by a Commander, assisted by a Vice-Commander, and integrates: a) Department of Instruction and Training; b) Department of Productive Activities; c) Department of Human Resources; d) Department of Logistics and Maintenance; e) Department of Finance.
2. Attached to the Commander function the following support bodies: a) The Commander's Office; b) The Legal Office; c) The Support and Services Detachment.

ARTICLE 7 Commander

1. The Commander of the SCM is a Major-General or Rear-Admiral, depending on the Minister who oversees the area of National Defense.
2. The Commander of the SCM is appointed by the President of the Republic upon proposal of the Minister who oversees the area of national defense.

ARTICLE 8 Vice-Commander

1. The Vice-Commander of the SCM is a Brigadier or Commodore.
2. The Vice-Commander of the SCM is appointed by the Minister who oversees the area of national defense.

ARTICLE 9 Heads of Departments

1. The Heads of Departments are Colonels or Naval Captains.
2. The Heads of Departments are appointed by the Minister who oversees the area of National Defense, upon proposal of the Commander of the Civic Service of Mozambique.

ARTICLE 10 Competencies of the Commander It is incumbent upon the Commander of the SCM: a) To propose to the Minister who oversees the area of national defense the approval of the strategic development plan, the activity plan, and annual budgets; b) To appoint, promote, dismiss, and remove trainers and technical corps staff, in accordance with the law, the Statute, and other applicable regulations; c) To ensure compliance with principles, norms, and regulations in force in the SCM; d) To ensure the instruction and training process, administrative, patrimonial, and financial management, guaranteeing the harmonization of the functioning of the SCM bodies; e) To approve the instruction and training programs for civic service providers; f) To promote and ensure the relationship of the SCM with other national and international bodies or entities; g) To establish directives and instructions and oversee their execution, notably in the areas of instruction, training, technical-professional qualification, production, personnel and facility security; h) To exercise disciplinary competence.

ARTICLE 11 Competencies of the Vice-Commander It is incumbent upon the Vice-Commander of the SCM: a) To assist the Commander; b) To oversee compliance with the Commander's directives and determinations regarding the security of personnel, materials, and facilities; c) To exercise other competencies delegated to him by the Commander; d) To replace the Commander in case of absence or impediment.

ARTICLE 12 Competencies of Department Heads It is incumbent upon Department Heads: a) To study and carry out the planning of activities related to their area of action; b) To study, propose, and disseminate norms, plans, and directives that guide and determine actions to be carried out; c) To exercise technical direction within their sector; d) To ensure the proper application of norms related to justice and discipline within the Department; e) To coordinate actions related to ensuring well-being and social support; f) To supervise the preparation of manuals, technical norms, and regulations in matters concerning the activities of their area; g) To propose and carry out administrative acts related to their area of operation; h) To exercise other activities assigned by superiors.

ARTICLE 13 Department of Instruction and Training

1. It is incumbent upon the Department of Instruction and Training to plan, coordinate, and direct instruction, training, and technical-professional qualification activities.
2. It is also incumbent upon the Department of Instruction and Training: a) To propose to the Commander the program and calendar of instruction, training, and technical-professional qualification activities; b) To prepare the proposal for the basic, civic, and patriotic instruction plan; c) To present suggestions for the change and improvement of instruction, training, and technical-professional qualification methodologies; d) To prepare periodic reports on the development of the instruction, training, and technical-professional qualification process, as well as to issue respective opinions; e) To ensure the technical coordination of instruction and training centers.

ARTICLE 14 Department of Productive Activities

1. It is incumbent upon the Department of Productive Activities to plan, coordinate, supervise, guide, and direct the planning and execution of productive activities.
2. It is also incumbent upon the Department: a) To ensure the provision of technical assistance to productive units; b) To prepare and maintain updated the database of public and private institutions hosting civic service providers; c) To manage and commercialize produced goods and services rendered.

ARTICLE 15 Department of Human Resources

1. It is incumbent upon the Department of Human Resources to ensure the management of SCM personnel.
2. It is also incumbent upon the Department of Human Resources: a) To ensure the correct application of personnel management norms; b) To ensure the provision of support services to personnel; c) To propose the admission of technical personnel, their promotion, and the practice of pertinent administrative acts; d) To study and propose the employment conditions of civic service providers; e) To update the SCM personnel roster, according to needs; f) To prepare proposals for diplomas and regulations related to personnel; g) To plan internships, qualification, and improvement courses; h) To compile data for the preparation of reports on the situation of civic service providers; i) To evaluate the periodic performance of the personnel roster.

ARTICLE 16 Department of Logistics and Maintenance

1. It is incumbent upon the Department of Logistics and Maintenance to ensure logistical supply and guarantee the administration and maintenance of SCM infrastructure and equipment.
2. It is also incumbent upon the Department of Logistics and Maintenance: a) To guarantee continuous resupply with food, uniforms, equipment, fuels, and lubricants; b) To ensure the proper use of movable and immovable assets; c) To prepare and execute the general transport plan; d) To guarantee the reception, control, and storage of security material means allocated to the SCM; e) To study and propose norms for the operation and disposal of SCM material and equipment; f) To organize tenders for the acquisition of goods and requisition of services by the SCM, in accordance with appropriate legislation.

ARTICLE 17 Department of Finance

1. It is incumbent upon the Department of Finance to ensure the normal functioning of financial activities of the SCM.
2. It is also incumbent upon the Department of Finance: a) To prepare the budget proposal and ensure its execution; b) To ensure the correct application of budget execution norms and financial resource management; c) To ensure the execution of an adequate accounting system related to all activities developed by the Civic Service of Mozambique; d) To exercise technical authority and conduct audits within the scope of financial administration; e) To exercise other financial activities within the scope of SISTAFE; f) To guarantee the collection of own revenues and proceed with SCM expense payments; g) To guarantee the submission to the Administrative Court of all records of each fiscal year, related to the judgment of accounts.

ARTICLE 18 Commander's Office

1. The Commander's Office of the SCM provides direct and personal support to the Commander.
2. It is incumbent upon the Commander's Office: a) To organize the Commander's work program; b) To establish work relations between the SCM and other institutions; c) To assist the Commander; d) To organize the dispatch, correspondence, and filing of the Office; e) To ensure the dissemination and control of the execution of the Commander's decisions and instructions.

ARTICLE 19 Legal Office

1. The Legal Office provides legal support and advice to the SCM Command.
2. It is incumbent upon the Legal Office: a) To support the Commander in matters of a legal and contentious nature; b) To intervene, when requested, in disciplinary and inquiry processes, investigations, or checks; c) To coordinate the processes of preparation and harmonization of legal draft proposals initiated by the SCM; d) To provide legal assistance in the preparation and drafting of protocols, contracts, and other legal instruments of interest to the SCM; e) To provide information and issue legal opinions; f) To participate, in coordination with competent bodies, in negotiations of agreements and other legal instruments involving the SCM; g) To compile and maintain updated the register of legislation relevant to the pursuit of the SCM's attributions.

ARTICLE 20 Support and Services Detachment

1. The Support and Services Detachment provides general support to the SCM Command.
2. The Support and Services Detachment integrates: a) The Commander; b) Technical and administrative bodies; c) Support and Services Sub-units.
3. It is incumbent upon the Support and Services Detachment: a) To ensure service support at the Command level; b) To guarantee logistical resupply, transport services, maintenance, and medical assistance; c) To ensure the proper use of financial funds; d) To apply personnel and facility security norms.

SECTION I Of the Territorial Implementation Bodies

ARTICLE 21 Enunciation

1. The territorial implementation bodies of the SCM are: a) Productive Units; b) Instruction and Training Centers.
2. The territorial implementation bodies function under the direct dependence of the Commander of the Civic Service of Mozambique.

ARTICLE 22 Productive Units

1. Productive Units are SCM bodies responsible for production and/or service provision.
2. It is incumbent upon Productive Units: a) To organize and execute production processes and service provision; b) To use the providers of the Civic Service of Mozambique rationally and effectively; c) To use effectively and efficiently the combination of available production factors; d) To guarantee compliance with pre-established goals in plans and signed protocols.
3. Productive units are directed by a Colonel or Naval Captain, if military, or a Senior Technician of Level 1, appointed by the supervising Minister.

ARTICLE 23 Instruction and Training Centers

1. Instruction and Training Centers are SCM bodies responsible for basic, civic, and patriotic instruction as well as technical-professional training and qualification.
2. It is incumbent upon Instruction and Training Centers: a) To execute basic, civic, and patriotic instruction activities for placed citizens; b) To prepare and disseminate norms, plans, and directives that determine and guide actions to be developed within the scope of instruction and training; c) To prepare manuals, technical norms, and regulations in matters concerning instruction and training activities; d) To coordinate and oversee the execution of annual teaching and training plans and programs; e) To study, plan, and propose activities related to physical education, culture, and sports; f) To confer technical-professional capacities to placed citizens; g) To exercise other activities assigned by superiors.
3. Instruction and Training Centers are directed by a Colonel or Naval Captain, appointed by the supervising Minister.

CHAPTER III Collectives of the Civic Service of Mozambique

ARTICLE 24 Collectives The collectives of the SCM are: a) The Council of the Civic Service of Mozambique; b) The Command Collective; c) The Ethics and Discipline Council.

ARTICLE 25 SCM Council

1. The SCM Council is the advisory body of the Command, on fundamental matters of the institution.
2. The SCM Council is composed of: a) The Commander; b) The Vice-Commander; c) The Heads of Departments; d) The Heads of Support Bodies; e) The Commanders of Productive Units and Instruction and Training Centers.
3. Council meetings are convened and directed by the Commander.
4. The SCM Commander may invite officers, technicians, and other SCM staff to participate in Council meetings.
5. The SCM Council meets ordinarily once a year and extraordinarily whenever necessary.

ARTICLE 26 Competencies of the SCM Council It is incumbent upon the SCM Council: a) To evaluate and pronounce on the annual activity program; b) To pronounce on the budget proposal; c) To appreciate the professional merit and disciplinary situation of personnel; d) To pronounce on the proposal for alteration of the Statute.

ARTICLE 27 Command Collective

1. The Command Collective is the advisory body of the Commander, with the function of support in the analysis and decision on issues arising from the SCM work program.
2. The Command Collective is composed of: a) The Commander; b) The Vice-Commander; c) The Heads of Departments.
3. Command Collective meetings are convened and directed by the Commander.
4. The SCM Commander may invite officers, technicians, and other SCM staff to participate in Collective meetings.
5. The Command Collective meets ordinarily once a week and extraordinarily whenever necessary.

ARTICLE 28 Competencies of the Collective It is incumbent upon the Command Collective: a) To appreciate general measures that promote the efficiency and effectiveness of the Command; b) To analyze the preparation, execution, and control activities of plans and programs; c) To appreciate the activity plan and carry out its respective periodic balance; d) To pronounce on proposals for regulatory instruments to be submitted for approval, which prove necessary for the exercise of the SCM's activity.

ARTICLE 29 Ethics and Discipline Council

1. The Ethics and Discipline Council is the advisory body of the Commander, on matters of an ethical and disciplinary nature.
2. The Ethics and Discipline Council is composed of: a) The Vice-Commander; b) The Heads of Departments; c) The Head of the Legal Office.
3. Meetings of the Ethics and Discipline Council are convened and directed by the Commander.

ARTICLE 30 Competencies of the Ethics and Discipline Council It is incumbent upon the Ethics and Discipline Council: a) To assist the Commander of the Civic Service of Mozambique in all matters of an ethical, professional, and disciplinary nature submitted to him; b) To appreciate disciplinary processes in which staff, technicians, and providers of the Civic Service of Mozambique are accused; c) To pronounce on proposals for merit and awards for work to be attributed to the personnel of the Civic Service.

CHAPTER V Personnel

ARTICLE 31 Regime

1. The personnel of the SCM is governed by the Military Statute, the Organic Statute of the Civic Service of Mozambique, and subsidiarily, by the General Statute of State Functionaries and Agents and other applicable legislation.
2. The personnel roster of the SCM is approved in accordance with the law.

CHAPTER VI Patrimonial and Financial Management

ARTICLE 32 Revenues The revenues of the SCM consist of: a) The appropriations of the State Budget; b) Own revenues resulting from its activity; c) Donations and other forms of financial support.

ARTICLE 33 Expenses The expenses of the SCM consist of charges with: a) Salaries and other remunerations; b) Continuous resupply of food, uniforms, fuels, and lubricants; c) Acquisition, maintenance, and conservation of goods and equipment; d) Realization of studies, within the scope of civic service; e) Instruction, training, and technical-professional qualification; f) Other operating costs.

ARTICLE 34 Management The administrative management of the SCM is carried out based on: a) The general applicable legislation; b) This Statute; c) The Internal Regulation; d) Activity plans and budget.

ARTICLE 35 Judgment of Accounts

1. The annual budget of the SCM depends on the approval of the minister who oversees the area of national defense.
2. The annual report and accounts must be submitted, in accordance with the law, for approval: a) By the Minister of National Defense; b) By the Administrative Court.

CHAPTER VII Final and Transitional Provisions

ARTICLE 36 Regulation The Minister who oversees the area of national defense approves, within a period of one hundred and eighty days, counting from the date of publication of this Statute, the Internal Regulations of the SCM bodies.

ARTICLE 37 Patrimony and Personnel

1. The initial patrimony of the SCM consists of assets transferred from the Ministry of National Defense.
2. The initial personnel to be assigned to the Civic Service of Mozambique consists of officials from the Ministry of National Defense and officers of the Armed Forces of Defense of Mozambique in active service.

Decree No. 48/2010 of November 11

Given the need to establish principles, norms, and procedures regulating the creation and functioning of Higher Education Institutions, under the terms of paragraph 1 of Article 32 of Law No. 27/2009 of September 29, the Council of Ministers decrees:

Article 1. The Regulation for Licensing and Operation of Higher Education Institutions, attached to this Decree and forming an integral part thereof, is approved.

Art. 2. This Decree enters into force on the date of its publication.

Approved by the Council of Ministers, on August 24, 2010. Published.

The Prime Minister, Aires Bonifácio Baptista Ali.

Regulation for Licensing and Operation of Higher Education Institutions

CHAPTER I General Provisions

ARTICLE 1 Definitions For the purposes of this Regulation, the following are understood:

1. Academies: higher education institutions dedicated to teaching in specific areas, namely, the arts, literature, technical skills such as military and police, specialized training, and commerce, authorized to confer academic degrees and diplomas.
2. Higher Schools: higher education institutions affiliated or not to a university, a higher institute, or an academy, dedicated to teaching in a certain branch of knowledge and extension, and authorized to confer academic degrees and diplomas.
3. Faculties: primary academic units of a university or a higher institute that deal with teaching, research, extension, and learning in a certain branch of knowledge, involving the interaction of several academic departments and the provision of teaching leading to the obtaining of a degree or diploma.
4. Higher Education Institutions: legal entities of public or private law, with legal personality, enjoying scientific, pedagogical, administrative, disciplinary, financial, and patrimonial autonomy, and classified according to their mission or type of ownership and financing.
5. Public Higher Education Institutions: institutions whose main source of revenue is the State Budget and are supervised by it.
6. Private Higher Education Institutions: institutions belonging to private or mixed legal entities, whose main sources of revenue are private, which can be classified as for-profit and non-profit, and may take the form of an association, foundation, commercial company, or cooperative.
7. Higher Institutes: specialized institutions, affiliated or not to a university, dedicated to training and research in the field of sciences...