Law No. 27/2022 of 29 December - Legal Regime for Bank Accounts Made Available by Credit Institutions

SUMMARY
NOTICE
The matter to be published in the "Boletim da República" must be submitted in duly authenticated copy, one per subject, containing, in addition to the necessary indications for this purpose, the following endorsement, signed and authenticated: For publication in the "Boletim da República". NATIONAL PRESS OF MOZAMBIQUE, E.P. SUPPLEMENT National Assembly:
Law No. 24/2022:
Alters articles 18, 54 and 132 of Law No. 7/2018 of 3 August, amended and republished by Law No. 14/2018 of 18 December, which establishes the legal framework for the election of Members of the Local Council Assembly and the President of the Local Council, and repeals article 222 of Law No. 7/2018 of 3 August. Law No. 25/2022:
Law on the Creation of Local Governments.
Law No. 26/2022:
Law on Professional Education and repeals Laws No. 23/2014 of 23 September and No. 6/2016 of 16 June.
Law No. 27/2022:
Establishes the legal regime for bank accounts made available by credit institutions.
Thursday, 29 December 2022 SERIES I — Number 251 NATIONAL ASSEMBLY Law No. 24/2022 of 29 December Given the need to carry out a targeted revision of the legal framework regarding the election of members of the Local Council Assembly and the President of the Local Council, in accordance with paragraph 4 of article 135, combined with paragraph 2(d) of article 178, both of the Constitution of the Republic, the National Assembly determines:
Article 1
(Amendment)
Articles 18, 54 and 132 of Law No. 7/2018 of 3 August, amended and republished by Law No. 14/2018 of 18 December, which establishes the legal framework for the election of Members of the Local Council Assembly and the President of the Local Council, are amended, to read as follows:
“Article 18
(Eligibility and manner of presenting candidacies)
1. Eligibility to present candidacies to local government bodies lies with the political party, coalition of political parties, or group of citizen voters proposing, legally constituted, through plurinominal lists.
2. The presentation of the list of candidates for local government bodies is made by the mandate holder or by whom the political party, coalition, or group of citizen voters delegates for this purpose, before the National Elections Commission, up to 60 days before the date set for the elections.
3. […].
Article 54
(Voting Assembly)
1. […].
2. The copy of the electoral register serves solely to help the voter in the prior location of the voting assembly desk where they must vote and to allow for good organization of voter queues, by auxiliary staff at the entrance of the voting assembly desk, and to guarantee that voting proceeds in a swift and orderly manner.
3. […].
4. Up to 30 days before the election date, the National Elections Commission distributes to the candidacy mandate holder, publishes in the media, and posts in places of easy public access the definitive map of voting assembly operating locations, indicating the voting assembly code, its respective desk, the number of voters per each electoral register, and its code.
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5. Up to 30 days before the elections, the National Elections Commission delivers to the election candidates the electoral registers in electronic format.
Article 132
(Number of members to be elected per each local government)
1. It is incumbent upon the National Elections Commission, via notice published in the Boletim da República and the media, to publish the number of effective and substitute members per each local government, before the registration of proposers.
2. […]”.
Article 2
(Repeal)
Article 222 of Law No. 7/2018 of 3 August, amended and republished by Law No. 14/2018 of 18 December, is repealed.
Article 3
(Entry into Force)
This Law enters into force on the date of its publication.
Approved by the National Assembly on 15 December 2022. — The President of the National Assembly, Esperança Laurinda Francisco Nhiuane Bias.
Promulgated on 23 December 2022.
Let it be published.
The President of the Republic, Filipe Jacinto Nyusi.
Law No. 25/2022 of 29 December
Given the need to create new local governments in some territorial circumscriptions, within the framework of gradualism advocated for the decentralization process in the Republic of Mozambique and verifying that objective conditions exist for this purpose, under the provisions of paragraph 1 of article 178, combined with article 288, both of the Constitution of the Republic, the National Assembly determines:
Article 1
(Creation)
The following Local Governments are created:
1. Maputo Province:

• Town of Marracuene;
• Town of Matola-Rio.
  2. Gaza Province:
• Town of Massingir.
  3. Inhambane Province:
• Town of Homoíne.
  4. Sofala Province:
• Town of Caia.
  5. Manica Province:
• Town of Guro.
  6. Zambézia Province:
• Town of Morrumbala.
  7. Tete Province:
• Town of Chitima.
  8. Nampula Province:
• Town of Mossuril.
  9. Cabo Delgado Province:
• Town of Balama;
• Town of Ibo.
  10. Niassa Province:
• Town of Insaca.
  Article 2
  (Entry into Force)
  This law enters into force on the date of its publication.
  Approved by the National Assembly on 14 December 2022. — The President of the National Assembly, Esperança Laurinda Francisco Nhiuane Bias.
  Promulgated on 23 December 2022.
  Let it be published.
  The President of the Republic, Filipe Jacinto Nyusi Law No. 26/2022 of 29 December Given the need to revise the Law on Professional Education, approved by Law No. 23/2014 of 23 September, amended and republished by Law No. 6/2016 of 16 June, with a view to aligning it with the Law on the National Education System and other applicable legislation, under the provisions of paragraph 1 of article 178 of the Constitution of the Republic, the National Assembly determines:
  CHAPTER I
  General Provisions
  Article 1
  (Subject Matter)
  This Law establishes the legal framework for the organization and operation of Professional Education, as well as for the exercise by the State of its regulatory, supervisory, and quality assurance actions regarding training and services provided by Technical-Professional Teaching Institutions and Professional Training Institutions.
  Article 2
  (Scope)
  This Law applies to all public, cooperative, community, and private institutions that develop Technical-Professional Teaching and Professional Training in the Republic of Mozambique.
  Article 3
  (Definitions)
  The meaning of the terms and expressions used in this Law are contained in the Glossary, attached, which is an integral part hereof.
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  Article 4
  (Objective)
  In addition to the general objectives provided for in the Law on the National Education System, the Professional Education Subsystem is governed by the following specific objectives:
  a) develop workforce capabilities through:
  i. introduction of methods, curricula, and training modalities that respond to labor market needs;
  ii. improvement of workers' professional skills, their employment prospects, and labor mobility;
  iii. increase in productivity and competitiveness of professionals;
  iv. promotion of self-employment.
  b) promote the participation of trainees in curricular internships at the workplace; c) promote and encourage gender equality and equity, through increasing the participation rate of girls and women in Professional Education programs; d) encourage the participation of workers in professional training actions; e) improve employability and self-employment creation prospects for trainees and graduates of Professional Education; f) increase investment levels in Professional Education and enhance the return on that investment; g) encourage employers to:
  i. use the workplace as an active learning environment;
  ii. provide workers with the opportunity to acquire new skills;
  iii. provide opportunities for newly graduated individuals to acquire work experience.
  h) guarantee the quality of professional education and its relevance to the labor market.
  Article 5
  (Principles)
  In addition to the Principles of the National Education System, the Professional Education Subsystem is governed by the following specific principles of:
  a) participatory governance – involvement of the productive sector, workers' unions, and civil society in decision-making processes regarding the management of the Professional Education Subsystem and training-providing institutions; b) coherence – training oriented by labor market demand and promotion of self-employment; c) flexibility – freedom granted to trainees to choose the modules comprising the qualification they wish to pursue and where they wish to attend it, as well as the possibility of intermediate exits to the labor market; d) autonomy – pedagogical freedom and technical and technological innovation; e) gender equity – promotion of access for girls and women to Professional Education, particularly in science, engineering, and technology fields; f) inclusion – promotion of access to Professional Education for trainees with disabilities and special educational needs.
  CHAPTER II
  Professional Education
  SECTION I
  Generalities
  Article 6
  (Characterization)
  1. Professional Education is a Subsystem of the National Education System (NES), and constitutes the main instrument for the professional training of the qualified workforce, necessary for the economic and social development of the Country.
  2. Professional Education integrates technical-professional teaching, professional training, extra-institutional professional training, and professional higher education.
  3. Professional Education is structured and operates in an integrated, coherent, and flexible system oriented towards the labor market.
  4. The Professional Education Subsystem comprises:
  a) a structure for regulation, supervision, and quality assurance of professional education; b) a National Framework of Professional Qualifications (NFPQ); c) a National Catalogue of Professional Qualifications (NCPQ); d) a Quality Assurance System; e) a System for Assessment and Certification of Professional Education Trainees; f) a System for Assessment and Certification of Professional Education Trainers, Evaluators, and Verifiers; g) a System for Accumulation and Transfer of Professional Education Credits; h) a System for Recognition of Acquired Competences; i) a System for Training Internships; j) a Centralized System for Credit Registration and Issuance of Certificates of levels completed by professional education trainees.
  Article 7
  (Strategies and mechanisms)
  In pursuing the specific objectives, the Professional Education Subsystem promotes:
  a) partnerships between the public and private sectors in the provision of professional education; b) a Training Internship System; c) the autonomy of Professional Education Institutions for their greater capacity to respond to local needs; d) a centralized system for credit registration and issuance of certificates of levels completed by Professional Education Trainees; e) a co-financing mechanism for professional education to promote and improve the training component.
  Article 8
  (Public-private partnership)
  1. The State encourages partnerships between the public sector, including decentralized entities, and the private sector, including cooperative or community sectors, for the realization of Professional Education activities.
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  2. The mechanisms for enabling public-private partnerships necessarily presuppose the creation of mixed companies for the management of Professional Education Institutions.
  3. Professional Education Institutions managed under public-private partnerships enjoy priority access to public funds, as well as other facilities, relative to fully private institutions, without prejudice to other public financing mechanisms for professional education.
  SECTION II
  Professional Training
  Article 9
  (Characterization)
  Professional training is carried out through a training process focused on a specific professional area, adjusted to the National Framework of Professional Qualifications, and aims to respond to specific labor market needs, conferring occupational certificates.
  Article 10
  (Structure)
  1. Professional training is carried out in Professional Training Centers and is structured by modules, qualifications, and levels, according to the NFPQ.
  2. The completion of each module confers upon the trainee the corresponding credits, the accumulation of which leads to the obtaining of a specific certification level, described in the NFPQ, provided all modules comprising the respective qualification are completed.
  SECTION III
  Extra-institutional professional training
  Article 11
  (Characterization)
  1. The Professional Education Subsystem recognizes and values training acquired by citizens outside professional education institutions, provided it corresponds to competence standards registered in the NFPQ.
  2. The NFPQ validates and certifies training acquired outside professional education institutions, and allows its beneficiaries access to qualifications taught by formal professional education institutions.
  Article 12
  (Implementation)
  1. The framing of extra-institutional professional training within the NFPQ is carried out through the System for Recognition of Acquired Competences.
  2. It is incumbent upon the Government to approve the System for Recognition of Acquired Competences.
  SECTION IV
  Technical-professional teaching
  Article 13
  (Characterization)
  1. Technical-Professional Teaching provides qualifications corresponding to various training areas, organized through respective programs and curricula based on competence standards, according to the NFPQ.
  2. Technical-Professional Teaching aims to respond to labor market demands and confers upon trainees vocational certificates and the possibility of access to Higher Education in the respective technical training area.
  Article 14
  (Structure)
  1. Technical-Professional Teaching is carried out in Medium Technical Institutes and Professional Schools and is structured by qualifications and levels according to the National Framework of Professional Qualifications, which is governed by specific legislation.
  2. Access to Technical-Professional Teaching presupposes the completion of the 1st cycle of Secondary Teaching of the National Education System or equivalent.
  3. It is incumbent upon the body that oversees Technical-Professional Teaching to define the form and methods for the progressive discontinuation of the basic level of Technical Professional Teaching, taking into account the compulsory schooling established in the Law on the National Education System.
  SECTION V
  Professional Higher Education
  Article 15
  (Characterization)
  Professional Higher Education, whose attributions and competencies are restricted to the area overseeing Higher Education, integrates the education offered by Universities, Polytechnic Institutes, and other forms of Professional Education at the Higher Education level.
  Article 16
  (Structure)
  Without prejudice to what is established in the Higher Education Law, Polytechnic Institutes and other similar Higher Education institutions organize and structure their programs and courses in obedience to the National Qualifications Framework.
  SECTION VI
  Professional education institutions
  Article 17
  (Nature)
  Professional Education Institutions are legal entities of public or private law, endowed with legal personality, which may comprise:
  a) Public Professional Education Institutions; b) Private Professional Education Institutions; c) Mixed Professional Education Institutions.
  Article 18
  (Autonomy)
  1. Professional Education Institutions enjoy scientific, pedagogical, and administrative autonomy.
  2. Public Professional Education Institutions may also enjoy financial and patrimonial autonomy provided the requirements provided for in applicable legislation are met.
  3. The autonomy of Professional Education Institutions aims at pedagogical freedom and technical and technological innovation, within the framework of national policies and plans.
  4. Professional Education Institutions exercise the powers and faculties necessary for the pursuit of their activity, equipping themselves with adequate means and resources.
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  Article 19
  (Scientific and pedagogical autonomy)
  1. Professional Education Institutions enjoy scientific and pedagogical autonomy that grants them the capacity to, in harmony with the National Catalogue of Professional Qualifications and considering the labor market and the economic and social development needs of the country:
  a) define teaching areas, plans, programs, scientific and technological, cultural, sports, and artistic research projects; b) introduce and suspend the teaching of qualifications; c) propose qualifications and respective programs; d) define admission criteria for candidates.
  2. In the realization of scientific and pedagogical autonomy, Professional Education Institutions may establish mutually beneficial partnerships with other public or private entities, national or foreign, adjusted to the nature and purposes of the institution, considering the general lines of national policies on the sector.
  3. From decisions emanating from the superior bodies of Professional Education Institutions, in pedagogical or related matters, an appeal may be lodged with the Professional Education regulatory body.
  Article 20
  (Administrative, financial, and patrimonial autonomy)
  1. Professional Education Institutions are constituted as autonomous management entities of the entity or institution to which they belong, according to the autonomy conferred.
  2. The form and extent of the exercise of administrative, financial, and patrimonial autonomy are governed by current legislation, agreements, contracts, or other similar instruments that served as the basis for the creation and operation of the institution.
  3. Within the framework of their administrative, financial, and patrimonial autonomy, Professional Education Institutions may capture and dispose of, in the context of their teaching or other activity, revenues, patrimonial assets, and other patrimonial assets.
  Article 21
  (Oversight of Public Professional Education Institutions)
  1. The administrative oversight of Public Professional Education Institutions created by central bodies is exercised by the sectors in the Central Government that oversee the areas comprising Professional Education.
  2. Administrative oversight may be delegated to bodies at the provincial and district level that direct and ensure the execution of activities inherent to Professional Education.
  3. It is incumbent upon the Government to regulate the exercise of the administrative oversight referred to in paragraphs 1 and 2 of this article.
  Article 22
  (Duty to Inform)
  Professional Education Institutions must make available and provide relevant information and data of public interest, including statistics on the training process, to the State and the general public.
  Article 23
  (Staffing of Professional Education Institutions)
  1. Professional Education Institutions must be endowed with their own staffing.
  2. When it comes to trainers, evaluators, or verifiers, they require certification and registration with the Professional Education regulatory body.
  Article 24
  (Governance of Professional Education Institutions)
  1. Professional Education Institutions, in their operation, observe the principle of participatory governance.
  2. The statutes of Public Professional Education Institutions must provide for the existence of a management committee, with representation from employers, workers' organizations, trainees, and civil society.
  3. Professional Education Institutions must have statutes, a general internal regulation, specific regulations for pedagogical, internship, and administration and finance areas, necessary for the transparent and efficient governance of the institution and pedagogical activity.
  4. It is incumbent upon the Government to approve the criteria for the organization and operation of Professional Education Institutions.
  Article 25
  (Community Centers for Competence Development)
  1. Community Centers for Competence Development (CCDC) are primary units for training and community development, whose objective is the training and capacity building of community members through the development of professional skills, aiming to improve the quality of life, production, and productivity of community members.
  2. CCDCs are managed by the community, association, or grassroots community organization, and may teach selected modules from the National Catalogue of Professional Qualifications according to their needs.
  3. It is incumbent upon the District Administrator or President of the Local Council to authorize the creation and operation of Community Centers for Competence Development (CCDC), created under the initiative of the respective community, association, or grassroots community organization.
  4. It is incumbent upon the Professional Education regulatory body to regulate the criteria for the creation and operation of community centers.
  5. It is incumbent upon the Professional Education Regulatory Body to approve the model regulation for Community Centers for Competence Development.
  6. The District Administrator or President of the Local Council must inform the Professional Education Regulatory Body of the creation and operation of the CCDC.
  SECTION VII
  National Framework of Professional Qualifications
  Article 26
  (Characterization and purposes)
  1. The National Framework of Professional Qualifications (NFPQ) is an integral part of the National Qualifications Framework (NQF).
  2. The NFPQ aims to guarantee transparency, articulation, coherence, and harmonization of professional qualifications at the national level, as well as their alignment with other qualifications frameworks, allowing greater mobility and recognition of national professional qualifications in the region, continent, and world.
  3. The NFPQ covers all levels of professional education, including certificates obtained through the recognition and certification of competences acquired through non-formal and informal means.
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  4. The NFPQ provides for the accumulation and transfer of credits, subject to specific legislation.
  Article 27
  (Objectives)
  The objectives of the NFPQ are:
  a) promote a Professional Education that responds to labor market demands and the development needs of the Country; b) ensure that there are mechanisms for permanent dialogue, active participation, and articulation between employers, workers, and civil society and the Institutions of the Professional Education Subsystem in the definition of competence standards; c) establish a framework for equivalence and