Notice No. 04/GBM/09 - Creation of Services for Handling Complaints, Information Requests, and Suggestions

NOTICE NO. 04/GBM/09
Maputo, 18 February 2009
SUBJECT: CREATION OF SERVICES FOR HANDLING COMPLAINTS, INFORMATION REQUESTS, AND SUGGESTIONS

Law No. 2/96 of 4 January regulates and disciplines the constitutional right to submit petitions, grievances, and complaints to the competent authority, with the exception of the courts.

Considering that the financial system has the duty to ensure adequate and uniform treatment of complaints, information requests, and suggestions from the public regarding the operation of Credit Institutions and Financial Societies, the Bank of Mozambique, materializing the provisions of paragraph 2 of Article 20 of Law No. 2/96 of 4 January, and using the powers conferred upon it by item d) of paragraph 2 of Article 37 of Law No. 1/92 of 3 January, has resolved:

1. To create a service for handling complaints, information requests, and suggestions related to Credit Institutions and Financial Societies (CIFS) at the Bank of Mozambique.
2. To determine that all Credit Institutions and Financial Societies must possess services for handling public complaints, information requests, and suggestions.
3. To approve the Regulations for the services for handling complaints, information requests, and suggestions, which constitute an annex and are an integral part of this Notice.

This Notice enters into force on the date of its publication.

Any doubts arising from the interpretation and application of this Notice should be submitted to the Strategic Planning, Communication, and Image Office of the Bank of Mozambique.

Ernesto Gouveia Gove
GOVERNOR

REGULATIONS FOR THE SERVICES FOR HANDLING COMPLAINTS, INFORMATION REQUESTS, AND SUGGESTIONS

ARTICLE 1
(Scope)
These Regulations apply to the services for handling complaints, information requests, and suggestions at the Bank of Mozambique and at Credit Institutions and Financial Societies (CIFS).

ARTICLE 2
(Object)

1. These Regulations establish the legal regime for the services for handling complaints, information requests, and suggestions referred to in the previous article.
2. The services referred to in the preceding paragraph consist of handling complaints, information requests, and suggestions from users of CIFS services and the general public, in accordance with Article 6 of these Regulations.

ARTICLE 3
(Places for submitting complaints, information requests, and suggestions)

1. The submission of complaints, information requests, and suggestions at the Bank of Mozambique should be made to the Strategic Planning, Communication, and Image Office (GPI), or at the Branches and Agencies of the Bank of Mozambique.
2. The submission of complaints, information requests, and suggestions at CIFS should be made at the institutions concerned.

ARTICLE 4
(Procedures to be observed by CIFS)
All CIFS must:
a) Create a unit for handling complaints, information requests, and suggestions within 90 days, counted from the date of publication of this Notice; b) Communicate the fact referred to in the previous item to the Bank of Mozambique, including the name and functions of the respective responsible person, within 30 days counted from the end of the period referred to in the same item; c) Establish an internal public service policy and its respective regulations, and send copies thereof to the Bank of Mozambique within the period referred to in the previous item; d) Communicate to the Bank of Mozambique any changes that occur in the leadership of the service referred to in item a), within 15 working days counted from the date of appointment of the new holder of the position.

ARTICLE 5
(Duties of the institutions complained against)

1. CIFS must handle complaints within a maximum period of 10 working days, which may be extended, for justified reasons, by an equal period, only once.

2. The extension is considered justified when the matter under analysis requires complementary evidentiary efforts or when cases of force majeure occur under the general terms of law, and the institution complained against has previously communicated the grounds to the Bank of Mozambique and the complainant.

3. CIFS must respond to requests from the Bank of Mozambique regarding matters subject to these Regulations, within a maximum period of 5 working days, counted from the date of receipt of the request.

4. The period referred to in the preceding number may be extended, only once and for an equal period, when circumstances justify it under paragraph 2 above, provided that such fact is communicated to the Bank of Mozambique.

5. CIFS must send to the Bank of Mozambique, electronic copies of all decisions regarding the complaints handled.

ARTICLE 6
(Procedures to be observed by users of the financial system) Users of the financial system may only resort to the services for handling complaints, information requests, and suggestions of the Bank of Mozambique in the following cases:
a) When they disagree with the treatment given by the CIFS to their complaints, for which they must always attach a copy of the decision taken by the complained-against bank; b) When there is no response within the periods provided for in the previous article.

ARTICLE 7
(Handling of information)

1. In handling information gathered regarding service in the financial system, the Bank of Mozambique will respond to the complainant, with knowledge of the complained-against CIFS, issuing a technical-administrative opinion on the disputed matter.
2. The Bank of Mozambique will publish and keep updated on its website statistics regarding the most complained-against institutions and their respective causes, without prejudice to legal supervision procedures.

ARTICLE 8
(Forms of public service)

1. The service referred to in these Regulations may be in-person, by telephone, by letter, by email, or by other means acceptable to CIFS, and in any case, technical competence, diligence, and neutrality required by Articles 42 to 45 of Law No. 15/99 of 1 November, as updated by Law No. 9/2004 of 21 June, and other applicable regulations must be used.
2. Telephone and in-person services must always be reduced to writing and numbered by the attendant, according to a form to be disseminated by instruction of the Bank of Mozambique.

ARTICLE 9
(Subsidiary Law)
Everything omitted in these Regulations shall be governed by Law No. 2/96 of 4 January, which disciplines the exercise of the right to petition, insofar as applicable.

ARTICLE 10
(Powers of the GPI)
The GPI is the structural unit of the Bank of Mozambique with which CIFS, users thereof, and the general public interact regarding the handling of complaints, information requests, and suggestions, and may issue instructions to operationalize these Regulations.