Notice No. 6/GBM/2011: Regulation on the Calculation and Establishment of Mandatory Reserves

BOLETIM DA REPÚBLICA PUBLIC OFFICIAL PUBLICATION OF THE REPUBLIC OF MOZAMBIQUE SUMMARY NOTICE The matter to be published in the "Boletim da República" must be submitted 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". NATIONAL PRESS OF MOZAMBIQUE, E.P. Wednesday, September 28, 2011 I SERIES — Number 39 Ministry of Public Works and Housing:
Ministerial Diploma No. 232/2011:
Approves the Internal Regulations of the Maputo Sul Development Company, E.P.
Bank of Mozambique:
Notice No. 6/GBM/2011:
Approves the Regulation on the Calculation and Establishment of Mandatory Reserves.
MINISTRY OF PUBLIC WORKS AND HOUSING
Ministerial Diploma No. 232/2011 of September 28 Given the need to define with greater detail the functioning of the Maputo Sul Development Company, a Public Company, abbreviated as Maputo Sul, E.P., under the provisions of paragraph 1 of Article 33 of its respective statutes, approved by Decree No. 31/2010, of August 23, I determine:
Sole Article. The Internal Regulations of the Maputo Sul Development Company, E.P., and its organizational chart, attached, are approved and form an integral part of this diploma.
Maputo, July 6, 2011. – The Minister, Cadmiel Filiane Mutemba.
Internal Regulations of the Maputo Sul Development Company, E.P.
CHAPTER I
General Provisions
Article 1
(Nature)
1. Maputo Sul, E.P., is a public company, endowed with legal personality and with administrative, financial, and patrimonial autonomy.
2. To pursue its objectives, the Company may:
a) Subscribe to financial participations and constitute mixed companies; b) Explore activities related and subsidiary to its main object; c) Promote the commercialization of service provision and technology; d) Invest, manage, or participate in the capital of other societies, provided it obtains the necessary authorization from the supervising ministry.
3. Maputo Sul, E.P. identifies itself by its firm name, logo, oil stamp, or white seal, adopted by deliberation of its Board of Directors.
Article 2
(Scope)
These regulations apply to the Maputo Sul, E.P. company, to the holders of its governing bodies, management, leadership, and to all workers employed under any title at its headquarters and/or branches in the country and abroad, governing its internal relations, with its users, and the general public.
Article 3
(Objectives of the company)
The objectives of Maputo Sul, E.P., include, inter alia:
a) Ensuring the implementation of government policies and decisions concerning the design, execution, and operation of the KaMpfumo to KaTembe bridge and the roads connecting Maputo to Ponta do Ouro and Boane to Belavista; b) Taking steps with competent entities to pursue correct planning and management of real estate business in the area under its jurisdiction; c) Participating in the development of activities, initiatives, and public-private partnerships that contribute to the economic and social development of the southern region of the Maputo province or in any other place, provided it is duly authorized by the Minister of Finance, upon a favorable opinion from the Minister of the sectoral supervising ministry.
Article 4
(Organization and functioning)
Maputo Sul, E.P., is organized according to the organizational chart attached, which forms an integral part of these Regulations.
Article 5
(Attributions of Maputo Sul)
1. The attributions of Maputo Sul, E.P. are:
a) Propose lands to be declared State reserves for the construction, widening, or expansion of the KaTembe bridge and the roads from Maputo to Ponta do Ouro and from Boane to Belavista; b) Propose the acquisition, even by expropriation, with compensation, of private properties that are necessary for the strict realization of its objectives; c) Supervise the execution processes by the Concessionaire company of the KaTembe Bridge construction works, the road crossing this bridge, connecting the city of Maputo to Ponta do Ouro, and the road connecting Boane to Belavista, and their conformity with the approved plans, specifications, and respective projects; d) Analyze and decide on any well-founded proposal for alteration to the documents referred to in the previous letter c); e) Approve the spaces necessary for the execution of the works subject to the concession, including those intended for camps and yards; f) Supervise routine and periodic maintenance by the concessionaire company of the KaTembe bridge and the roads connecting the city of Maputo to Ponta do Ouro and Boane to Belavista; g) Control, supervise, and decide all other relevant aspects related to the awarding of concessions, the execution of the respective contract or contracts, and with the management and operation of the toll establishment or tolls; h) Ensure that the Concessionaire maintains an adequate security system for users, including the assistance and evacuation service in case of accident records.
2. It falls, in particular, within the scope of letter a) of paragraph 1 of Article 3 of these Regulations:
a) Ensure the implementation of road and informational signage, in conformity with the laws in force in the country; b) Whenever road safety justifies it, order the temporary or prolonged closure of roads or carriageways, ensuring for this purpose that the roads in the closed situation have adequate signage and that there is public information of the fact; c) Temporarily or definitively limit access to roads in its area of jurisdiction, to vehicles according to their type, size, or weight; d) Order the embargo and demolition of works and constructions made without authorization from Maputo Sul, E.P., along the roads and zones confided to its management.
Article 6
(Management Bodies)
1. Maputo Sul, E.P., is managed by a Board of Directors composed of five members, who exercise their mandate and competences according to what is established in the law.
2. The Board of Directors may, in the cases provided for in the Statutes, deliberate in the sense that certain administrators answer for specific portfolios, in order to allow a convenient decentralization of competences.
3. The portfolios may correspond to one or more Directorates of the company, with the Board of Directors indicating them by deliberation to be published in an Order of Service.
4. The Board of Directors, in the exercise of its functions, is supported by the Directorates, Internal Audit, Secretariat, and by other bodies of the company determined by itself.
CHAPTER II
Organizational, functional structure, and competences
Article 7
(Areas of Activities)
Maputo Sul, E.P. adopts the following areas of activities structured in the form of Directorates:
a) Engineering; b) Planning and Real Estate; c) Economics; d) Administration and Finance; e) Commercial.
Article 8
(Management Structure)
1. The Directorates of areas organize themselves into Departments, Services, or Sectors, in conformity with the current needs of management and the development of the company.
2. The Heads of Departments, Services, and Sectors are appointed by deliberation of the Board of Directors, upon proposal of the administrator of the Portfolio, hearing the director of the area of activity of the company.
3. It falls to the Administrator or the Director to ensure the functional coordination of all activities of their Portfolio or Directorate, and in this capacity as coordinator or leader, they answer or render accounts to the Board of Directors, under the terms determined by them.
Article 9
(Directorate of Engineering)
The functions of the Directorate of Engineering are:
a) Ensure the observance of all engineering standards of national, regional, and international nature that guarantee the quality and durability of all undertakings to be built under concession or with the participation of Maputo Sul, E.P; b) Design and supervise the construction of roads and bridges and other infrastructures in the area of jurisdiction of the company and propose the establishment of criteria for their operation, exploitation, and conservation; c) By its own initiative or whenever requested by any other area of activity of the company, prepare the technical specifications and elaborate documents for concession tenders, public works, civil construction, or service contracting, such as those for project design and supervision of contracts; d) Manage contract agreements, road and bridge concessions, consultancy service provision, projects, and supervision, observing and enforcing the procedures and legislation in force, ensuring their correct execution; e) Elaborate technical studies related to the activities of promotion, construction, operation, and maintenance of the KaMpfumo to KaTembe bridge and the roads from Maputo to Ponta do Ouro and from Boane to Belavista; f) In close collaboration with the Directorate of Economics, participate in the planning, budgeting, management, and economic processes of the activities described in the previous letter e), aiming to improve their profitability and efficiency; g) In collaboration with the Directorate of Planning and Real Estate, participate in the elaboration of proposals for territorial planning instruments, incident in the area covered by the powers of the company, including the redevelopment of roads and/or lands to be declared reserve for new projects; h) Create and maintain updated a database with information that is understood as vital or necessary for the development of the activities of Maputo Sul, E.P; i) Pronounce on the preliminary report of analytical or cost accounting; j) Propose and carry out feasibility studies for corridors and projects for subsequent integration into the development plans or activities of the company; k) In coordination with the planning and real estate direction, ensure, for all projects of Maputo Sul, E.P., and of the Concessionaires operating in its area of jurisdiction, the observance of the legally established environmental requirements.
Article 10
(Directorate of Planning and Real Estate)
In the pursuit of the company's objectives, the functions of the Directorate of Planning and Real Estate are:
a) Take steps with competent entities so that the elaboration and approval of territorial plans are in the perspective of enabling the undertakings referred to in letter a) of paragraph 1 of Article 3 of these Regulations; b) Carry out planimetric topographic surveys; c) Elaborate the cadastral situation inquiry for the purposes of creating the cadastre; d) Propose the concession of spaces or assets of the public domain under the jurisdiction of the company, as well as the rates to be charged to interested parties in the concession; e) In close collaboration with local administrative structures and in areas to be indicated by them, ensure the resettlement of families to be moved due to imperatives of the construction of the roads and the KaTembe bridge, as well as the implementation of special plans of local administrative authorities; f) In coordination with the Directorate of Engineering, propose the approval of real estate projects and ensure the supervision of the undertakings; g) Ensure, for all projects of Maputo Sul, E.P. and of the Concessionaires operating in its area of jurisdiction, the observance of the legally established environmental requirements.
Article 11
(Directorate of Economics)
The Directorate of Economics has the following functions:
a) Participate in the elaboration and development of the company's economic, financial, and social policies; b) Evaluate the technical-economic viability and sustainability of the company's programs and projects or its participations; c) Study and recommend to the Board of Directors options for capital profitability or application of resources in businesses that may offer added value to the company's capital; d) Coordinate the preparation and control of the execution of the Program Contract with the government, ensuring its evaluation by annual, interim, and final reports; e) Be responsible for the preparation, internal approval projects, and control of execution of the Annual and Multiannual Activity Plans and the Company's Budgets, paying special attention to the deadline contained in letter c), of Article 7, of the Statutes approved by Decree No. 31/2010, of August 23; f) Carry out and coordinate the realization of relevant economic, financial, and social studies for the harmonious development of the company's activities and those of the concessionaires; g) Technically support the Commercial Directorate in its market studies.
Article 12
(Directorate of Administration and Finance)
The Directorate of Administration and Finance is responsible for the functions of financial management, patrimony, and human resources, namely:
a) Execute the Company's Budgets, taking into account the Program Contract and the approved annual and multiannual Plans; b) Prepare and present to the Board of Directors by March 15 of each year, the budget execution report of the previous year, accompanied by the opinion of the Fiscal Council and duly audited, in order to be approved and sent, by March 31, to the jurisdictional control of the Administrative Court; c) In close collaboration with the Directorate of Economics and harmonization with the other areas of activity of the company, participate in the elaboration of annual and multiannual activity plans and budgets and follow the processes of their approval; d) Design and have approved the Chart of Accounts of Maputo Sul, E.P. and ensure the correct bookkeeping of its accounting operations, according to the General Accounting Plan in force in the country; e) Carry out periodic financial analysis, present monthly balance sheets and weekly bank reconciliations preferably on the afternoon of the last business day of the week; f) Ensure that account rendering is carried out within deadlines and that expenses are incurred according to the principles of quality and economy; g) Manage the company's acquisitions, the records of patrimonial assets, their maintenance and conservation, the annual inventory, and, whenever necessary, propose write-offs and replacements; h) Manage the employment contracts of the company's personnel, namely regarding their duration, effectiveness, remuneration, and compliance with the other rights and duties of workers and the company; i) Propose the approval of policies and strategies for human resources management and professional training and create the means and conditions necessary for their application; j) Disseminate and enforce the norms governing labor relations in the company.
Article 13
(Commercial Directorate)
The Commercial Directorate performs the functions of purchasing, selling products or rights of the company, and marketing, falling to it:
a) Propose and have approved the commercial and client development policy of Maputo Sul, E.P; b) Ensure the timely approval of periodic and annual acquisition plans; c) Guarantee the greatest possible transparency in the processes of contracting concessions, contracts, goods, and services, generally privileging contracting by public tenders; d) In collaboration with the Directorates of Engineering, Planning and Real Estate, participate or take the initiative of proposals for fixing or revising prices and rates; e) Propose and have approved a policy of incentives for clients or concessionaires of the company; f) Create and manage a database of the company's concessionaires, suppliers, and clients; g) Present with some regularity market studies, privileging the analysis on investment proposals.
Article 14
(Statutory Councils)
1. The following Councils operate in Maputo Sul, E.P.:
a) Board of Directors; b) Council of Directors.
2. The meetings of the Board of Directors and the Council of Directors are convened and directed by the President of the Board of Directors or by whom he has designated to substitute him in his absences or impediments.
3. The sessions intended to appreciate and/or approve proposals of the Activity Plan and Budget, Program Contract, and the Annual Report are always directed by the President of the Board of Directors.
4. The meetings of the Councils are secretaried by the Executive Secretary.
Article 15
(Sessions of the Board of Directors)
1. The summonses for the sessions of the Board of Directors, which in principle are made in written form, will indicate the matters or agenda points in conformity with the company's Statutes and are delivered with a lead time of never less than forty-eight hours, except in cases of extreme urgency.
2. The deliberations of the Board of Directors are taken by simple majority, except those relating to matters on which the competences of letters a), b), c), d), e), f), and g), of Article 7 of the Statutes, approved by Decree No. 31/2010, of August 23, apply, which require a two-thirds majority.
3. Whenever summoned, the directors participate in the sessions of the Board of Directors, without the right to vote.
Article 16
(Sessions of the Council of Directors)
1. The Council of Directors meets ordinarily once a week and, extraordinarily, as many times as necessary, and is convened, without dependence on the deadline and agenda.
2. The meetings of the Council of Directors analyze technical, operational, and functioning matters of the company, and may assume a preparatory nature for matters to be submitted to the deliberation of the Board of Directors.
CHAPTER III
Special rights and duties
Article 17
(Transport)
1. The quality of President of the Board of Directors, Executive Administrator, Executive Director, Director, and Deputy Director confers upon its holder the right to a vehicle for personal allocation for use in service and outside of it, with the company paying the expenses for insurance against all risks, regular maintenance, and co-participation in fuel expenses, at levels and conditions to be decided by the Board of Directors.
2. Whenever due to budgetary reasons it is not possible to materialize the right to a vehicle, the company will strive to provide round-trip transport to and from service and in service to the holders referred to in the previous number 1, or fix, by deliberation of the Board of Directors, a reasonable monthly transport subsidy.
Article 18
(Medical Assistance)
1. The workers and management cadres of Maputo Sul, E.P., have the right to medical and pharmaceutical assistance for themselves and their families under conditions to be approved by deliberation of the Board of Directors.
2. To workers and management cadres suffering from HIV/AIDS and other opportunistic diseases associated with this pandemic, the company, whenever the need is declared by the person themselves and confirmed by a sanitary authority, guarantees extraordinary assistance and support beyond that referred to in the previous number 1, which may include a basic food basket and transport in displacements to and from the hospital or health unit.
3. For the purposes of these regulations, the worker's family is limited to their spouse and children, adopted and/or stepchildren under eighteen years of age, or up to twenty-two and twenty-five years of age, in cases where they are respectively students in secondary and higher education with good performance.
Article 19
(Allowances)
1. The workers and management cadres assigned to Maputo Sul, E.P. when they travel on a service mission outside their usual place of work have the right to transport covered by the company.
2. If the displacement referred to in the previous number is for a time greater than 6 hours, the allowance will be in the form of subsistence allowances for food or food and accommodation, under terms to be determined by the Board of Directors.
Article 20
(Overtime)
1. Whenever due to imperative service needs the worker has to work overtime, these will be remunerated according to labor law.
2. The authorization for the realization, settlement, and payment of overtime is conditioned by the availability of funds in the budget line for the purpose proposed by the area manager and approved in the Activity Plan and Budget of the year.
Article 21
(Holiday Allowance)
1. A holiday allowance will be paid, under terms to be defined by the Board of Directors, to every permanent and indefinite-term worker who has completed at least twelve months of work, provided they have a positive annual performance evaluation and are on authorized leave.
2. When the leave is divided into two or more periods for the worker's convenience, the holiday allowance will only be paid at the beginning of the last period.
Article 22
(Exceptional Remuneration)
The workers detailed, appointed, or contracted to exercise functions in the administration, consultation, or supervision bodies of companies where Maputo Sul, E.P. has capital participation will, in principle, have the right to a remuneration to be fixed and paid by the companies in which they will exercise said functions, in conformity with what is or has been deliberated or decided by their respective administration bodies.
Article 23
(Prizes)
A part of the dividends of the participation of Maputo Sul E.P. in the capital of other societies may be distributed among its Administrators in these societies as a prize for good performance, whenever it is authorized by the Minister of Finance at the moment of approval of the proposal for the application of results, at the end of each economic exercise.
Article 24
(Exclusivity)
The permanent and full-time Worker obliges themselves to exercise their activity on an exclusive basis, except in cases where they have previously requested and been authorized by the Board of Directors to exercise other functions outside the company's framework.
Article 25
(Information and Confidentiality)
1. All personnel and cadres of Maputo Sul, E.P., have the special duty to know all regulations and orders of service of the company, so as to be duly informed about their professional rights and duties.
2. Without prejudice to their freedom of expression, the worker of Maputo Sul, E.P., cannot convey in any form service information or other relevant to the interests and business of the company, except with superior authorization.
3. The members of the Board of Directors, the Fiscal Council, and the other detailed, appointed, or contracted workers assume the special duty to fulfill with loyalty, dedication, impartiality, diligence, and professional competence their functions contained in the statutes and regulations, in order to concretize the objectives of the company.
CHAPTER IV
Personnel Frameworks, Labor Link, Career
Article 26
(Personnel Framework)
The personnel framework of the Maputo Sul, E.P. company is structured in five groups of designations, namely:
a) Management, Leadership, and Trust Framework; b) General regime career frameworks; c) Specific career frameworks; d) Special regime career frameworks not differentiated.
Article 27
(Management Frameworks)
The management, leadership, and trust frameworks that comprise the members of the Board of Directors, the executive director, the directors and their deputies, the department heads...