The National Statistical System

• BASIC LAW OF THE NATIONAL STATISTICAL SYSTEM
• REGULATION OF THE BASIC LAW OF THE NATIONAL STATISTICAL SYSTEM
• ORGANIC STATUTE OF THE NATIONAL STATISTICAL INSTITUTE
• PRESIDENTIAL DECREE
• RULES OF PROCEDURE OF THE NATIONAL STATISTICAL INSTITUTE
• PROVINCIAL DELEGATIONS
• DRAFT OPERATING REGULATIONS FOR THE PROVINCIAL DELEGATIONS OF THE INE
• BASIC LAW OF THE GENERAL POPULATION AND HOUSING CENSUS
• DRAFT REGULATION OF THE BASIC LAW OF THE GENERAL CENSUS OF POPULATION AND HOUSING
• REGULATION ON THE IMPLEMENTATION OF THE PRINCIPLE OF STATISTICAL CONFIDENTIALITY

BASIC LAW OF THE NATIONAL STATISTICAL SYSTEM

Created by Law no. 7/96, of 5 July, the National Statistical System is defined as

Law No. 7/96 of July 5
BASIC LAW OF THE NATIONAL STATISTICAL SYSTEM

economic and social transformations resources, to the technical-methodological harmonization and to the broadening of the offer of statistical information with maximum quality and minimum costs, under the terms of paragraph 1 of article 135 of the Constitution, the Assembly of the Republic determines:

CHAPTER I
GENERAL PROVISIONS
SECTION I

Article 1
(Creation)

The National Statistical System is hereby established.

Article 2
(Definitions)

For the purposes of this law
(a) National Statistical System, hereinafter referred to as SEN, the organic whole integrated by the institutions and entities entrusted with the exercise of official statistical activity;
b) Official statistical activity means the set of methods, techniques and procedures for the design, collection, processing, analysis and dissemination of official statistical information of national interest, with emphasis on the conduct of censuses, current and ad-hoc surveys, the preparation of national accounts and economic, social and demographic indicators, as well as the conduct of studies, analyses and applied research
c) Statistical unit: all natural and legal persons of public or private law that are or carry out activities in the country.

Article 3
(Scope of the Law)

This law applies to all citizens and other individuals and legal entities governed by public or private law who are located or who exercise activities in the national territory.

Article 4
(Objectives)

The objectives of the SEN are
(a) to ensure the collection, processing, analysis and dissemination of the statistical information needed by the country to guide its socio-economic development at its different levels;
b) to optimise the use of human, technical, financial and material resources in the production of official statistics and in the development of national statistical activity, avoiding duplication of effort and the consequent waste of resources
c) to foster the interest of the population, public and private institutions and enterprises in national statistical activity, in order to promote their participation and collaboration in the collection of relevant, reliable and timely statistical data
d) to promote the analysis and use of official statistical information among public and private institutions and the community in general, for a better objective knowledge of the national reality, as a fundamental instrument for decision making at all levels
e) to ensure the operation of a national system of economic, social and demographic information on an official statistical basis, capable of meeting the needs of different users
f) to stimulate and promote, on a permanent basis, the training and professional improvement of the staff assigned to official statistical activities.

SECTION II
Principles

Article 5
(Enumeration)

Official statistical activity is based on the following principles:
(a) statistical authority;
b) statistical confidentiality
c) technical autonomy
(d) impartiality
(e) transparency
(f) reliability
(g) relevance
(h) statistical coordination.

Article 6
(Statistical Authority)

1. The principle of statistical authority shall consist of the power conferred on the National Statistical Institute to carry out surveys in the exercise of statistical activities, with the obligation to reply within the established deadlines, and to take all necessary steps for the production of statistics.
2. INE may request statistical information from all statistical units.

Article 7
(Statistical Confidentiality)

The principle of statistical confidentiality consists in INE's obligation to protect individual statistical data, on natural or legal persons, collected for the production of statistics, against any non-statistical use and unauthorised disclosure, with a view to safeguarding the privacy of citizens, preserving competition between economic agents and ensuring the confidence of respondents.

Article 8
(Technical Autonomy)

The principle of technical autonomy consists in the power attributed to INE to freely define, in the course of its statistical activity, the means that are technically most appropriate to the pursuit of its activity, acting within the scope of its technical competence with full independence.

Article 9
(Impartiality)

The principle of impartiality consists in INE's duty, in carrying out its statistical activity, to produce statistics objectively and scientifically and on unequivocal bases.

Article 10
(Transparency)

The principle of transparency consists in the right granted to suppliers of individual statistical data, required for the production of official statistics, to obtain information regarding the legal basis, the purposes for which these data are requested, and the measures to protect their confidentiality and their exclusive use for statistical purposes.

Article 11
(Reliability)

The principle of reliability consists in INE's duty, within the scope of the NSS, to produce the respective statistics, so that they may reflect, as accurately as possible, the reality and phenomena that they are intended to quantify. INE must also inform users of statistics on the sources and methods used in their production.

Article 12
(Relevance)

The principle of relevance consists in INE's duty to produce statistics related to specific needs and to collect individual statistical data, limiting itself to what is strictly necessary to obtain the desired statistics.

Article 13
(Statistical Co-ordination)

The principle of statistical coordination consists in the power vested in the NSS to develop and approve uniform technical standards, nomenclatures, concepts and definitions that must be applied by all official statistics producing bodies, in order to ensure the harmonization, integration and comparability of the statistics produced.

SECTION III

Statistical Confidentiality

 

Article 14
(Statistical confidentiality)

1. All individual statistical information collected by official statistical producing bodies, within the scope of the NSS, shall be strictly confidential, and therefore
(a) it may not be discriminately inserted in any publications or provided to any persons or entities, nor may any certificate be made of it;
b) no department or authority may order or authorize their examination
c) they shall constitute professional secrecy for all employees or agents of the NSS who become aware of them by virtue of their statistical duties.
2. Individualized information about individuals shall never be disclosed.
3. Individualized information on public or private companies may never be disclosed, unless with the written authorization of the respective representatives, or after authorization by the Statistical Council, on a case-by-case basis, provided the needs of economic planning and coordination, external economic relations or scientific research are at stake.
4. The provisions of paragraph 1 of this article shall not apply to information on public administration and the identification, location and activity of companies and establishments, as well as other information of general public interest and use.

 

---

 

CHAPTER II
SEN BODIES, NATURE AND COMPETENCIES
SECTION I
Organs of the SEN

Article 15
(Organs)

The organs of the SEN are
1. The Statistical Council, abbreviated to "CSE";
2. The National Statistical Institute, hereinafter referred to as INE;
3. The Bank of Mozambique, abbreviated to BM;
4. The Coordinating Council for the General Population Census, hereinafter referred to as CCRGP.

SECTION II
High Council of Statistics

Article 16
(Nature)

The Statistical Council is the State body which superintends and coordinates the NSS.

Article 17
(Composition)

1. The Statistical Council shall be presided over by the Prime Minister or by the member of the Government to whom the Prime Minister delegates the respective functions, and shall be composed of the following members
(a) the president of INE
b) one representative of the WB;
c) one representative of each Central Body of the State apparatus;
d) two representatives from national universities to be appointed by the National Council for Higher Education;
e) up to a maximum of three representatives of business associations, one of which from the area of industry, one from agriculture and another from commerce.
2. The president of the CSE may invite other entities, whenever necessary.
 

Article 18
(Competence)

It is incumbent upon the CSE, within the scope of the NSS
a) define the general guidelines of national statistical activity and establish the respective priorities;
b) examine the activities plan of INE and the corresponding annual report
c) promote and ensure coordination of the NSS by approving, on a proposal from INE, concepts, definitions, nomenclatures and other technical instruments of statistical coordination of compulsory use in the development of official statistical activities
d) encourage the use of administrative acts for statistical purposes, formulating recommendations with a view to the use, in administrative documents, of statistical concepts, definitions and nomenclatures, as well as access to the respective data
e) always express its opinion on drafts or proposals for legislation which create statistical services or contain any rules affecting the structure or operation of the NSS
f) ensure compliance with statistical confidentiality and decide on proposals to waive statistical confidentiality, under the terms of paragraph 3 of article 14 of this law
g) to express an opinion, at the Government's request, on the rules and general principles that must govern the production of official statistical data
h) to give an opinion on bilateral and multilateral cooperation projects in the area of statistics, developed in the country
i) to express an opinion on proposals for delegation of powers of INE to other services, as well as on proposals for their termination
j) approve its internal regulations.

SECTION III
National Statistical Institute

Article 19
(Nature, Aim and Competence)

1. The National Statistical Institute is the central executive body of the NSS, whose purpose is the notification, collection, coordination and dissemination of official statistical information in the country and shall be subordinate to the Council of Ministers.
2. INE shall be responsible for the performance of the country's official statistical activities. Its other competences, as well as its functioning, shall be established in its Statutes and regulations.

SECTION IV
Bank of Mozambique

Article 20
(Competencies)

It shall be incumbent upon the Bank of Mozambique, pursuant to Law 1/92 of 3 January, to centralize and compile the monetary and foreign exchange statistics that it deems necessary for the pursuit of an efficient policy in such areas.

SECTION V
Coordinating Council for the General Population Census

Article 21
(Nature and Competence)

1. The Coordinating Council of the General Population Census is the SEN body responsible for managing the Census and the Census process.
2. The composition and operation of the CCRGP shall be regulated by its own law.

CHAPTER III
EXTRAORDINARY DATA COLLECTION AND STATISTICAL TRANSGRESSIONS

SECTION I
Extraordinary Data Collection

Article 22
(Extraordinary Collection)

INE may carry out extraordinary collection of statistical information, in the cases foreseen in paragraph 1 of Article 25 of this Law.

Article 23
(Statute of Officials of INE)

The staff members in charge of the extraordinary data collection are considered to be agents of the authority while in the exercise of their functions, and may request all necessary collaboration from the other authorities.

Article 24
(Information and Display of Books and Documents)

1 - The provision of information requested by the officials authorized for the extraordinary collection of data, as well as the display of the relevant books and documents requested by them, shall be mandatory.
2. Refusal to provide statistical information or to exhibit the books and documents, as well as their falsity, shall be punishable by the penalties applicable to crimes of disobedience and false statements provided for in the Criminal Code.

SECTION II
Statistical Transgressions

Article 25
(Enumeration)

1. Under the terms of this law, the following shall constitute statistical offences
(a) the failure to provide statistical information within the prescribed period;
b) the provision of inaccurate, insufficient or misleading information
c) supplying information in a manner different from that defined;
d) refusal to comply with the requests made by officials or agents of the NSS bodies, with a view to the direct collection of statistical information by means of interview.

SECTION III
Penalties
Article 26
(Nature of Penalties)

The statistical offences referred to in the previous article are liable to fines, the amount of which shall be graduated according to the seriousness and circumstances in which they occur.

Article 27
(Fines)

1. The following transgressions will be punished with fines of 200,000.00 to 5,000,000.00 MT
(a) incomplete completion of statistical questionnaires;
b) non-compliance with standards or express instructions for statistical notation in the questionnaires;
c) non-compliance with the deadlines set for the return of duly completed statistical questionnaires;
2. The following transgressions will be punished with a fine of 5,000,000.00 to 10,000,000.00 MT
a) deliberately providing inaccurate statistical data;
b) failure to supply requested statistical data
c) blatant withholding of information.
3. The refusal by the recipient to receive documents sent by official statistics producing bodies, within the scope of the NSS, by registered mail with acknowledgement of receipt, or by protocol, shall be considered to be manifest withholding of information.
4. The payment of fines shall not exempt offenders from providing the missing information.
5. For infractions committed by legal persons, their directors, managing bodies or management bodies in office at the time of the infraction shall be personally and jointly liable.

Article 28
(Violation of Statistical Confidentiality)

Employees and agents of the SEN bodies who violate the principle of statistical confidentiality shall be liable to disciplinary action, without prejudice to civil or criminal liability.

Article 29
(Aggravating Circumstances for Fines)

1. The following are aggravating circumstances for determining the amount of the fine, without prejudice to what is established in the general law
a) the importance of the activity carried out by the offender;
b) the importance of the statistical data not provided in relation to the set of data to be provided;
c) the offender having been warned that he was in default;
d) failure to respond to letters sent by official statistics producing bodies, within the scope of the NSS;
e) the offence has contributed to preventing or delaying any dissemination or publication of official statistics.
2. In the event of a repeat offence, the amount of the fine shall be double that normally applicable for the offence.
3. A recidivist will be established whenever the defendant commits another statistical transgression within a period of two years from the date of the final conviction.
4. Statistical transgression proceedings are exempt from costs.

Article 30
(Competence to impose fines)

1. It is incumbent on the President of INE, or on persons delegated by him/her, to apply the fines due for statistical offences committed.
2. The decisions of the President of INE may be appealed to the President of the CSE, who shall decide, without prejudice to the powers of the Administrative Court.

Article 31
(Updating of Fines)

The amount of the fines established in Article 27 of this law may be updated by the Council of Ministers.

Article 32
(Use of Fines)

The amounts collected from the imposition of fines in cases of statistical offences, as well as from extraordinary data collection, shall be the revenue of the INE or BM, depending on the nature of the offence.

CHAPTER IV
FINAL PROVISIONS

 

Article 33
(Exception to Application of Penalties)

The penalties provided for in this law shall not apply to the General Population Census.

Article 34
(Regulation)

The Council of Ministers shall regulate the application of this law within one hundred and eighty days from the date of its approval.

Article 35
(Revocation Rule)

All legal provisions that are contrary to the present law are hereby revoked.

Article 36
(Effectiveness)

The present law shall come into force sixty days after the date of its publication.
Approved by the Assembly of the Republic on the 4th of May 1996.
The President of the Assembly of the Republic, Eduardo Joaquim Mulémbwè.
Promulgated on July 5, 1996.
To be published.
The President of the Republic, JOAQUIM ALBERTO CHISSANO.

DECREE No. 34/98 of July 1
REGULATION OF THE BASIC LAW OF THE NATIONAL STATISTICAL SYSTEM

 

DECREE No. 34/98 of 1 July 1998
REGULATION OF THE LAW No. 7/96, OF JULY 5
The Basic Law of the NATIONAL STATISTICAL SYSTEM

The Council of Ministers decrees that it is necessary to regulate Law No. 7/96 of 5 July 1996, which established the National Statistical System, under the terms of its Article 34:
Article 1: The Regulation of Law No. 7/96, of 5 July, which is attached hereto and is an integral part of this decree is approved.
Article 2: A transition period of six months is established, from the entry into force of this decree, for the application of the provisions of Articles 7, 10 and 11 of the Regulation referred to in the preceding paragraph.
Article 3: All legal provisions that contradict the provisions of this decree are hereby repealed.
Article 4: The present decree enters into force sixty days after the date of its publication.
Approved by the Council of Ministers.
To be published.
THE PRIME MINISTER, PASCOAL MANUEL MOCUMBI.
 

REGULATION OF LAW No. 7/96, of JULY 5th
BASIC LAW OF THE NATIONAL STATISTICAL SYSTEM

 

CHAPTER I
THE FUNCTIONING OF THE BODIES
OF THE NATIONAL STATISTICAL SYSTEM

SECTION I

Supervision of the National Statistical System

Article 1
Supervision

The supervision of the National Statistical System, hereinafter referred to as NSS, shall be exercised by the Council of Ministers.

SECTION II
The Statistical Council

Article 2
Appointment of the members

1. The members of the Statistical Council shall be appointed by order of the Prime Minister or the Government member to whom the respective functions have been delegated, upon proposal by the respective ministers and entities. The appointment order shall also appoint the alternate members to cover absences and impediments of the full members.
2. The term of office of the members of the Statistical Council shall be three years, renewable for equal periods.

Article 3
Functioning

1. The CSE may meet in plenary sessions or in specialized committees, depending on the matters to be dealt with, under terms to be established in its internal regulations.
2. The CSE shall meet in plenary session, ordinarily once every semester, and extraordinarily whenever necessary.
3. The CSE shall meet when convened by its President on the proposal of the President of the National Statistical Institute.
4. The deliberations of the CSE shall take the form of
a) Resolutions, as to its competences foreseen in paragraphs a), b), c), f) and j) of article 18 of Law no. 7/96, of 5 July;
b) Recommendations, with regards to its competences foreseen in paragraphs d), e), g), h) and i) of article 18 of Law no. 7/96 of the 5th of July.
5. The deliberations of the CSE taken in the exercise of its powers provided for in the form of resolutions in subparagraphs a) and c), and in the form of recommendations in subparagraph d), referred to in the preceding paragraph, shall be published in the Boletim da República.
6. On a proposal from the President of the Statistical Institute, the Statistical Council shall appoint an employee of the Institute to act as Secretary of the Council.
7. The National Statistical Institute, hereinafter referred to as INE, shall provide the necessary administrative support for the functioning of the Statistical Council and its specialised committees.

Article 4
(Expenses)

1. The expenses incurred with the functioning of the ESRB and of its Committees shall be borne by the budget of INE.
2. The members of the ESEC shall be charged an attendance fee for each plenary meeting and meeting of its specialized committees, the amount of which shall be set by a joint order of the supervising Minister and the Minister of Planning and Finance.

SECTION III
The National Statistical Institute

Article 5
Nature

1. INE, in its capacity as the central executive body of the NSS, is a public institution, endowed with legal personality and technical, administrative and financial autonomy.
2. In the exercise of its functions, INE enjoys technical autonomy under the terms of the principle of the NSS defined in Article 8 of Law No. 7/96, of 5 July, and may make available, publish and disseminate the statistics produced, safeguarding the principle of statistical confidentiality under the terms envisaged in Articles 7 and 14 of that Law.

Article 6
Competences and tasks

1. INE shall be responsible for the rating, calculation, coordination and dissemination of the official statistical information of the country.
2. INE shall be responsible for the following tasks
(a) Reporting, collection, coordination and dissemination of the statistical data entrusted to it by the Government under the terms of its annual plan of activities approved by the relevant Minister, taking into account the general guidelines of national statistical activity and respective priorities defined by the Statistical Council under the terms of paragraph a) of Article 18 of Law no. 7/96, of 5 July, and the opinion of the Statistical Council on that plan under the terms of paragraph b) of the said Article 18;
b) Without prejudice to the implementation of the tasks referred to in the previous sub-paragraph, carry out statistical operations that enable the specific needs of public and private statistical users to be met, in economically viable terms, the satisfaction of which is specially requested by them and financially covered.
3. Under the terms of articles 15(4) and 21, both of Law no. 7/96, of 5 July, and paragraph 2 of article 4 of Presidential Decree no. 9/96, of 28 August, the executive structure of the Coordinating Council of the General Population Census shall be ensured by INE.
 

Article 7
Delegation of powers

1. In order to carry out its tasks referred to in paragraph a) of Article 6.2, INE may delegate official tasks relating to the collection, calculation and dissemination of statistical data to other public services, which shall be designated as Delegated Bodies of INE.
2. In cases where the delegation of powers includes the dissemination of statistics, the respective Delegated Bodies of INE must submit the statistics produced to INE for technical approval prior to their dissemination.
3. Delegation of powers shall be authorised by joint order of the Ministers responsible for the respective areas to which the delegated statistics refer and of the relevant Minister, under proposal of the President of INE and with the favourable opinion of the Statistical Council, under the terms foreseen in paragraph i) of Article 18 of Law no. 7/96, of 5 July.
4. The following shall not be Delegated Bodies of INE
a) Public services which, due to the nature of their functions and attributions, may use the individual statistical data collected for purposes other than the production of official statistics within the scope of the SEN;
b) Private entities, except, in special cases, companies which are concessionaires of a public service.
5. The mechanism envisaged in paragraph 3 shall apply, with the necessary adaptations, to the termination of the delegation of powers of INE to other public services.
6. In the exercise of their official statistical powers, the delegated bodies of INE shall be subject to the principles underlying official statistical activity within the National Statistical System: statistical authority, statistical confidentiality, technical autonomy, impartiality, transparency, reliability, pertinence and statistical coordination, which are defined in Articles 6, 7, 8, 9, 10, 11, 12 and 13 of Law No. 7/96, of 5 July, respectively.
7. The provisions of articles 10 and 11 shall apply to the delegated bodies of INE, but with regard to the final part of paragraph c) of no. 5 of article 11, with the indication that it is a survey carried out by a delegated body of INE with compulsory response.
8. The delegated entities of INE must submit annually to INE the respective plans for delegated statistical activities and the corresponding implementation reports, to be submitted to the Statistical Council, together with the plan and report of INE, for its opinion, under the terms of paragraph b) of article 18 of Law no. 7/96, of 5 July.

SECTION IV
The Bank of Mozambique

Article 8
Functioning

1. In the exercise of its official statistical powers as a SEN body under the terms of Articles 15(3) and 20, both of Law No. 7/96 of 5 July, the basic principles of the SEN referred to in paragraph 6 of the preceding article shall apply to the Bank of Mozambique, abbreviated to BM.
2. Under the terms of the foregoing paragraph, the production of official monetary and foreign exchange statistics by the WB shall be subject to the principle of technical coordination by the INE, given the imperative need to integrate them into the calculation of the National Accounts for which the latter is responsible.
3. The provisions set forth in paragraph 8 of Article 7 of Decree-Law No. 3/2007 of the Banco de Portugal shall apply to the WB.

 

---

 

CHAPTER II
OFFICIAL STATISTICAL ACTIVITY

SECTION V
Official Statistics

Article 9
Concept

Official statistics are deemed to be those produced by INE, or by its Delegated Bodies, and by the WB, in the exercise of their powers as statistical producing bodies within the scope of the National Statistical System.
 

SECTION VI
Conduct of Statistical Surveys
by Other Entities

Article 10
Prior authorisation

1. No State or local authority department, or other public entity or entity with public interest functions may carry out any statistical surveys without prior authorisation from INE, in its capacity as the central executive body of the NSS.
2. The WB is an exception to the provisions of the foregoing paragraph.

Article 11
Request for the Conduct of Surveys

1. Any government or local authority department, or other public entity or entity with duties of public interest wishing to carry out a statistical survey shall address a written request to INE, which must be accompanied by the following information
(a) The justification of the need to conduct the survey and the intended objectives;
b) A copy of the questionnaires to be used in the collection of the basic statistical information, accompanied by the respective instructions for completion, particularly with regard to the definitions or concepts of the variables to be surveyed, adopted in the case of collection by post, or the manual of instructions for collection agents where this is done directly by interview;
c) The survey implementation program containing
(i) the type of survey indicating whether it is an exhaustive or sample survey, in the latter case describing the methodology adopted for the definition of the sample, for the inference of the results sought and for the calculation of technical sampling errors;
ii) Which register of the statistical units to be surveyed is used, indicating the entity responsible for it;
iii) The material process of collection of individual data, whether by post or by direct collection through interview, in the latter case indicating whether the collection is assisted by portable microcomputer or not, as well as the type of collection agents to be used and the training received
iv) The method used for the treatment of non-responses;
(v) the specifications for quality control of the data collected, whether manually or by computer
vi) The tables for the calculation of the desired results, indicating the specifications for their calculation based on the variables surveyed, and the form and periodicity of their dissemination;
vii) The statistical nomenclatures, classifications and codes to be used, particularly with regard to the statistical units to be surveyed, the geographical basis, the sectoral basis of activity, products, goods, services, occupations, and diseases and causes of death
viii) the schedule for carrying out the different stages of the survey, namely the collection, processing of the individual data, processing of the results and their publication.
2. Whenever requests for carrying out surveys are not accompanied by the information referred to in the foregoing paragraph, INE will request any missing information, or the provision of any clarifications deemed necessary, with a view to their correct appraisal.
3. 3. The President of INE shall be responsible for issuing a decision, by order, within 30 days as regards the requests for carrying out surveys, which shall be interrupted when the situations foreseen in the foregoing paragraph occur, until receipt of the respective information or clarifications.
4. The decision referred to in the foregoing paragraph shall always be reasoned, and the President of INE shall
a) Refuse the request whenever the respective survey constitutes a duplication, in whole or in part, of another survey already carried out or to be carried out by any SEN producing body or other public entity;
b) Propose the alterations that are deemed convenient from a technical and scientific point of view, making their introduction a condition of authorization.5. The orders granting the authorization requested shall be communicated to the respective entities, mentioning:
(a) the survey registration number which shall be assigned by sequential numbering within each year;
b) The period of validity of the registration, which can never exceed two years, extendable at the request of the interested entity;
c) The respective questionnaires must include a statement that the survey was authorized by INE, indicating the respective registration number and period of validity, as well as the fact that the survey was conducted by an entity that does not belong to the NSS.
6. Entities that have been granted permission to carry out surveys are obliged to send INE, at the latest thirty days prior to commencing collection, two copies of the approved questionnaires, in their final printed version, where the information referred to in paragraph c) of the foregoing number must be included in the upper left-hand corner of the first page.
7. 7. Entities conducting statistical surveys in contravention of the provisions of Articles 10(1) and 13(1) hereof shall be guilty of serious misconduct punishable by fines pursuant to Articles 26, 27, 29, 30, and 31 of Law 7/96 of July 5 and Article 13 of this Decree, duly adapted.

 

---

 

CHAPTER III
EXTRAORDINARY DATA COLLECTION AND STATISTICAL TRANSGRESSIONS
SECTION VII
extraordinary data collection

Article 12
Definitions Concept and Scope

1. The extraordinary data collection provided for in Article 22 of Law no. 7/96, of 5 July, shall be understood as the direct compulsory collection of statistical data through interviews with the statistical units surveyed within the scope of the NSS, by duly accredited officials for the purpose, whenever
(a) They are not provided within the deadlines set;
b) They are supplied in an inaccurate, insufficient or misleading manner;
c) They are supplied in a different manner than the one defined;
d) In cases of direct collection of statistical data through interviews, if the officials or agents in charge of such collection oppose their efforts.
2 - INE and the WB shall be responsible for the extraordinary collection of data referred to in paragraph 1, within the respective areas of responsibility for the production of official statistics within the scope of the NSS.
3. Whenever the Delegated Bodies of INE need to resort to the mechanism of extraordinary data collection for the adequate performance of the delegated powers, they shall request the President of INE for authorisation to do so.

Article 13
Procedures

1. Once the practice of a statistical offence foreseen in items a) to d) of no. 1 of article 12 of this Decree is known, and if recourse is made to extraordinary data collection, the order ordering such collection shall be issued by the President of INE or the Governor of the WB, as the case may be, with delegated powers, which shall be notified to the person or entity responsible for providing the necessary data, indicating
(a) The reasons for the extraordinary collection;
b) The nature of the data to be collected;
c) The officials in charge of the diligence;
d) The nature of the charges to be borne by the offender under the terms of article 14, paragraphs 1 and 2
e) The day and time when collection will begin.
2. The notification referred to in the previous number shall be made by registered letter with acknowledgement of receipt or delivered by protocol.
3. If the acknowledgement of receipt is not returned or if the letter is returned without any indication or with a note that the addressee is unknown or unknown, or if the notification is not accepted by protocol, the President of INE or the Governor of the WB, as the case may be, shall request that the notification be handed over to the competent police authority.
4. Notification is considered to have been made to the person itself whenever the acknowledgement of receipt or the protocol of dispatch has been signed by a relative or employee of the person to be notified.
5. The employees in charge of the extraordinary collection will receive guides for the diligence and will present themselves at the service, office or residence where it is to take place, depending on the case, on the day and time designated for its beginning.
6. 6. If the diligence cannot begin on the designated day and time because the employees in charge of it cannot appear due to a case of force majeure, a new notification will be requested in order to proceed with the diligence on a new day and time.
7. The employees in charge of the extraordinary collection must justify to the superior any delay in its beginning as well as communicate any impediment or difficulty they encounter in its execution.
8. Where the persons supplying the statistical data to be collected on an extraordinary basis provide information which may be corroborated by documentary or testimonial proof, such information shall be recorded in the official report.
9. The officials in charge of the extraordinary data collection shall take all necessary steps to verify the accuracy of the declared facts, always hearing, on the day, time, and place they designate, the witnesses that the declarants present for the same purpose, in numbers of not less than two nor more than five for each fact.
10. 10. Once the work of extraordinary data collection has been concluded, the respective employees must present a detailed report to the superior, attaching the statistical data collected and indicating, with the respective justification, all the expenses incurred for the purposes of subsequent collection.
 

Article 14
Expenses incurred with extraordinary data collection

1. Under the terms of article 32 of Law no. 7/96, of 5 July, the persons or entities responsible for providing the statistical data required for the extraordinary collection shall be liable for the expenses incurred in the extraordinary collection unless the purpose of the extraordinary collection is to verify the accuracy of the data already provided and their inaccuracy has not been verified.
2. The amount to be charged for the extraordinary data collection, never being less than 200,000 Meticais, shall be ordered by order of the President of INE or the Governor of the WB, as the case may be, and shall comprise
(a) the transport and per diem expenses of the officials in charge of the collection;
b) Twice the salaries of the same employees in relation to the time spent in the collection;
c) Any other expenses caused by the diligence.
3. If the obligation to supply statistical data falls upon two or more persons, they shall be jointly liable for the payment of the amounts due.
4. In the case of public services or entities with public interest functions, the responsibility falls personally and jointly and severally on their directors.
5. Amounts due that are not paid voluntarily by the responsible parties will be coercively collected through the Tax Foreclosure Courts, constituting an executive title:
a) The certificate stating;
b) The order by the President of INE or the Governor of the WB, as the case may be, ordering that the amounts due be collected;
c) The indications required by the Tax Enforcement Code.

 

---

SECTION VIII
Statistical Transgressions

Article 15
Concept and Scope of Application

1. Under the terms of paragraph 1 of Article 25 of Law no. 7/96, of 5 July, the following shall constitute statistical offences
(a) Failure to provide statistical information within the deadlines;
b) Supplying inaccurate, insufficient or misleading information;
c) Supplying information in a manner different from that defined;
d) refusal to comply with requests made by SEN officials or agents for the direct collection of statistical information through interviews.
2. Under the terms of articles 26 and 27 of Law No. 7/96, of 5 July, the statistical offences envisaged in the previous number shall be liable to a fine of 200,000 to 10,000,000 Meticais, the amount of which shall be graduated according to its seriousness and the circumstances in which it occurred.
3. It shall be incumbent upon the National Statistical Institute (INE) and the World Bank (WB), in their respective areas of competence for the production of official statistics within the scope of the National Statistical System, to initiate proceedings for statistical offences.
4. Whenever the Delegated Bodies of INE need to resort to the mechanism of opening statistical infringement proceedings for the adequate performance of the delegated powers, they shall request the President of INE to open such proceedings.

Article 16
Procedures

1. Once the practice of a statistical transgression foreseen in paragraph 1 of Article 12 is known, the head of the service where the transgression has been detected shall notify the President of INE or the Governor of the World Bank, as the case may be, for decision to initiate proceedings against the offender.
2. Once the decision to initiate proceedings for statistical offences has been taken, the respective defendant shall be notified, indicating
a) The infraction committed;
b) The amount of the applicable fine
c) The period of fifteen days from the date of notification to present, if he/she wishes, a defense;
d) The information that payment of the fine does not exempt the offender from complying with the offending statistical obligation.
3. Once the offender's defence has been received, or after the time period for its presentation has elapsed, the process shall be submitted to the President of the INE or the Governor of the WB, as the case may be.
4. The decision will be notified to the offender, indicating
a) The fine applied;
b) That he/she may, if so desired, appeal to the President of the CSE within fifteen days from the date of notification, without prejudice to the powers of the Administrative Court;
c) The information that payment of the fine does not exempt the transgressor from complying with the statistically broken obligation.
5. The provisions of paragraphs 2 to 5 of article 13 of this article shall apply to the notification ordered in paragraphs 2 and 4 of this article.
6. The respective fine may be cancelled, maintained or increased in the judgment decision or in the appeal decision.
7. If no appeal is filed, or if the appeal decision upholds or increases the fine imposed, the amount of the fine will be collected.
8. The provisions of article 14, paragraphs 3 and 4, are applicable to liability for the payment of fines.
9. The provisions of article 14, paragraphs 3 to 5, of article 14, paragraph 1, are applicable to the collection provided for in the previous number.

Article 17
Fines

1. Fines will be graduated according to the seriousness of the infractions committed, paying special attention to the following circumstances
a) The offender is an employee or agent of the State or local authorities;
b) Importance of the activity carried out by the transgressor;
c) Importance of the statistical data not provided in relation to the set of data to be provided;
d) The offender must have been warned in writing that he/she was in default;
e) Failure to respond to the letters sent;
f) The infringement has contributed to preventing or delaying any dissemination or publication of official statistics.2. Under the terms of article 32 of Law no. 7/96, of 5 July, the amounts collected from the application of fines in cases of statistical offences, as well as from extraordinary data collection, constitute the revenue of INE or the World Bank, as the case may be, and shall be entered directly in the respective budgets under their own heading.

 

 

PRESIDENTIAL DECREE No. 9/96 of 28 August 1996
ORGANIC STATUTE OF THE NATIONAL STATISTICAL INSTITUTE
(Already with the new wording given to paragraph 1 of Article 5, by Presidential Decree No. 5/98, of ... of ........)

 

PRESIDENTIAL DECREE No. 9/96 of August 28

Statistics is an important tool for the economic, social and environmental management of a country. It is therefore necessary to create a specialized institution for the production and dissemination of the country's official statistical information.
Thus, under the provisions of Article 117(1) of the Constitution of the Republic, the President of the Republic decrees
Article 1 The National Statistical Institute, hereinafter referred to as INE, is hereby established and shall be governed by the attached statutes, which are an integral part of this decree.
Article 2 INE is a public institution with legal personality and technical, administrative and financial autonomy, with its head office in Maputo, and may establish delegations or other forms of representation anywhere in the country, whenever justified.
Article 3 (National Statistical Institute) The National Statistical Institute shall be subordinate to the Council of Ministers.
To be published.
The President of the Republic, JOAQUIM ALBERTO CHISSANO.
 

ORGANIC STATUTE OF THE NATIONAL STATISTICAL INSTITUTE

CHAPTER I
NATURE, TERRITORY, REPRESENTATION AND DUTIES

Article 1
Nature

1. The National Statistical Institute, hereinafter referred to as INE, is a legal person governed by public law, with legal personality and technical, administrative and financial autonomy.
2. INE shall be under the supervision of the Council of Ministers.
3. The Council of Ministers shall delegate the supervision of INE to a member of the Government.
4. INE shall be governed by these Statutes, internal regulations and other legislation applicable to legal persons governed by public law.

Article 2
Territory and Representation

1. INE operates throughout the whole national territory.
2. INE shall have its head office in Maputo, and may, whenever justified by the exercise of its activities and subject to the authorisation of the relevant Minister, establish delegations, agencies or any other form of local representation within the national territory.
3. Within the scope of its tasks, INE may become a member of non-profit associations, whether national, foreign or international.
 
1. INE is the central executive body of the National Statistical System, hereinafter referred to as INE, as defined in Law No. 7/96, of 5 July, responsible for the production and dissemination of official statistical information of general interest to the country.
2. Under the terms of the provisions of paragraph 2 of Article 19 of Law no. 7/96, of 5 July, INE shall be responsible for the following tasks
a) Notation, tabulation, dissemination and coordination of the statistical data entrusted to it by the Government under the terms of its annual activity plan, approved by the relevant Minister, taking into account the general guidelines of national statistical activity and the respective priorities defined by the Statistical Council;
b) Without prejudice to the pursuit of the tasks referred to in the foregoing sub-paragraph, carry out statistical operations to meet, under economically viable conditions, the specific needs of public and private statistical users, the satisfaction of which is specially requested by them and financially covered.
3. In order to carry out the tasks referred to in paragraphs 1 and 2, INE shall be particularly responsible for
a) Carry out surveys, censuses and other statistical operations;
b) Create, centralise and manage the registers deemed necessary, namely those relating to statistical units
c) Access, for statistical purposes only, individualised information on public and private companies, cooperatives, credit institutions, traders and other economic agents, including sole proprietorships, collected within the scope of its mission by the central, provincial and local public administration or by private institutions providing public services
d) Carry out economic and social analyses based on the statistical data produced within the framework of the NSS;

e) Carry out pure and applied statistical studies;
f) To promote the training of SEN staff in conjunction with teaching institutions, particularly university higher education institutions;
g) Cooperating with foreign and international organisations active in the field of statistics.

 

---

 

CHAPTER II
STRUCTURE
SECTION I
Organisation

Article 4
Organization

1. INE is structured as follows
(a) Central Services;
b) Provincial Delegations;
c) Central Bodies.
2. Dependent institutions may be attached to INE, under the terms of the applicable legislation.
 

SECTION II
Central Services

Article 5
Organic Units

1. The Central Services of the National Statistical Institute comprise
(a) Directorate for Integration Coordination and External Relations;
b) Directorate of National Accounts and Global Indicators
c) Directorate for Sectoral and Enterprise Statistics
d) Directorate of Censuses and Surveys
e) Directorate of Demographic, Vital and Social Statistics
f) Directorate of Administration and Human Resources;
g) Office of the President.
2. The specific tasks of the different organic units of the Central Services referred to in the foregoing paragraph shall be set out in the Internal Regulations of INE, to be approved by the relevant Minister, upon proposal of the President of INE.

SECTION III
Provincial Delegations

Article 6
Nature

Provincial Delegations are decentralised executive bodies of INE, headed by provincial delegates who report directly to the President.

Article 7
Organisation and Functions

The organic structure of the provincial delegations, as well as the generic and specific attributions of the respective delegates and their different units, shall be laid down in the Internal Regulations of INE.

SECTION IV
Central Bodies
SUBSECTION I

Article 8
Bodies

The central bodies of INE are
(a) Presidency;
b) Advisory Board
c) Technical Council for Methodological Coordination.

SUBSECTION II
Central Bodies

Article 9
Presidency

The Presidency of INE is made up of a President and two Vice-presidents, appointed by the President of the Republic.

Article 10
Competences of the President

1. The President of INE shall be responsible for
a) Define the general management guidelines and direct the activity of INE, with a view to the implementation of its tasks;
b) Ensure the relations of INE with the relevant Minister
c) Direct the activity of external relations of INE
d) Represent INE, except when otherwise required by law;
e) Submit INE's annual activity plan and report to the Statistical Council, hereinafter referred to as CSE, for approval by the relevant Minister
f) Convene, chair and preside over the meetings of the Advisory Board and of the Technical Council for Methodological Coordination;
g) Supervise the management of INE's human, financial and asset resources and general support services
h) Appoint, dismiss and dismiss the senior staff of the Central Services and Provincial Branches and the heads of other representative bodies of INE
i) Exercise the other functions that are attributed to it by law and by the supervising Minister.
2. The administrative acts of the President of INE shall take the form of orders.

SUBSECTION III
Vice Presidents
Article 11
Subordination

The Vice-Presidents are subordinated to the President of INE.
 

Article 12
Powers of the Vice-Presidents

The Vice-Presidents of INE are responsible for
a) Under the direction of the President, guide and ensure the coordination and technical integration of the statistical activity of the NSS;
b) Assist the President in the exercise of his duties;
c) Substitute the President of INE when he/she is prevented from attending to his/her duties, in accordance with the precedence defined by the President;
d) Supervise the management of the Central Services of INE, as assigned by the President;
e) Exercise the other powers delegated or sub-delegated by the President.

SUBSECTION IV
Advisory Board

Article 13
Nature

The Advisory Council is the President's support body, and its functions are to give its opinion on aspects of the planning, organisation and analysis of INE's operation submitted to it by the President.
 

Article 14
Composition

1. The Advisory Board comprises the President, the Vice-Presidents and the Directors of INE's Central Services.
2. By decision of the President, the provincial delegates may also participate in Advisory Council meetings.

Article 15
Meetings

The Advisory Council shall hold ordinary meetings once a month and extraordinary meetings whenever it is convened by the President.
 

SUBSECTION V

Technical Council for Methodological Coordination

Article 16
Nature

The Technical Council for Methodological Co-ordination is the body that supports the President in the technical coordination of the NSS. Its functions are to analyse matters of a technical nature relating to the activities of the NSS and INE, as well as to issue opinions on such matters submitted to it by the President.

Article 17
Composition

1. The Technical Council for Methodological Co-ordination shall be composed of the President, the Vice-Presidents and the heads of INE's Central Services appointed for the purpose by the President.
2. Other staff or entities, whose participation is deemed convenient and necessary, namely the heads of the delegated bodies of INE, may be invited to participate in the meetings of the Technical Council for Methodological Coordination.

Article 18
Meetings

The Technical Council for Methodological Coordination shall meet whenever convened by the President.

 

---

 

CHAPTER III
BINDINGS OF THE INE

Article 19
Binding

1. INE shall be bound by the signature of the President of INE.
2. Mere administrative acts not entailing obligations to INE may be signed by any member of the Advisory Board, provincial delegates and by the staff members to whom such powers have been conferred by the President.

CHAPTER IV
ASSET AND FINANCIAL MANAGEMENT

Article 20
Assets

The assets of INE comprise all goods, rights and other values donated by the State, public or private entities and cooperation agencies, as well as those acquired or contracted in the exercise of its powers.

Article 21
Revenue

The following shall constitute INE's revenue
a) The appropriations allocated by the State to meet the tasks referred to in Article 3 and the functioning of the EOC and the specialized committees;
b) Proceeds from the sale of statistical products or provision of services;
c) The income from assets assigned to it and from its activities
d) Subsidies, contributions or donations attributed by any public or private, national or foreign entities
e) The proceeds of fines imposed for statistical offences, as well as the amounts collected for extraordinary data collections, under the terms of Law no. 7/96, of 5 July.

Article 22
Expenses

The following are expenditure of INE
a) Expenses related to the respective operation and to the fulfilment of its tasks and powers;
b) Expenses relating to the acquisition, maintenance and conservation of goods, equipment or services to be used
c) Expenses incurred with the functioning of the ESC and its specialised committees.

Article 23
Management Standards

The asset and financial management of INE, including the organisation of its accounts, shall be governed by the rules applicable to legal persons governed by public law.

Article 24
Budget, Report and Accounts

1. INE's annual budget shall depend on the prior approval of the relevant Minister.
2. The annual report and accounts shall be submitted, up to 31 March of the year following that to which they relate, for approval
(a) The supervising Minister;
b) The Administrative Court.


 

---

 

CHAPTER V
STAFF

Article 25
Establishment Plan

1. The establishment plan of INE and the Provincial Delegations shall be approved under the terms of the applicable legislation.
2. INE may hire non-statutory staff to carry out censuses, surveys and other statistical operations of an urgent and temporary nature.
3. INE may also engage national or foreign individuals of recognised merit and specialisation from outside INE, under the provision of services, to carry out studies or special work, and the respective remuneration shall be fixed by joint agreement between the parties.

Article 26
Staff Statute

1. The staff of INE shall be governed by the rules applicable to State employees and, in particular, by the provisions laid down in this Statute and in the Internal Regulation referred to in Article 5(2) of Decree-Law No. 2/2006, of 27th July.
2. The staff referred to in paragraphs 2 and 3 of Article 5 above shall be exempt from the provisions of the preceding paragraph, to which the rules of the individual employment contract and the service provision contract shall apply, respectively.
3. Director and managerial functions shall be performed on a three-year service commission basis, renewable for equal periods.

Article 27
Mobility of Personnel

1. Employees of the State and subordinate institutions, as well as employees of public companies, may be called upon to perform functions at INE on a requisition, secondment or service commission basis, with a guarantee of their original position and the rights acquired therein.
2. 2. Staff members of INE, with the agreement of its President, may be called upon to perform functions in organs of the State apparatus, subordinate institutions, and public enterprises, with a guarantee of their original position and the rights acquired therein.
 

---

CHAPTER VI
FINAL AND TRANSITORY PROVISIONS

Article 28
Assets

The Minister of Planning and Finance shall establish, by order, the assets, rights and obligations to be transferred from the present National Directorate of Statistics to INE.

Article 29
Staff

1. The staff working in the National Statistical Directorate on the date on which this Decree-Law enters into force shall be included in the staff of INE.
2. Staff carrying out functions at the Provincial Statistical Services on the date of entry into force of this Decree-Law shall be integrated into the staff of each Provincial Delegation of INE.

Article 30
Tax Exemption

INE shall be exempt from all contributions, taxes, fees, administrative licenses, justice tax, stamp duty and other general and special levies, under the same terms established by the State.

Article 31
Regulations

Within no more than 30 days after the date on which this Statute enters into force, the Internal Regulations of INE referred to in Article 5(2) shall be approved by the relevant Minister, taking into account the provisions of Article 7 of Decree-Law no. 3/2006, of 1st January.
 

---

 

PRESIDENTIAL DECREE No. 5/98 of ... of ..............
AMENDMENT OF ARTICLE 5(1) OF THE ORGANIC STATUTE OF THE INE

PRESIDENTIAL DECREE No. .../98 of ... of ..............

By Presidential Decree No. 9/96 of 28 August, the National Institute of Statistics was established and its Organic Statute approved.
As it has become necessary to adapt its organic structure to the current stage of development of the National Statistical System, under the provisions of paragraph 1 of Article 117 of the Constitution of the Republic, the President of the Republic decrees

Article 1 The Central Services of the National Statistical Institute shall comprise:
a) Directorate for Integration, Coordination and External Relations;
b) Directorate of National Accounts and Global Indicators
c) Directorate for Sectoral and Business Statistics
d) Directorate of Census and Surveys
e) Directorate of Demographic, Vital and Social Statistics
f) Directorate of Administration and Human Resources;
g) Office of the President.

Article 2 The provisions laid down in Article 5 (1) of the Organic Statute of INE shall be repealed.
Article 3 (Entry into force) This Decree enters into force immediately.

It shall be published.
The President of the Republic, JOAQUIM ALBERTO CHISSANO.

DESIGNATION OF THE MINISTER RESPONSIBLE FOR THE INE

REPUBLIC OF MOZAMBIQUE

COUNCIL OF MINISTERS

By Presidential Decree No. 9/96 of 28 August, the National Institute of Statistics was established and its Organic Statute approved, conferring upon it the status of a legal person governed by public law, with legal personality and technical, administrative and financial autonomy.
Under Article 3 of the above-mentioned Presidential Decree, the National Statistical Institute (INE), the central executive body of the National Statistical System (SEN), reports to the Council of Ministers.

As it becomes necessary to delegate powers, arising from the tutelage of INE, to a member of the Council of Ministers, the Council of Ministers may delegate them:
Single: The Minister of Planning and Finance is delegated the tutelage of INE that emerges from the subordination of this Institute to the Council of Ministers, established in paragraph 3 of Article 1 of the Organic Statute of the National Institute of Statistics.
Approved by the Council of Ministers.

To be published.
THE PRIME MINISTER, PASCOAL MANUEL MOCUMBI.
 

---

 

DRAFT
RULES OF PROCEDURE OF THE
NATIONAL STATISTICAL INSTITUTE


REPUBLIC OF MOZAMBIQUE
OFFICE OF THE MINISTER OF PLANNING AND FINANCE
(DRAFT)
MINISTERIAL DIPLOMA No. .../98 of ... of ............

By Presidential Decree No. 9/96 of 28 August, the National Institute of Statistics was established and its Organic Statute approved.
It has become necessary, in accordance with Article 31 of that Organic Statute, to approve the Internal Regulation of the National Statistical Institute, the Minister of Planning and Finance, in his capacity as Minister responsible for the National Statistical Institute and using the powers conferred on him by paragraph 2 of Article 5 of that Organic Statute, determines:
Article 1: The Internal Regulations of the National Statistical Institute, which are annexed to and form an integral part of this Ministerial Diploma, are hereby approved.
Article 2: This Ministerial Diploma shall enter into force thirty days after the date of its publication.

THE MINISTER OF PLANNING AND FINANCE, TOMAZ AUGUSTO SALOMÃO.  

ANNEX
RULES OF PROCEDURE OF THE NATIONAL STATISTICAL INSTITUTE
CHAPTER I
NATURE, FUNCTIONS AND COMPETENCES

Article 1
Nature

1. INE is a public institution with legal personality and technical, administrative and financial autonomy.
2. In performing its tasks, INE shall be governed by the guiding principles of the National Statistical System (NSS) as defined by Law No 7/96, of 5 July, by its Statutory Statutes approved by Presidential Decree No 9/96, of 28 August, by these Regulations and by the Regulations envisaged in Article 48, and by other legislation applicable to public-law legal persons.
3. INE shall gear its activities towards
a) the satisfaction of the official statistical information needs of the different users, namely human development, gender and environment statistics;
b) the creation and development of a national statistical culture, through the involvement of the population in the participation in official statistical activities, with a view to the success of the different statistical operations carried out within the scope of the National Statistical System.

Article 2
Powers and functions

1. INE shall be responsible for the design, rating, calculation, coordination and dissemination of official statistical information in the country.
2. INE shall be responsible for the following tasksa) To collect, compile, coordinate and disseminate the statistical data entrusted to it by the Government under the terms of its annual activity plan approved by the relevant Minister, taking into account the general guidelines of national statistical activity and the respective priorities defined by the Statistical Council (CSE) under the terms of sub-paragraph
a) of Article 18 of Law no. 7/96 of 5 July, and the opinion of the CSE on that plan under the terms of sub-paragraph b) of the said Article 18
b) Without prejudice to the pursuit of the tasks referred to in the foregoing sub-paragraph, carry out statistical operations that enable the specific needs of public and private users to be met, in economically viable terms, the satisfaction of which is specially requested by them and financially covered.
3. In order to carry out the tasks referred to in the previous paragraphs of this Article, INE shall be particularly responsible for
a) Carry out censuses, special and current surveys, as well as other statistical operations and work;
b) Create, manage and centralise the statistical unit and statistical information files deemed necessary
c) To access, for exclusively statistical purposes, individualised information on natural and legal persons or equivalent entities, namely public and private enterprises, cooperatives, financial and credit institutions, traders and other economic agents, including sole proprietorships, collected within the framework of their mission by the central and local public administration or by private-law institutions providing a public service
d) To carry out pure and applied statistical studies, as well as economic, demographic and social analyses and studies, based on the official statistical information available
e) To promote the training of SEN staff in conjunction with appropriate educational institutions, particularly university higher education institutions
f) To cooperate with foreign and international organisations in the field of research, methodology, production, dissemination and statistical analysis.

CHAPTER II
THE CENTRAL BODIES
SECTION I
Presidency

Article 3
Nature

1. The Presidency, comprising the President and two Vice-presidents, is the supporting body of the President for the strategic and current management of INE.
2. Under the terms of paragraph c) of Article 12 of Presidential Decree no. 9/96, of 28 August, the precedence defined by the President for replacing the Vice-Presidents in his/her absences and impediments is set out in an Order of the President and published in the Government Gazette.

Article 4
Powers and Meetings

1. It is incumbent upon the Presidency to rule on matters brought to its attention by the President, namely those relating to the President's powers defined in paragraph 2 of Article 10 of Presidential Decree no. 9/96, of August 28, or proposed by any of the Vice Presidents, provided they are accepted by the President.
2. The Chair shall meet ordinarily once a week, and extraordinarily whenever called by the Chair or upon proposal by any of the Vice-Chairs accepted by the Chair.

SECTION II
Advisory Council

Article 5
Composition and Designation

1. Under the terms of article 14 of Presidential Decree no. 9/96, of August 28, the Consultative Council is composed of
a) President;
b) Vice-presidents;
c) Directors of the Central Services.
2. Whenever the nature of the matters to be dealt with so requires, the President may invite the Provincial Delegates and the Heads of Department of the Central Services, as well as other INE staff to participate in Advisory Council meetings.
3. The Advisory Council in the composition defined in subparagraphs a) to c) of paragraph 1 shall be called the Restricted Advisory Council.
4. The Advisory Council as defined in paragraph 2 shall be known as the Extended Advisory Council.

Article 6
Meetings

1. The Restricted Advisory Council meets ordinarily once a month and extraordinarily whenever convened by the President or by proposal from any of the Vice Presidents accepted by the President.
2. The Extended Advisory Council meets ordinarily once a year and extraordinarily whenever convened by the President or by proposal from any of the Vice Presidents accepted by the President.

SECTION III
Technical and Methodological Coordination Council
Article 7
Composition and Meetings

1. Under the terms of Article 17 of Presidential Decree no. 9/96 of August 28, the Technical Council for Methodological Coordination is composed of
a) The President, the Vice Presidents and the officers of the Central Services that are designated for this purpose by the President;
b) Other staff or entities, whose participation is deemed convenient and necessary, namely the heads of INE's delegated bodies, may be invited to participate in the meetings of the Methodological Coordination Technical Board.
2. The Methodological Coordination Technical Board may operate through specialised committees to deal with certain sectorial technical areas, to be created by order of the President, which shall contain the respective designation, the members that comprise them, their term of office, powers and duration, as well as the designation of the respective chairman.
3. Whenever the committees have to work on a permanent basis, or for a fixed duration exceeding three months, their members shall be entitled to an allowance, the amount of which shall be set by joint order of the relevant Minister and the Minister for Planning and Finance, following a proposal by the President of INE.
4. The meetings of the Technical Council for Methodological Coordination and its committees shall be convened by the President at least 10 days in advance, and the convening notice shall mention the respective agenda to be discussed.
5. An attendance fee shall be due for attending the meetings of the Technical Council for Methodological Coordination and its committees other than those referred to in paragraph 3 above. The amount of such fee shall be set by joint order of the Minister of Planning and Finance and the relevant Minister, following a proposal by the Chairman.

CHAPTER III
CENTRAL SERVICES

SECTION I
Generalities

Article 8
Organization

1. Under the terms of Article 5 of Presidential Decree no. 9/96, of 28 August, as amended by Article 1 of Presidential Decree no. 5/98, of ... ............, INE's Central Services shall comprise
(a) Directorate for Integration, Coordination and External Relations;
b) Directorate of National Accounts and Global Indicators;
c) Directorate for Sectoral and Enterprise Statistics
d) Directorate for Censuses and Surveys
e) Directorate of Demographic, Vital and Social Statistics
f) Directorate of Administration and Human Resources;
g) Office of the President.
2. The Central Services defined in subparagraphs a) to f) of the foregoing number shall be headed by Directors having the status of National Directors, who may be assisted by Deputy Directors having the status of National Deputy Directors.
3. In the absence and impediments of the Directors, they shall be replaced as follows
(a) By the respective Deputy National Director in cases where there is one;
b) In cases where there is no Deputy National Director, by one of the Department Heads of the respective Board, through the Director's proposal accepted by the President in the form of an express order.
4. The Directorates shall be structured into Departments, which may be structured into Departments and Sections.

SECTION II
Integration, Coordination and External Relations Department

Article 9
Nature

The Directorate of Integration, Coordination and External Relations, abbreviated as DICRE, is the central service responsible for
(a) methodological harmonization and integration;
b) the planning of global activities and the respective monitoring, control and evaluation of execution;
c) coordination of internal and external relations
d) management and dissemination of information, as well as information systems.

Article 10
Competencies and Functions

DICRE is responsible for
a) Advise the President in the formulation of the strategic and operational planning of INE and the NSS;
b) Implement an integrated system for the monitoring, control and evaluation of the implementation of the business plans of INE and of the NSS;
c) Prepare the draft annual plan and report on the activities of INE, in accordance with paragraph e) of paragraph I of Article 10 and paragraph 2 of Article 24, both in the Organic Statute of INE;
d) Advise the President in the management of INE's external relations activities and foster the participation of INE in statistical activities of international organisations
e) Prepare, monitor and assess training actions involving international cooperation, in liaison with the Administration and Human Resources Directorate
f) To coordinate statistical codes, concepts and nomenclatures with a view to their use in all surveys within the scope of the NSS, as well as to foster their use in all administrative acts potentially susceptible to statistical use
g) Exercise control over the technical coordination of the SEN's rating instruments and process the respective registration under the terms of articles 10 and 11 of the Regulations of the Framework Law on the SEN
h) Ensure compliance with the legal provisions relating to the NSS and centralise the processing of statistical litigation with regard to cases of statistical offences and direct compulsory data collection
i) Ensure the management of INE's information, computer and library systems;
j) Centralise the dissemination, publication and marketing of information produced by INE, if necessary by resorting to public or private distributors specially contracted for that purpose, including the promotion and support to the production of publications by the Provincial Delegations and Delegate Bodies, and ensure the preparation of INE's responses to requests for statistical information from national, foreign and international entities
l) Provide administrative support to the CSE and to its specialised committees in accordance with paragraph 5 of article 3 of the Regulation of the Framework Law of the NSS
m) Promote cooperation with national, foreign and international universities and research centers;
n) Other competences and functions assigned to it by order of the President.

1. DICRE is headed by a Director, assisted by a Deputy Director, both appointed by the President.
2. The Director of DICRE shall report to the President.
3. The Deputy Director shall report to the Director.
 
DICRE is structured as follows
a) the Secretariat;
b) Department of Coordination and External Relations
c) Department of Informatics and Information Systems;
d) Dissemination and Documentation Department.
The Directorate of National Accounts and Global Indicators, hereinafter referred to as DCNIG, is the Central Service responsible for the production of national accounts, price indices and other global economic and financial indicators, as well as for economic and financial studies and research.
Article 14 Competencies and Functions
Competencies and Functions
The DCNIG is responsible for
a) Prepare national accounts on an annual and quarterly basis, as well as regional accounts;
b) Preparing summaries and analyses of the macroeconomic conjuncture;
c) To create and manage a central database with socio-economic and environmental indicators and to prepare studies on their impact and correlation;
d) To elaborate proposals for the creation and development of primary statistics on a sectoral basis necessary for the production of national accounts;
e) To draw up indices, namely the consumer price index;
f) To ensure coordination with other Directorates in order to guarantee the harmonisation and consequent integration of the respective statistical operations on a sectoral basis necessary for the production of national accounts;
g) Other competences and functions assigned to it by order of the President on the basis of a proposal from the Vice-President in charge of economic and financial statistics.
Article 15 Subordination
Subordination


The DCNIG is headed by a Director appointed by the President on a proposal from the Vice-President in charge of Economic and Financial Statistics, to whom it reports.
 
The DCNIG is structured as follows
(a) Secretariat;
b) National Accounts and Economic Research Department
c) Prices and Economic Research Department.
 
The Directorate for Sectoral and Business Statistics, hereinafter referred to as "DESE", is the Central Service responsible for the production of economic and financial statistics on sectors, public administration, enterprises, the environment, the informal sector, as well as for the management of the central database of enterprises and establishments.
Article 18 Competencies and Functions
Competencies and Functions

It is incumbent upon the DESE to
a) Prepare current statistics concerning agriculture, fisheries, natural resources, industry, water, construction. energy, internal trade, external trade, tourism, transport, communications and other services, environment, the informal sector, and public finance;
b) To plan, carry out and control censuses and sector and company surveys in the sectors referred to in the previous sub-paragraph;
c) To create, manage and keep up-to-date the central database of enterprises and establishments, and produce statistics by exploiting this database
d) To produce derived statistics, analyses and studies, and the respective publications relating to the sectors under its competence
e) Ensure the participation of internal and external users in the planning and conduct of statistical operations for which it is responsible, and ensure that such operations comply with the SEN principles and other normative and technical coordination and statistical integration provisions
f) To give an opinion on requests for authorisation to conduct surveys or statistical work by other entities; The DCI is structured as follows:
a) Secretariat;
b) Department of Methods and Sampling;
c) Census Cartography and Operations Department.
 
The Demographic, Vital and Social Statistics Directorate, abbreviated to DEMOVIS, is the Central Service responsible for the production and development of demographic and social indicator systems, as well as demographic and social analysis and research.
It shall be incumbent upon DEMOVIS
(a) Draw up statistics on population, households and their living conditions, including employment, unemployment, remuneration, wages and other working conditions, assistance and social security;
b) Prepare demographic indicators, namely inter-census population estimates and population projections
c) To prepare vital statistics, natural population movement statistics, as well as statistics on justice, education, research and development, culture, recreation and sports, and health
d) To carry out demographic and social analyses and systematic research based on the use of available statistical information, in particular on the determining factors that act on the demographic dynamics of the country;
e) To give an opinion on requests for authorisation to carry out surveys or statistical work by other public bodies;
f) To perform other powers and duties assigned to it by order of the President on the basis of a proposal from the Vice-President in charge of Demographic, Vital and Social Statistics.
 
DEMOVIS shall be headed by a Director appointed by the President on a proposal from the Vice-President in charge of Demographic, Vital and Social Statistics, to whom it shall report.
 
DEMOVIS is structured as follows
(a) Secretariat;
b) Department of Demographic Statistics and Studies
c) Department of Vital and Social Statistics.
 
The Directorate of Administration and Human Resources, abbreviated to DARH, is the central service responsible for the provision of administration, finance, accounting, assets and stationery services, and the management and development of human resources.
It is incumbent upon the DARH
a) Prepare the draft budget of INE and manage its accounts and report on the respective budget implementation;

b) Prepare the draft annual accounts report, in accordance with paragraph 2 of Article 24 of the Organic Statute of INE
c) Cooperate with DICRE in the preparation of the annual activity report of INE, under the terms laid down in paragraph e) of Article 10(1) of the Statute of the Organisation Statute of INE
d) Control and account for INE's revenue and expenditure
e) Ensure the acquisition of movable and immovable property and ensure its proper use and maintenance
f) To manage the general security systems of the premises, transport, graphic arts, telephone communications, hygiene and cleaning, as well as protocol
g) Carry out the general inventory of INE and ensure its permanent updating and control
h) Provide administrative support to the CSE, its Specialized Committees and Working Groups, in liaison with the Secretary of the CSE and DICRE;
i) To plan, coordinate and ensure the recruitment, selection, management, training and development of human resources, as well as the hiring of staff and service providers
j) To observe and enforce the General Statute for State Employees and other legislation applicable to civil service workers, as well as to issue opinions on matters relating to the management and development of human resources
l) Design and control the academic and professional training plan of INE's staff
m) Ensure the actions within the scope of social assistance to INE's staff
n) Draw up the staff establishment plan, implement its integrated and systematised management, and manage the staff information system and personnel records;
o) Other competences and functions assigned to it by order of the President.

Article 31
Subordination

The DARH is headed by a Director appointed by the President, to whom it is subordinate.

Article 32
Organization

The DARH is structured as follows
a) Secretariat;
b) Administration and Finance Department;
c) Human Resources Department

SECTION VIII
Office of the President

Article 33
Nature

The President's Office, abbreviated as GPINE, is a secretariat, logistic and legal support service of the Presidency.

Article 34
Competencies and Functions

The GPINE is responsible for:
a) Organize the working agenda of the President and Vice Presidents;
b) Organizing the day-to-day dispatch, correspondence, filing and documentation of the President and Vice-Presidents
c) Ensuring the dissemination and control of the implementation of decisions and instructions from the President and Vice-Presidents
d) Ensuring communication and the President's and the Vice-Presidents' relations with external entities, namely with the media and the public
e) To assist and support logistically, legally and administratively the President and the Vice-Presidents
f) To serve as secretary to the meetings held by the members of the President, namely the Consultative Council and the Technical Council for Methodological Coordination;
g) Other competencies and functions that may be assigned to him by order of the President.

Article 35 
Organization and Subordination

1. The GPINE is headed by a Head of Office appointed by the President, to whom it is subordinated, with the status of Head of Department.
2. The Secretariats of the President and Vice-Presidents are integrated in the GPINE and are directed by their respective private secretaries.
3. The Secretariats of the President and the Vice-Presidents shall be responsible for ensuring the decentralization of the universe of functions inherent to their respective support.
4. The Vice Presidents' Secretariats shall perform their activities under the hierarchical and functional dependence of the respective Vice Presidents, and shall coordinate their functions with the Chief of Staff and, whenever necessary, with the Secretariat of the President.

SECTION IX
Provisions Common to Central Services

Article 36
Technical Management Board

Each Central Services Management Office shall have a Technical Board, abbreviated to CT, to support the respective Director in the areas of planning, control and evaluation of the Directorates' activities.
2. The TC shall be composed of the Director, who shall preside, the Deputy Director, if any, and the respective Department Heads.
3. By invitation of the Director, other staff members of the Directorate may participate in TC meetings.
4. The TC shall meet when convened by the respective Directors, ordinarily once a month and extraordinarily whenever convened by them.

 

---

CHAPTER IV
PROVINCIAL DELEGATIONS

SECTION I
General Provisions

Article 37
Nature

The Provincial Delegations of INE, hereinafter referred to as DPINEs, are decentralised services intended to ensure the implementation at provincial level of statistical operations at national, provincial and local level, as well as the functions of provincial centers of national statistical information and documentation.

Article 38
Competencies and functions

The DPINEs shall be responsible for
a) Participate in the execution of statistical operations of national scope, execute statistical operations of specifically provincial and local scope, perform the functions of provincial centers of national statistical information and documentation, as well as manage the respective human, financial and material resources;
b) To collaborate in the conception of statistical operations of national scope
c) Execute, within its geographic area of jurisdiction, the statistical operations of national scope
d) To conceive and execute provincial and local statistical operations after their approval by the President;
e) Coordinate and disseminate statistical information of provincial and local scope and carry out economic and social analyses and studies for the same levels, after approval by the President;
f) The other competencies and functions attributed to them by the Regulation provided for in Article 48.
 

Article 39
Subordination

1. The DPINEs shall be headed by Provincial Delegates with the status of Provincial Directors, and shall carry out their activities under the direct dependence of the President of INE and in functional articulation with the different departments of the Central Services.
2. 2. The Provincial Delegates shall be appointed by the President.
3. 3. In the event of absence or impediment, the Provincial Delegates shall be replaced by one of the Heads of Department, by means of a proposal submitted to the President and accepted by the latter in the form of an order.

Article 40
Collaboration

The DPINE may collaborate with the Provincial Governments, State and Municipal Bodies and Services and other public and private entities of the respective province, namely as regards promotion, information and awareness of the respective official statistical activities of national and provincial interest, to which, under the terms of the NSS Framework Law, namely the principle of statistical authority, all the collaboration necessary for the performance of their official statistical duties shall be owed.

Article 41
Powers of the Provincial Delegates

The Provincial Delegates shall be responsible for
a) Represent the respective DPINE, as well as establish the latter's links with the Central Bodies and Services of INE;b) Ensure the management and coordination of the work of the DPINE;
c) Define, in accordance with the general guidelines and directives of the Central Bodies and Services of INE, the objectives and operational lines of action for the services of the BPNIP
d) Request the competent INE's Central Bodies and Services the guidelines deemed necessary for the pursuance of the activities of the BPNIP
e) Ensure the timely supply to the different Central Services of statistical data and information of a technical, financial and administrative nature, according to the respective activity programmes
f) To submit to the President the annual plan of activities and the respective budget, as well as the corresponding execution report, without prejudice to the postulated in the terms of the applicable general legislation
g) To administer and assign the staff of the DPINE's services, in compliance with the legal provisions in force and the general guidelines and directives issued by the President;
h) Other competences and functions assigned to them by order of the President.

Article 42
Organization

The DPINE is structured as follows
a) Secretariat;
b) Economic and Financial Statistics Department
c) Department of Demographic and Social Statistics
d) Administration and Human Resources Department;
e) Technical Council.
SECTION II
The Departments and the Technical Council

Article 43
Secretariat

The Secretariat, which functions under the direct authority of the Provincial Delegate, is responsible for, in addition to the secretarial tasks and logistical support, the organization and management of the library, as well as the planning and coordination of the Delegation's internal and external relations.

Article 44
Department of Economic and Financial Statistics

1. The Economic and Financial Statistics Department, hereinafter referred to as DEEF, shall be responsible for the execution of statistical operations at national and provincial level, under the technical guidance of the Directors of Central Services in charge of Economic and Financial Statistics.
2. The DEEF shall be headed by a Head of Department with the status of Provincial Head of Department appointed by the President on the proposal of the Provincial Delegate.

Article 45
Department of Demographic and Social Statistics

1. The Demographic and Social Statistics Department, hereinafter referred to as DEDS, shall be responsible for the execution of statistical operations at national and provincial level under the technical guidance of the Directors of Central Services in charge of Demographic and Social Statistics.
2. The DEDS shall be headed by a Head of Department with the status of Provincial Head of Department appointed by the President on the proposal of the Provincial Delegate.

Article 46
Department of Administration and Human Resources

1. The Department of Administration and Human Resources, abbreviated to DARHP, shall be responsible for the tasks of accounting and treasury, personnel, assets and stationery, security of premises, dispatching and filing, promotion, dissemination and marketing of information, and other logistical and instrumental support tasks to the activities of the DPINE as assigned by the Provincial Delegate and the Director of Central Services of the Directorate of Administration and Human Resources, in accordance with the general guidelines laid down by the President.
2. The DARHP shall be headed by a Head of Department with the status of Provincial Head of Department appointed by the President on the proposal of the Provincial Delegate.

Article 47
Technical Council

Each DPINE shall have a Technical Council composed of the Provincial Delegate, who shall chair it, and the respective Heads of Department.
2. The Technical Council is the body that supports the Provincial Delegate in the planning, control and evaluation of the DPINE's activities.
3. The Technical Council shall meet when convened by the Provincial Delegate once a month and extraordinarily whenever convened by him.
4. By invitation of the Provincial Delegate other managers of the DPINE may participate in the meetings of the Technical Council.

 

---

 

CHAPTER V
FINAL PROVISIONS

Article 48
Specific Regulations

1. Specific provisions on the organization, powers, management, and operation of the Central Services Directorates shall be contained in internal operating regulations to be approved by an order of the President upon the proposal of the respective Directors and with the assent of the Advisory Council.
2. Specific provisions regarding the organization, competencies, management, and functioning of the Provincial Offices shall be contained in internal functioning regulations to be approved by an order of the President after obtaining a favorable opinion from the Consultative Council.
 

DRAFT
REGULATION OF OPERATION OF THE PROVINCIAL DELEGATIONS OF THE INE

REPUBLIC OF MOZAMBIQUE
NATIONAL STATISTICAL INSTITUTE
(DRAFT)
DESPACHO N.º .../98 de ... de ............

Regulation on the functioning of the provincial delegations
Under the terms of paragraph 2 of Article 48 of the Internal Regulation of the National Statistical Institute, approved by Ministerial Order no. .../98, of ... of ............, of the Minister in charge, having heard the Advisory Council of INE at its meeting of ..., of ............, of 1998, and having obtained its favourable opinion, I hereby determine
1. the Regulations for the Operation of Provincial Delegations, which are annexed to this Order and form an integral part thereof, are hereby approved.
2. Any doubts or cases omitted from the present Regulation shall be resolved by Order of the President after obtaining the assent of the Consultative Council.
3. The Regulations for the functioning of the Provincial Delegations shall come into force within thirty days of the date of this Order.

Maputo, ... of ............ 1998
THE PRESIDENT
_______________________________
( João Dias Loureiro )

ANNEX
( DISPATCH NO. .../98, OF ... OF .......... )
functioning regulation
of the
Provincial Delegations

 

---

 

CHAPTER I
Nature and Duties

Article 1
Nature

1. The Provincial Delegations of INE, abbreviated as DPINEs, as provided for in the Organic Statute of INE, approved by Presidential Decree No. 9/96, of 28 August 1996, in accordance with Article 6 and Article 37 of the Internal Regulations of INE, approved by Ministerial Order No. .../98, of ... ............. .../98, of the Minister responsible for INE, are decentralised services at provincial management level which, in an integrated perspective, have the purpose of ensuring, at provincial level, the implementation of statistical operations at national, provincial and local level, the functions of provincial centers of national statistical information and documentation and the management of the respective human, financial and material resources, in accordance with the policy and objectives at national level defined by the President for the referred subsystem.
2. The territorial scope of the DPINE shall coincide with that of the Provinces.
3. The DPINEs shall develop their activities under the direct dependence of the President and in functional and organic articulation with the different Directorates of the Central Services.
4. The DPINE may interact with public or private entities of provincial relevance, namely with Provincial Governments, local authorities, other provincial services, business associations, trade unions, and consumer associations.

Article 2
Attributions and Competences

Under the terms of Article 38 of the Internal Regulations of INE, approved by Ministerial Order no. .../98, of ... of ........., of the Minister in charge, the DPINEs shall be responsible for
a) Participate in the execution of statistical operations of national scope, execute statistical operations of specifically provincial and local scope, perform the functions of provincial centers of national statistical information and documentation, as well as manage the respective human, financial and material resources;
b) To collaborate in the conception of statistical operations of national scope
c) Execute, within its geographic area of jurisdiction, the statistical operations of national scope
d) To conceive and execute statistical operations of a specifically provincial and local scope after their approval by the President;
e) To coordinate and disseminate statistical information of national, provincial and local scope;
f) To carry out economic and social analyses and studies of a specifically provincial and local scope, after approval by the President;
g) The other competences and functions attributed to it by the present Regulations.
2. In the exercise of its duties and competences, the DPINE shall act at the technical level for the statistical operations at national level, based on the functional articulation model with the Central Services' Directorates, which consists in the existence in the DPINE of a technical manager designated as provincial coordinator, who is subordinated at the hierarchical level to the respective Provincial Delegate, and at the functional level to the Central Services' technical manager designated as national coordinator.
 

---

 

CHAPTER II
Bodies, Organizational Structure and Duties

Article 3
Organs and Competencies

1. The organs of the DPINE are the respective Provincial Delegates.
2. Under the terms of Article 41 of the Internal Regulations of the INE, approved by the Ministerial Diploma no. .../98, of ..., of ............, of the supervising Minister, the Provincial Delegates shall be responsible, in particular, for
a) Represent the respective DPINE, as well as establish its links with the Central Organs and Services;
b) Ensuring the management and coordination of the DPINE's activity;
c) To define, in accordance with the general orientations and directives of the Central Organs and Services, the objectives and the operational lines of action for the services of the DPINE
d) Requesting from the competent Bodies and Central Services the orientations that may prove necessary for the pursuit of the activities of the DPINE;
e) To ensure the timely supply to the different Central Services of the statistical data and information of technical, financial and administrative nature according to the respective activity programs
f) To submit to the President's order the annual plan of activities and the respective budget, as well as the corresponding execution report, without prejudice to the postulated under the terms of the applicable general legislation;
g) To manage and assign the staff of the DPINE's services, in compliance with the legal provisions in force and the general guidelines and directives issued by the President;
h) Exercise the other competencies assigned to it by order of the President.
3. The Provincial Delegates may, whenever they deem convenient, delegate or sub-delegate to the Department Heads their competencies regarding current issues of each area for the better functioning of the services.
4. The Provincial Delegates shall propose to the President, from among the Department Heads, the designation of a substitute for their absences and impediments.
 

Article 4
Organic Structure and Duties

Under the terms of Article 42 of the Internal Regulations of INE, approved by Ministerial Order no. .../98 of ..., of ........... of the Minister in charge, the DPINE is structured as follows
(a) Secretariat;
b) Economic and Financial Statistics Department
c) Department of Demographic and Social Statistics
d) Administration and Human Resources Department
e) Technical Council.

Article 5
Secretariat

Under the terms of Article 43 of the Internal Regulations of INE, approved by Ministerial Order no. .../98, of ..., of ............, of the Minister in charge, the specific duties of the Secretariat shall be
(a) The secretarial tasks of the Provincial Delegate, in particular of expediency and filing;
b) The organization and management of the library, as well as the respective attendance of readers;
c) The planning and coordination of internal and external relations;
d) Any other tasks assigned to him by order of the Provincial Delegate.

Article 6
Department of Economic and Financial Statistics

1. Under the terms of Article 44 of the Internal Regulations of INE, approved by Ministerial Order no. .../98, of ..., of ............, of the Minister in charge, the specific tasks of the Economic and Financial Statistics Department shall be
a) To collaborate in the design of statistical operations of national scope to the extent requested by the Directorates of Central Services in charge of economic and financial statistics;
b) To participate in the implementation of statistical operations at national level in the geographical area of jurisdiction of the DPINE, in accordance with the guidelines and directives issued by the Central Services Directorates in charge of economic and financial statistics
c) To conceive, plan and execute statistical operations approved by the President with a specifically provincial and local scope in the area of economic and financial statistics, including analyses and studies;
d) Any other tasks assigned to him by the Provincial Delegate.
2. The execution of statistical operations of national scope is done under the technical guidance of the respective provincial coordinator in functional dependence on the respective national coordinator.

Article 7
Department of Demographic and Social Statistics

1. Under the terms of Article 45 of the Internal Regulations of INE, approved by Ministerial Order no. .../98, of ..., of ............, of the minister responsible, the specific tasks of the Department of Demographic and Social Statistics shall be
a) To collaborate in the design of statistical operations of national scope to the extent requested by the Directorates of the Central Services in charge of demographic and social statistics;
b) To participate in the implementation of statistical operations at national level in the geographical area of jurisdiction of the DPINE, in accordance with the guidelines and directives issued by the Central Services Directorates in charge of demographic and social statistics
c) To conceive, plan and execute statistical operations approved by the President with a specifically provincial and local scope in the area of demographic and social statistics, including analyses and studies;
d) Any other tasks assigned to him by the Provincial Delegate.
2. The execution of statistical operations of national scope shall be carried out under the technical guidance of the respective provincial coordinator in functional dependence on the respective national coordinator.

Article 8
Administration and Human Resources Department

1. Under the terms of Article 46 of the Internal Regulations of INE, approved by Ministerial Order No. .../98, of ..., of ............, of the Ministry of INE, the specific functions of the Administration and Human Resources Department are the following
a) To prepare the annual budget project and to proceed to the accounting management and accountability of the respective budget execution, controlling and accounting for the processing of revenues and expenses;
b) To elaborate the draft activity report and annual accounts;
c) To ensure the acquisition of goods and to care for their proper use and maintenance, as well as to carry out the respective inventory and ensure its permanent updating and control;
d) To manage the security systems of the facilities, transportation, graphic arts, communications, and hygiene and cleaning, as well as protocol
e) To plan, coordinate and ensure the tasks related to recruitment, selection, management, remuneration processing, training and development of human resources, including those related to hiring staff and service providers
f) To ensure the actions in the scope of social assistance to workers;g) The promotion, dissemination and marketing of statistical information, as well as the periodic collection of information conveyed by the media on the activities, products and services of INE in general and the NSDI, in order to detect with the utmost objectivity the climate of opinion of the external environment and users of official statistical information in particular
h) Make available, on a monthly basis, management indicators relating to the economic and financial area and the human resources area
i) Any other tasks assigned to it by the Provincial Delegate.
2. The performance of the tasks referred to in the previous paragraph shall be subject to the technical-administrative guidelines and directives issued by the Central Services Directorates in charge of administration and human resources.

Article 9
Technical Council

1. The Technical Council provided for in Article 47 of the Internal Regulations of INE, approved by Ministerial Order no. .../98, of ............, of the Minister responsible, shall have a Secretary appointed by the Provincial Delegate, in order to exercise its competences as a support body of the Provincial Delegate for planning, control and evaluation of activities.
2. The Secretary shall take minutes of Technical Council meetings, which shall contain a summary of the proceedings, namely the date, the members present and absent, the matters considered and the conclusions reached.
3. Once the minutes have been approved, a certified copy shall be sent to the President for his information.

CHAPTER III
General Provisions

Article 10
Personnel Board

1. The permanent staff of the DPINEs is included in the staff establishment plan of INE approved by Ministerial Order no. .../98, of ........., of the Minister for Planning and Finance and of the Minister for State Administration.
2. The workplaces shall be located in the geographical area of each DPINE.
3. The distribution of personnel among the various services of each DPINE shall be the responsibility of the respective Provincial Delegate.
4. Any justified need to adjust the number of staff assigned to the DPINE under the terms of paragraph 1 shall be decided by the President of the Institute upon the proposal of the respective Provincial Delegate.
5. In order to cope with exceptional situations of activity or tasks to which the permanent staff cannot justifiably respond in terms of efficiency and effectiveness, the DPINE may propose to the President the admission of fixed-term contract staff and/or the signing of contracts for the provision of services.

Article 11
General Management Principles

1. In managing the DPINE, priority shall be given to the principles of decentralization of powers and decision-making, suitability of actions to the actual needs of the National Statistical System and of its users, empowerment of the community, as well as simplification of guidelines, circuits and processes.
2. The work of the DPINE shall be based on management by objectives and adequate financial control by results.
 

Article 12
Management Instruments

1. The management of the DPINE shall be governed by the following instruments
a) annual plan of activities;
b) Annual budget;
c) Annual activity report and financial report.
2. The annual activities plan shall consider the programs, proposals and actions to be undertaken during the period in question by the various services of the DPINE, clearly defining the priority areas of intervention.
3. The preparation of current and development programs shall be based on the business plan for each fiscal year.

Article 13
Organic Articulation

1. The organic articulation of the DPINE with the Central Services is defined in hierarchical, functional and control terms, deriving from the organic and management autonomy granted to the DPINE under the scope of regional decentralization, in an attempt to provide answers to operational, efficiency and opportunity issues in the supply of data and other information, taking advantage of organic synergies.
2. The hierarchical relationship corresponds to the formal assumption of responsibilities by the different bodies of the structure, in a vertical sense, responding according to their formal position in the hierarchy, so as to ensure unity of command and to allow for the direct allocation of responsibilities, ensuring responsibility for the implementation of programmes in accordance with the purposes and strategic objectives of INE.
3. The functional relationship allows for an organic response to technical issues horizontally, service by service, in which authority derives from technical recognition and positioning within the structure, with a view to functional articulation and organic development taking into account the basic management principles, measured by productivity, efficiency and effectiveness indicators, in which cooperation should be natural or result from organic and functional definition. In the latter case, it is necessary to clarify who has technical authority.
4. The control relationship operates in a double position, formal and functional, in which the functional relationship is normally assumed by a staff body whose authority is delegated by the power body to which it reports.
5. The organic articulation is done in two ways, through the hierarchical line and the functional relationship, in which the first deals with issues involving the definition of objectives, the delineation of strategies, the preparation of programs and budgets, and the allocation of means, and the second deals with the optimization of technical resources and functional articulation, developing the appropriate organic conditions for this purpose.

Article 14
Functioning

1. Each DPINE shall propose, according to the calendar and for the established period, the objectives, the strategy, the activity plans, the necessary means and the respective programs and budgets, which shall constitute the DPINE's management project to be appraised and approved by the President.
2. Once the President approves the management project for the period, the DPINE shall be equipped with the indispensable basic instruments.
3. Management control shall be of a matrix type - hierarchical and functional - and shall be executed by way of activity programs, functional and investment budgets, management reports and other indicators.

Article 15
Organizational Articulation in the Financial and Administrative Plan

For the real day-to-day situations and the establishment of the organic-functional relationship in the financial and administrative plan, the following rules of procedure are established:
a) REVENUE: The own revenues generated by the DPINE from the sale or provision of services, shall be fully deposited on the immediate working day, in a bank account of INE, to be indicated by the Directorate of Administration and Human Resources;
b) Working capital: Each BPIINE shall have its own working capital, the amount of which shall depend on its specific needs, to be determined by the President, in accordance with the approved budget of INE;
c) REMUNERATION: The remuneration of the staff shall be processed by the Administration and Human Resources Department, and the net amounts to be paid shall be made available to the interested parties, if possible through a bank account indicated by the staff members themselves;
d) SUPPLIERS: The suppliers' invoices, after being duly checked and countersigned, are classified, in accordance with the chart of accounts, and entered on magnetic support (diskette), after which they will be sent to the Administration and Human Resources Department;
e) SERVICES AND SUPPLIES: Payments of current services such as telephone, water and electricity will be regularly paid by debiting INE's bank account, to be indicated by the Administration and Human Resources Directorate;
f) INVESTMENT ASSETS: Fixed assets shall be subject to periodical plans to be submitted to the President by the DPINE, in accordance with the respective approved annual budget;
g) CONSUMPTION GOODS: Whenever possible, consumption goods shall be acquired locally and shall be included in the DPINE's current management, bearing in mind that specific goods or goods of greater consumption shall be requested from the Directorate of Administration and Human Resources in accordance with its instructions;
h) CURRENT MANAGEMENT: All expenses considered to be current management must be paid by the DPINE's own working capital, which, on a date to be defined by the Administration and Human Resources Department, will send to the latter, on a monthly basis, all supporting documents for the expenses, duly stamped, on the basis of which the replacement of funds will take place through bank transfer.

---

Law No. 12/97 of May 31
BASIC LAW OF THE GENERAL POPULATION AND HOUSING CENSUS


Law No. 12/97 of May 31
Basic Law of the General Population and Housing Census

Recognizing the need to collect numeric and qualitative information on the characteristics of the population, housing and socio-economic reality of the country in a systematic and regular manner throughout the entire national territory, the institutionalization of a legal instrument is required for this purpose.
Under these terms, using the authority conferred by the provisions of article 135(1) of the Constitution, the Assembly of the Republic determines:

CHAPTER I
GENERAL PROVISIONS

SECTION I
Article 1
(Definitions)

For the purposes of the present law
a) General Population and Housing Census, abbreviated as Census, the process of collection, compilation, evaluation, analysis and publication or other form of dissemination of demographic, economic and social data concerning all persons and also of statistical data concerning all housing units and their occupants in the national territory, at a well-defined time;
b) Household means a natural person or a group of persons, whether or not related, living in the same housing unit, who recognizes an adult male or female as their head and who shares the basic costs of board and lodging;
c) Housing unit means the physical space where one or more households live;
d) Enumeration period: the period of time during which interviews are conducted with nationals and foreigners with a view to collecting statistical data on persons and housing units;
e) Census time, the zero o'clock of the day of the beginning of the census.

Article 2
(Scope)

1. The Census shall be conducted throughout the entire national territory, covering
a) national citizens who are resident, present or temporarily absent;
b) foreign citizens who are resident, present or temporarily absent;
c) housing units.2. Exceptions to the provisions of paragraph 1(a) of this article are foreigners who are members of the diplomatic corps living in the respective embassies.

Article 3
(Objective)

The aim of the Census is to enable statistical, quantitative and qualitative knowledge of the Mozambican population and other residents and persons present on national territory, as well as of the housing stock.

Article 4
(Periodicity and Date)

1. The periodicity of the Census shall be decennial.
2. The date of the Census shall be set by the Council of Ministers.

SECTION II
Data collection, compulsory response, and statistical confidentiality
and Statistical Confidentiality

 

Article 5
(Collection of Individual Statistical Data)

1. Individual statistical data shall be collected by direct interview of household members by census takers in each housing unit.
2. The data shall be qualitatively and quantitatively recorded in the respective Census Bulletin.

Article 6
(Obligation to Respond)

1 All persons covered by the Census, under the terms of Article 2, shall be required to respond to the respective Census Bulletins by providing, truthfully, the statistical data requested of them under the terms of the law.
2. Any national or foreign citizen who refuses to provide the data requested in the Census Bulletin, or who provides such data by falsely stating the truth, shall be guilty of an offence punishable by the penalties applicable to crimes of disobedience or false statements, as provided for in the Criminal Code.

Article 7
(Statistical Confidentiality)

1. Individual statistical data collected through the Census shall be confidential, and may only be published or otherwise disclosed in the form of aggregate statistical data.
2. Employees, supervisors, census takers and all other individuals involved in the process of data collection, processing and analysis shall be prohibited from disclosing or misusing the individual statistical data contained in the Census Bulletins.
3. Census officials and agents who violate the provisions of the preceding paragraph shall be liable to disciplinary, civil or criminal liability under the terms of the law.

 

---

 

CHAPTER II
THE ORGANIC STRUCTURE

SECTION I
The Organizations

Article 8
(Governing Bodies)

The bodies responsible for the direction, coordination and central implementation of the Census are
a) the Coordinating Council of the General Census of Population and Housing, abbreviated to CCRGPH;
b) the National Statistical Institute, hereinafter referred to as INE.
 

SECTION II
Coordinating Council of the General Census of Population and Housing

Article 9
(Nature)

The CCRGPH is the body of the National Statistical System that oversees the implementation of the Census, reporting to the Council of Ministers.

Article 10
(Membership)

1. The CCRGPH shall be composed of
(a) appointed members of the Council of Ministers;
b) the President of INE;
c) two representatives of INE, to be appointed;
d) one representative of the National Council for Higher Education.
2. The CCRGPH shall be chaired by the Prime Minister.
3. 3. The President of the CCRGPH may invite other entities or executives to take part in CCRGPH meetings if their participation is deemed convenient and necessary.

Article 11
(Competencies)

The Coordinating Council for the General Population and Housing Census is responsible for
a) coordinate the Census process in all its technical-administrative phases and ensure, at the national level, the participation of the various structures involved;
b) approve the Census activity plan and budget, as well as the rating instruments
c) inform citizens about the Census objectives, namely through the media
d) issue directives to the subordinate structures and ensure their implementation
e) approve its internal regulations.

SECTION III
Executive Structure
Article 12
(National Statistical Institute)

1. INE shall be responsible for the implementation of all census operations.
2. Census Offices of the respective levels shall be set up in districts, administrative posts, cities and wherever deemed convenient.
3. INE shall be responsible for preparing and implementing the Census as regards the design, collection, processing, analysis and publication of the respective statistical results.
4. In compliance with directives and guidelines issued by the CCRGPH, INE shall be liable for all collaboration requested by the latter:
a) to the central bodies of the State apparatus;
b) the provincial governments
c) local government bodies
d) local authorities
e) other public institutions and entities;
f) private entities that are concessionaires of a public service.

---

 

CHAPTER III
FINANCING AND PERSONNEL

Article 13
(Financing)

1. The expenses related to the Census process shall be supported by funds inscribed in the State Budget.
2. The availability of the budgetary funds referred to in the previous number shall be made according to the Census activity plan approved by the CCRGPH.
3. The administration and budgetary execution of the funds made available for Census operations shall be the responsibility of INE.

Article 14
(Recruitment, Selection and Remuneration of Personnel)

1. The hiring of any staff required for the implementation of the census, whether under a non-executive contract or a service-provision contract, shall not confer on the contracted staff the status of employees of the State.
2. The staff involved in Census activities shall be remunerated under terms and conditions to be defined by the Council of Ministers upon proposal by the CCRGPH.

 

---

 

CHAPTER IV
FINAL AND TRANSITORY PROVISIONS

Article 15
(Regulation)

Within thirty days of the date of publication of this Law, the Council of Ministers shall approve the Census Regulations upon proposal by the CCRGPH.

Article 16
(Revocation Law)

Law No. 1/90 of 30 April 1990 is hereby revoked.
Article 17
(Entry into Effect)

This Law shall come into effect immediately.
Approved by the Assembly of the Republic, on April 30, 1997.
The President of the Assembly of the Republic, in office, Abdul Carimo Mahomed Issá.
Promulgated on May 31, 1997.
To be published.
The President of the Republic, JOAQUIM ALBERTO CHISSANO.

 

DRAFT
REGULATION OF THE BASIC LAW FOR THE GENERAL POPULATION AND HOUSING CENSUS


COUNCIL OF MINISTERS
(DRAFT)
DECREE No. .../9... of ... of ...........
REGULATION OF LAW No. 12/97, of 31 MAY
Basic Law of the General Population and Housing Census

With the approval by Parliament of Law no. 12/97 of 31 May, the Basic Law for the General Population and Housing Census, a legal instrument was created to regulate the collection of quantitative and qualitative statistical information of a census nature on the characteristics of the population, housing and socio-economic reality of the country.
As it has become necessary to regulate that law, in the development of the legal regime established in its article 15 and under the provisions of paragraph 1 of article 152 of the Constitution, the Council of Ministers decrees
Article 1: The Regulation of Law No. 12/97, of May 31, which is attached hereto and is an integral part of this decree is approved.
Article 2: All legal provisions that contradict the provisions of this decree are hereby revoked.
Article 3: This decree enters into force thirty days after the date of its publication.
Approved by the Council of Ministers.
To be published.
THE PRIME MINISTER, PASCOAL MANUEL MOCUMBI.


ANNEX
REGULATION OF LAW No. 12/97, of May 31
of the general population and housing census
 

CHAPTER I
GENERAL PROVISIONS

SECTION I
Object and Scope

Article 1
Object

In accordance with article 15 of the Basic Law of the General Population and Housing Census, approved by Law no. 12/97 of 31 May, the present regulation defines the rules that must govern the application of that Law and the consequent implementation of the General Population and Housing Censuses, abbreviated to Censuses.

Article 2
Scope

This Regulation applies to the entire national territory.

SECTION II
Operation of the Coordinating Council
of the General Census of Population and Housing

Article 3
President

In accordance with article 10 (2) of Law no. 12/97 of 31 May 1997, the CCRGPH is chaired by the Prime Minister, who may delegate the Presidency, in his or her absences and impediments, to one of the members of the Council of Ministers appointed to the CCRGPH.

Article 4
Appointment of Members

1. The members of the CCRGPH provided for in paragraph 1 of article 10 of Law no. 12/97 of 31 May are appointed as follows:
a) The designated members of the Council of Ministers, shall be appointed by its Resolution;
b) The two representatives of the National Statistical Institute, abbreviated to INE, shall be appointed by order of the Prime Minister on a proposal from the President of INE;
c) The representative of the National Council for Higher Education shall be appointed by Prime Ministerial decree on the basis of a proposal from the former.
2. The appointment of CCRGPH members, under the terms envisaged in the previous point, shall indicate the effective members and their substitutes.
3. Whenever circumstances make it advisable, the composition of the CCRGPH may be altered by Resolution of the Council of Ministers upon the Prime Minister's proposal.

Article 5
Deliberations

1. The deliberations of the CCRGPH shall be binding on those to whom they are addressed.
2. Whenever the CCRGPH deems necessary, its Resolutions shall be published in the Boletim da República.

SECTION III
Financing and Personnel

Article 6
Financing

1. In order to operationalise the administration and budgetary execution of funds made available to INE for Census operations, under the terms of paragraph 3 of Article 14 of Law no. 12/97, of 31 May 1997, the funds included in the State Budget, in accordance with paragraphs 1 and 2 of that Article, shall be transferred to the budget of INE, at its reasoned request, as and when deemed necessary.
2. INE is hereby authorised to provide the entities referred to in the following paragraph with the necessary and foreseen funds to ensure the implementation of the activities and tasks assigned to them for the implementation of the Census.3. 3. Provincial governments, local state bodies and Municipal Councils shall be required to keep an autonomous accounting record of income and expenditure incurred within the scope of the Census, which, after completion of the work, for purposes of accountability, shall be submitted to INE together with the original supporting documents of the expenditure incurred, within the time periods and under other conditions established by the latter.
4. The accounting records required in the foregoing paragraph, after being stamped by the President of INE, shall constitute sufficient proof for the justification and legality of the expenses detailed therein.
5. Expenditure due for the implementation of the census to be carried out by INE, provincial governments, local state bodies and local authorities shall be made without any formalities required for public expenditure.

Article 7
Recruitment and Selection of Staff

1. Staff hired under an off-board contract or a service provision contract for the implementation of the Census under the terms of paragraph 1 of article 14 of Law no. 12/97, of 31 May, at the end of the respective contract term shall cease to be connected to the executive structure of the Census envisaged in article 12 of the same Law.
2. INE shall be responsible for drafting the standard contracts referred to in the foregoing paragraph, for approval by the CCRGPH.

Article 8
Remuneration of Staff

In accordance with paragraph 2 of Article 14 of Law No 12/97, of 31 May 1997, INE shall be responsible for preparing the CCRGPH's draft proposal to the Council of Ministers on the terms and conditions of remuneration of the staff involved in census activities.

CHAPTER II
SPECIFIC PROVISIONS

SECTION I
Activity Plan, Budget and Rating Instruments

Article 9
Competences of INE

1. For the proper exercise of the powers attributed to the CCRGPH by paragraph b) of article 11 of Law No. 12/97, of 31 May 1997, to approve the business plan and budget of the Census, as well as the respective rating instruments, taking into account the powers attributed to INE by paragraph 3 of article 12 of that Law to prepare and implement the Census with respect to the design, collection, processing, analysis and publication activities of the Census. (3) of that Law to prepare and implement Censuses as regards the activities of design, collection, processing, analysis and publication of the respective statistical results, INE is responsible for preparing the respective drafts for approval by the CCRGPH, given its status as the central body for the production of official statistics of the National Statistical System, endowed with technical autonomy.
2. The date of the Census, or census moment, to be set by the Council of Ministers under the terms of paragraph 2 of Article 4 of the above-mentioned law, shall be proposed by INEto the CCRGPH for approval and submission to the Council of Ministers.

SECTION II
Executive Structure

Article 10
Census Offices

1. INE shall set up Census Offices, abbreviated as CG, in districts, administrative posts, towns and wherever deemed convenient, as foreseen in paragraph 2 of Article 12 of Law no. 12/97, of 31 May, by decision of the CCRGPH upon proposal by INE.
2. Whenever the administrative boundaries of the brackets referred to in the previous paragraph, which have not yet been defined by law, present identification doubts on the ground, or where there are pending disputes, INE may, after hearing the authorities interested in those brackets, transpose the boundaries deemed traditional by INE for the purposes of implementing the Census, namely for the preparation of the census cartography, to the nearest landforms, namely road, street, railway track or any natural accident, so as to avoid omissions or duplications in the collection of census data.
3. The CG shall carry out the activities and tasks entrusted to them by INE, acting under the direct hierarchical and functional dependence of the latter, under the terms and conditions laid down by the latter.

DRAFT
REGULATION ON THE APPLICATION OF THE PRINCIPLE OF STATISTICAL CONFIDENTIALITY

REGULATION ON THE APPLICATION OF THE PRINCIPLE OF STATISTICAL CONFIDENTIALITY

The Bases of the National Statistical System, approved by Law No 7/96 of 5 July 1996, states in Article 7 that the principle of statistical confidentiality consists in INE's obligation to protect individual statistical data, on natural or legal persons, collected for the production of statistics, against any non-statistical use and unauthorised disclosure, with a view to safeguarding the privacy of citizens, preserving competition between economic agents and ensuring the confidence of respondents.
The same law also stipulates in Article 14 that "All statistical information of a statistical nature shall be used for the production of statistics":
(1) All statistical information of an individual nature collected by official statistics producing bodies, within the scope of the SEN, is strictly confidential in nature, and therefore:
(a) It may not be discriminately inserted in any publications or provided to any persons or entities, nor may a certificate be issued therefrom;
b) No service or authority may order or authorize their examination;
c) They shall constitute professional secrecy for all employees or agents of the NSS who become aware of them by virtue of their statistical duties;
2. 2. Individualized information on individuals shall never be disclosed;
3. Individualized information on public or private companies may never be disclosed, unless with the written authorization of the respective representatives or following authorization by the Statistical Council, on a case-by-case basis, provided the needs of economic planning and coordination or external economic relations or scientific research are at stake;4. The provisions of paragraph 1 shall not apply to information on the public administration and the identification, location and activity of companies and establishments, and other information which is generally of interest and use by the public.
Thus, the protection of the privacy of citizens and the preservation of competition between economic agents, on the one hand, and the guarantee of confidence of statistical information providers in the National Statistical System, on the other hand, regarding the processing and use of the information and statistical data they provide, require that appropriate regulatory measures be taken in order to ensure the absolute security of such information and statistical data and thus prevent any processing and use in contravention of the principle of statistical confidentiality.
The Statistical Council, as the State Body which superintends and coordinates the National Statistical System, having regard to its competence defined in Article 18(f) of that Law To ensure compliance with statistical confidentiality and to decide on proposals to waive statistical confidentiality, pursuant to Article 14(3) of this Law; is , therefore, the competent entity to specify and specify the content and scope of the precepts of Law No. 7/96 regarding the principle of statistical confidentiality.
Two years after the date on which Law no. 7/96 came into force, it is considered imperative and urgent to clarify some of its provisions on the principle of statistical confidentiality so as to integrate details and rules of action to facilitate its strict observance by the National Statistical Institute, its Delegated Bodies and the Bank of Mozambique, as the official statistics producing bodies of the NSS.
Thus, a draft Resolution of the Higher Council of Statistics is hereby submitted for approval of a Regulation on the application of the principle of statistical confidentiality.

REPUBLIC OF MOZAMBIQUE
NATIONAL STATISTICAL SYSTEM
HIGH COUNCIL OF STATISTICS

Resolution No. .../...
REGULATION ON THE APPLICATION
OF THE PRINCIPLE OF STATISTICAL CONFIDENTIALITY


Under the terms of sub-paragraph f) of Article 18 of the Law of the National Statistical System, approved by Law no. 7/96, of 5 July, the Statistical Council, at its ... Plenary Meeting held on ... of ............ of 199..., decided to approve the Regulation on the Application of the Principle of Statistical Confidentiality, which is annexed to this Resolution and forms an integral part thereof.
The present Resolution shall be published in the Boletim da República.
Maputo, ... of .............. of 199...

THE PRESIDENT
_____________________
(...........................)


RESOLUTION NO. .../... OF THE HIGH COUNCIL FOR STATISTICS
ANNEX
implementing regulation
of the principle of statistical confidentiality

Article 1
Scope of application

1. This Regulation shall apply exclusively to the principle of statistical confidentiality enshrined in the Framework Law on the National Statistical System, approved by Law No 7/96, of 5 July.
2. This Regulation is addressed to all bodies of the National Statistical System, hereinafter referred to as NSS, namely the National Statistical Institute, hereinafter referred to as INE, its Delegated Bodies, hereinafter referred to as ODINE, the Bank of Mozambique, hereinafter referred to as BM, and the Coordinating Council of the General Population and Housing Census, hereinafter referred to as CCRGPH, to the extent of their official statistical functions.

Article 2
Definitions

1. For the purposes of this Regulation, individual statistical data referred to in Article 7 of Law No. 7/96, of 5 July, shall mean all information relating to identified or identifiable natural persons, corporate bodies and similar entities, which must be provided by them under the terms of the principle of statistical authority defined in Article 6 of the said Law, data which can only be obtained legally through the intervention of the person concerned or his/her representative.
2. 2. Interested person shall mean natural persons, legal persons and equivalent entities, in relation to whom individual statistical data are collected, thus constituting statistical units that integrate the statistical population or universe that is the object either of a direct statistical survey or of the use of administrative records for statistical purposes.
3. 3. Every natural person, collective person and similar entity that can be identified, directly or indirectly, namely by reference to an identification number or to one or more specific elements of his/her physical, physiological, psychic, economic, cultural or social identity, shall be considered identifiable.
4. The individual statistical data referred to in paragraph 1 above, required for the production of official statistics, may take the nature of auxiliary information and statistical data themselves.
5. 5. Ancillary information shall mean quantitative and qualitative information collected for the purpose of its technical use in the production of official statistics, namely
a) For the case of statistical units having the nature of natural persons, the name, sex, age, marital status and address;
b) For statistical units that are legal persons or equivalent entities, the name, number of employees, amount of turnover, amount of share capital, the branch of economic activity in which they operate and the address.
6. Statistical data as such means the numerical representations attributed by each statistical unit, which is part of a reporting population, to a variable in relation to which it is intended to know, through statistical enquiry, the intensity of the respective collective phenomenon in quantifiable terms.
7. By official statistics, in the terms of Article 9 of the Regulation of Law no. 7/96, of 5 July, approved by Decree no. .../98, of ... of ............, are those produced by the NSI, its NSOs and the WB, in the exercise of their powers as statistical producing bodies within the framework of the NSS, and which translate into quantitative data resulting from the manual or electronic processing of individual statistical data, which quantify the intensity of a collective phenomenon occurring in a statistical population whose constituent statistical units have been the object of statistical observation, either through a direct statistical survey or through indirect collection based on the use of administrative records.
 

Article 3.
Use of individual statistical data

1. Under the terms of Article 7 of Law no. 7/96, of 5 July, individual statistical data shall be considered confidential and shall be protected against any non-statistical use and unauthorised disclosure and may only be used for the production of official statistics.
2. For an official statistic to be disseminated, under the terms of paragraph 2 of Article 5 of Decree no. .../98, of ............, taking into account the limitations imposed by the principle of statistical confidentiality, it is necessary that it reflects the result of the processing of individual statistical data referring to at least three statistical units, thus enshrining the minimum number rule.
3. Under the terms of the preceding paragraph, the dissemination of official statistics shall not be permitted whenever it is possible, either directly or indirectly, to identify the statistical units to which they refer.
4. A statistical unit shall not be considered indirectly identifiable when the respective identification involves disproportionate costs or timeframes.5. Exceptions to the principle of statistical confidentiality as provided for in Article 14(3) of Law No 7/96, of 5 July, as regards authorisation by the Statistical Council, shall be subject to the requirement that the direct identification of the respective statistical units is not possible, and shall only be possible when the anticipated needs are formulated by public services with statutory powers in the areas of planning and economic coordination, external economic relations and scientific research.
6. The decisions of the Statistical Council which authorise the exceptions referred to in the preceding paragraph shall be made public, thereby ensuring the right to the respective information and respect for the principle of transparency.
 

Article 4
Use of supplementary information

1. Ancillary information, as referred to in paragraphs 4 and 5 of Article 2, may be used, in addition to the production of official statistics, to compile statistical unit files on statistical populations required for the design and launching of statistical surveys for the production of official statistics, as laid down in general terms in paragraph b) of paragraph 3 of Article 3 of Presidential Decree No. 9/96, of 28 August, which established INE and approved its Statutes.
2. The statistical unit records referred to in the foregoing paragraph which have been created by INE may be made available by the latter to its NSDB and WB, to the extent required for the exercise of the respective official statistical functions within the framework of the NSS.
3. The statistical unit records referred to in the previous paragraph, excluding those referring to units of a natural person nature, may also be made available to other public or private services and entities, against payment under the terms laid down in sub-paragraph b) of paragraph 2 of Article 3 and sub-paragraph b) of Article 21, both of Presidential Decree no. 9/96, of 28 August.