Newspaper of the Republic
Series I, No. 40 A
Friday, October 14, 2016
$1.25
OFFICIAL PUBLICATION OF THE DEMOCRATIC REPUBLIC OF TIMOR - EAST
Extraordinary Number
The Parliament deliberated on the consent to the displacement of the
President of the Republic at the plenary meeting on October 3rd
2016, under the constitutional provisions and
applicable regulations.
SUMMARY
NATIONAL PARLIAMENT:
Resolution of the National Parliament No. 15/2016 of 14th
October
Travel of the President of the Republic to Brasília and
Lisbon ..................................................... ..................................... 1
Thus, the National Parliament resolves, under the combined terms
of paragraph 1 of article 80 and of subparagraph h) of paragraph 3 of article 95 of
Constitution of the Republic, give consent to the displacement of
His Excellency the President of the Republic to Brasília and Lisbon,
between October 27th and November 8th, 2016.
Resolution of the National Parliament No. 16/2016 of 14th
October
Approves Parliament's Action Plan and Budget
National for 2017 ..................................................... .................. 1
Approved on October 3, 2016.
GOVERNMENT :
Decree-Law No. 43/2016 of 14 October
Rules Relating to Access to Official Documents ....... 16
The President of the National Parliament,
Publish yourself.
Adérito Hugo da Costa
NATIONAL PARLIAMENT RESOLUTION No. 15/2016
NATIONAL PARLIAMENT RESOLUTION No. 16/2016
of October 14th
of October 14th
DISPLACEMENT OF THE PRESIDENT OF THE REPUBLIC A
BRASILIA AND LISBON
The President of the Republic addressed a message to Parliament
National report on his absence from the country between the 27th of
October and November 8, 2016, traveling to Brasília and
Lisbon, on the occasion of the transfer of the rotating presidency
of the Community of Portuguese Language Countries for Brazil,
during the Conference of Heads of State and Government of
CPLP, in Brasília, on October 31st and November 1st.
Series I, No. 40 A
APPROVES THE ACTION PLAN AND THE BUDGET OF
NATIONAL PARLIAMENT FOR 2017
Pursuant to the provisions of subparagraphs a) and d) of paragraph 1 of article
23 of Law No. 15/2008, of December 24, Organization Law
and Functioning of the Parliamentary Administration, it is the responsibility of the
Plenary of the National Parliament to approve its annual plan of
action or activities and the corresponding private budget
annual, to be incorporated in the General State Budget.
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Considering the direct dependency relationship on the budget
in relation to the annual plan to which it refers, the action plan and the
respective budget for 2017 are approved jointly in the
this resolution.
Thus, the National Parliament resolves, pursuant to article
92 of the Constitution of the Republic, and sub-paragraphs a) and d) of paragraph 1
of article 23 of Law no. 15/2008, of December 24, the following:
Article 1
Approval of the Parliament's Action Plan and Budget
National for 2017
With effect from January 1, 2017, the following are approved:
a) The Action Plan of the National Parliament for 2017,
contained in Annex I to this resolution, which makes it
integral part;
b) The National Parliament Budget for 2017, contained
of Annex II to this resolution, which is part of it.
integral.
Article 2
Effects production
This resolution takes effect on 1 January
2017.
It is the responsibility of the National Parliament to legislate on matters of its
competence, approve the Plan and the State Budget,
deliberate on the respective activity report, inspect the
budget execution and pass the constitutional revision laws.
It is also empowered to approve and terminate agreements and
ratify international treaties and conventions, grant
amnesties, give consent to the visits of the President of the
Republic in State visits, authorize and confirm the
declaration of the state of siege and the state of emergency and
to propose to the President of the Republic the submission to a referendum of
issues of national interest.
Finally, the National Parliament also exercises a competence
of inspection regarding the action of the Government and the
Public administration.
As a democratic institution, the National Parliament
represents the will of the People and must uphold all their
expectations, seeking to respond to their needs
and contribute to the solution of national problems.
Budget resources and activity plans of the
Parliament aim to strengthen their capacities to exercise
of its constitutional powers, carry out its
oversight functions of the action of the Government and the Administration
Public and contribute to promoting the participation of the
civil society in parliamentary and legislative activities,
making the political decision process more transparent and
inspection of government action.
Eyesight
Approved on October 4, 2016.
Becoming a vibrant institution of democracy, which
support the realization of the nation's aspirations for peace
to prosperity and a society based on the
mutual respect, equality, solidarity and fraternity.
Publish yourself.
Mission
The President of the National Parliament,
As the sovereign legislative body of the State, the
National Parliament intends to truly represent the
people and be transparent, accessible, accountable and effective in
its legislative, oversight and representational functions.
Adérito Hugo da Costa
Values
i. The national interest first;
ii. Accountability by the National Parliament as
institution;
ANNEX I
National Parliament Action Plan for 2017
INSTITUTIONAL FRAMEWORK
iv. Respect for human rights, gender equality and
diversity;
The role of the National Parliament
Pursuant to Articles 67 and 92 of the Constitution of the Republic
Democratic Republic of Timor-Leste, the National Parliament (PN) is the
sovereign body representing all citizens
Timorese, with legislative, supervisory and
political decision.
Series I, No. 40 A
iii. Transparency in all aspects of the activity
parliamentary;
v. Defense of the prestige of the parliamentary institution;
saw. Professionalism and integrity of Members and employees;
vii. Efficiency in the use of resources;
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viii. Impartiality in the provision of support services by
of the staff;
10. Ensure the effective functioning of the Board of
Inspection of the National Intelligence System.
ix. Continuous institutional improvement.
ACTION PLAN
Priorities
GENERAL OBJECTIVES FOR 2017
In 2017, the National Parliament will embrace a set
of new challenges, which include defining a new orientation
through the approval of the 2017 Strategic Plan –
2022, of an Action Plan to Support International Policy
of the State, an Openness and Transparency Plan and a
new Organic Law, which establishes an innovative organization
of Parliament. For this, the following objectives are defined
general:
1. Contribute to an effective and competent scrutiny of
proposals and bills submitted to Parliament
National, carry out an effective inspection of the action of the
Government and effectively carry out its functions of
representation.
2. Strengthen the role of the National Parliament as an institution
fundamental role of the State, making it more transparent, more
closer to citizens and more efficient in managing their
resources.
1. Implement the reform of the National Parliament, under the terms
of the object of the Eventual Committee for Parliamentary Reform,
whose attributions are the approval of a Strategic Plan
2017 – 2022, of a Policy Support Action Plan
State International, of an Opening Plan and
Transparency and a new Organic Law, which establishes
an organization of the Parliament adequate to the fulfillment
objectives of the new Strategic Plan.
2. Promote civil society participation in debates
on the main legislative proposals submitted by the
Government to the National Parliament, namely the
General State Budget.
3. Publish, using as the main means of communication, the
your website, the general architecture of the activity
parliament with the aim of promoting systematization,
dissemination and knowledge about the functioning of the
National Parliament.
4. Ensure the publication of the Journal of the National Parliament.
3. Promote parliamentary democracy by strengthening the
capacity of parliamentary benches and effectiveness
of your performance.
4. Ensure the strategic direction of development
institutional structure of the National Parliament, implement its
financial autonomy, increase the efficiency of parliamentary administration, promote the improvement of the exercise of
powers of the Board of Directors and the
supervision of the action of the General Secretariat.
5. Ensure an effective performance of the National Parliament in the
international relations and parliamentary diplomacy.
5. Start the operation of the Parliamentary Radio to
direct transmission and dissemination of information about the
parliamentary activity.
6. Continue the systems development actions
information and management procedures, especially
focus on the areas of financial, asset and
human resources, with the aim of creating conditions for
the exercise of effective financial autonomy,
administrative and patrimonial of the National Parliament.
6. Provide quality services to Deputies, Plenary,
parliamentary committees and other bodies of parliament
National.
7. Continue the process of improving the services of
Parliament's information and communication technologies
National, and purchase of equipment for the implementation
of the Strategic Plan for Information Technologies and
of the 2015-2017 Communication.
7. Provide the National Parliament with infrastructure, equipment and material means conducive to performance
more effective of its functions of legislation, inspection and
representation.
8. Implement a management information system for the
common legislative process with a view to improving management.
of this process. It is intended to collect prior information
on the experience in this matter of CPLP Parliaments.
8. Raise sensitivity and understanding for construction
of consensus among the members of the Women's Group
Timor-Leste Parliamentarians and Members of the
National Parliament to promote the importance of
integrated approach to gender in the National Parliament.
9. Promote the participation of the President of Parliament
National in the ASEAN interparliamentary forum, as
observing member.
9. Provide advice and opinion to the National Parliament in
regarding the use of the Petroleum Fund to finance the State General Budget (OGE), in compliance
pursuant to the Petroleum Fund Law.
Series I, No. 40 A
10. Create a Parliamentary Training Center within the scope of
concern with increasing the training of
employees, to ensure the preparation and implementation
of a National Parliament Formation Plan.
11. Implement the Statute for Parliamentary Staff.
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Goals and Actions for 2017
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Explanation:
The National Parliament's Human Resources table in 2016 is 170, as shown below:
119 permanent employees;
8 Fixed Term Contractors;
28 Appointed in service commission;
15 Employees appointed to management and leadership positions.
Of the 119 permanent employees, 13 are appointed to management and leadership positions.
For 2017, the total Human Resources in the National Parliament will be 201, with the following composition:
Permanent employees – 158 (119 employees of the current staff + 39 new employees who are currently in the final recruitment phase);
Appointed in service commission - 28;
Appointed to management and leadership positions - 15.
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Chart
ANNEX II
NATIONAL PARLIAMENT BUDGET FOR 2017
INTRODUCTION
Within the overall structure of the budget of the National Parliament, the budget of each Directorate and 1st line division of the
Secretariat is empowered.
This disaggregation allows for a more effective and accountable management of the various units with responsibility for
budget execution. It also allows for better monitoring of the execution of the activity plan and its connection to the
financial resources applied.
In this context, there are two universes of analysis of the National Parliament's budget, the "Parliamentary Activity" and the
“Secretariat of the National Parliament”.
GLOBAL ANALYSIS
Part I - Guidelines
The budget of the National Parliament for 2017 has a similar structure to the year 2016, namely in the part of the
Secretariat.
With the disaggregation operated, the need arose to join the budgets of activities into two groups: "Activity
Parliamentary” and “National Parliament Secretariat”.
Part II - Income and Expenses
(Article 16, paragraph 1, and 17 of Law 15/2008, of 24 December, and article 28 of Law no. 13/2009, of 21 October).
Global Revenue Budget
The budget of the National Parliament is fully financed by funds from the General State Budget.
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unit: thousands USD
2015
2016
2017
Proposed Budget Execution
Revenue
2017/2016 variation
Total Revenue
15.167
17,697
2,530
17%
Appropriations from the General State Budget
15.167
17,697
2,530
17%
15.167
17,697
2,530
17%
FCTL
Other Revenues
Table 1 - Budget allocation of revenue and expenditure for 2017
For 2017, the amount of budgeted revenues is equal to the amount of expected expenses and has as a source of funding the
General State Budget (OGE) and more specifically the Consolidated Fund of Timor-Leste (FCTL).
Overall expenditure budget
In global terms, the National Parliament budget for 2017 presents a total expenditure of 17,697m$. This matches
an increase of 2,530m$ (+17%) compared to 2016.
unit: thousands USD
Expenses by category
2015
2016
2017
Proposed Budget Execution
2017/2016 variation
Total Budget
83%
15.167
17,697
Current expenses
91%
95%
78%
100%
77%
64%
89%
14,556
13,980
(576)
-4%
4,713
5,116
403
9%
8.913
7,934
(979)
-11%
Salaries and Wages
Goods and services
Transfers
Capital Expenses
Minor Capital
Development Capital
2,530
17%
930
930
0%
611
3.717
3.106
509%
611
3,620
3.010
493%
96
96
Table 2 – Comparison of 2016/2017 budget allocation by category
The overall increase in the budget amount is due to the +509% variation in the Capital Expenditure budget, corresponding to
at +3,106m$. In the opposite direction, Current Expenses decrease 4%, corresponding to -576m$.
The increase in Capital Expenditure results from the increase in the allocation to the smaller capital category, in relation to the items
“purchase of vehicles” (acquisition of vehicles for new Deputies), “computer equipment” (laptops for new
Deputies and Library database system) and “communication equipment” (session recording migration
plenary sessions in digital format). The increase in development capital expenditure is related to the rehabilitation of the four houses
National Parliament bathing facilities and the rehabilitation of the Members' cafeteria.
The increase in the appropriation for the category of salaries and salaries results from the approval of the new Staff Regulations
Parliamentarians and the recruitment of new employees in 2016.
Budget by Activities and Divisions
unit: thousands USD
2015
2016
2017
Proposed Budget Execution
Expenses by activity
2017/2016 variation
Total Budget
83%
15.167
17,697
2,530
17%
Parliamentary Activity
96%
96%
8.993
11,927
2,933
33%
National Parliament
6,099
9,115
3.016
49%
Office of the President of Parliament
National
89%
675
898
223
33%
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89%
100%
65%
66%
86%
86%
77%
49%
43%
National
parliamentary benches
Commission A
Commission B
Commission C
Commission D
Commission E
Commission F
Commission G
Petroleum Fund Advisory Board
(CCFP)
System Supervisory Board
National Intelligence Agency (CFSNI-TL)
East Timor Women Parliamentarians Group (GMPTL)
PN secretariat
Secretary General's Office
Administration Directorate (D-ADMIN)
Parliamentary Support Directorate (D-PARL)
Research and Technical Information Department
(D-PIT)
Information Technologies Division and
Communication (DITIC)
International Relations Division,
Protocol and Security (DIRIPS)
930
930
103
30
(73)
-71%
87
30
(57)
-66%
98
30
(68)
-69%
101
30
(71)
-70%
121
30
(91)
-75%
107
30
(77)
-72%
95
30
(65)
-68%
62%
358
561
203
57%
34%
100
100
0
0%
79%
71%
85%
77%
74%
0%
117
112
(6)
-5%
6,174
5,770
(405)
-7%
(265)
-67%
397
132
4,454
4,816
929
318
(611)
-66%
49%
263
257
(6)
-two%
69%
87
219
132
151%
44
29
(15)
-35%
362
8%
Table 3 - Comparison of the 2016/2017 budget by Activities and Divisions
Parliamentary Activity: The budget for “parliamentary activity” includes the action plan of the committees and other activities.
It is 11,927m$, an amount that represents an increase of 33% (+2,933m$) compared to the budget for 2016. This increase occurs essentially in the “National Parliament” (+3,016m$ corresponding to +49%) - as a result of allocation of allocated funds
to the acquisition of vehicles for new Deputies, in the category of smaller capital.
Office of the President of the National Parliament (GPPN): The GPPN Budget for 2017 is 898m$, increasing by 223m$
(33%), compared to 2016. The increase has to do with the allocation of 110m$ for the parliamentary reform package and
hiring of office support advisors.
Parliamentary benches: Payment of the annual subsidy for parliamentary benches is foreseen under the terms of article
69 of the Law on the Organization and Functioning of the Parliamentary Administration (LOFAP), in the amount of 930 m$.
Specialized Committees: The activities defined by each committee for the performance of its duties, represent
a global budget of 210m$, related to local travel of commissions (30m$ for each Commission). This value corresponds to
a decrease of 71% compared to the 2016 allocation.
Petroleum Fund Advisory Board: The proposal for 2017 is 561m$, increasing 204m$ (57%) compared to
2016. The increase is registered in the category "goods and services" and is related to the increase in the remuneration of directors and the
increase in the “minor capital” category for the acquisition of two operating vehicles.
Secretariat of the National Parliament: The budget of the Secretariat of the National Parliament (including the Office of the Secretary General, Directorates and Divisions) presents a decrease of 7%, corresponding to -405m$. Only in the salary category and
salaries the “Direction of Administration” (D-ADMIN) shows an increase of 403m$. This increase results from the implementation
the Statute of Parliamentary Officials. In addition, an amount of 195m$ is also allocated, in the category and heading of
“minor capital/purchase of vehicles”, in D-ADMIN, for the acquisition of three security vehicles of the President and Vice-Presidents of the National Parliament. This amount implies an increase of 117m$ (150%) compared to 2016.
Division of Information and Communication Technologies (DITIC): DITIC's budget allocation for 2017 shows an increase
of 132m$ (151%) compared to 2016. This increase is related to the acquisition of new laptops for the new Deputies.
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BUDGET MAP
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DECREE-LAW No. 43/2016
b) To the bodies and services of the Indirect Administration of the
State;
of October 14th
c) To the Municipalities;
RULES RELATING TO ACCESS TO DOCUMENTS
OFFICERS
There are no rules in Timor-Leste's legal system.
legal rules that regulate the aspects relating to documents.
produced by public entities, namely their
nature and its access.
In this sense, the need arises to approve a regime
legal documents on official documents that guide the treatment of
be given to them, in terms of the confidentiality of the
matters and to regulate access by the public.
Bearing in mind the right of interested parties to information and the
right of open administration, provided for in Decree-Law no.
32/2008, of August 27, which approves the Procedure
Administrative, it is foreseen the possibility for the public to access
to official documents, provided that they do not include
confidential matters.
As for the documents that are part of confidential matters,
for powerful reasons of defense of State Security and
public interest, which also deserve protection.
constitutional, interested parties can only access them.
provided they are duly authorized.
The approval of this regime allows the adoption of criteria
uniforms by public entities, for the relationship with
interested parties wishing to access official information and
for the adequate protection of matters whose knowledge
may affect the interests of the state constitutionally
protected.
d) Public companies;
e) To other entities in the exercise of administrative functions or public powers.
3. The present diploma does not affect the regime on protection
of documents dealing with matters subject to
Secret of State or of Justice.
Article 2
Definition
1. For the purposes of this diploma, a document
official any information carrier in written form,
visual, sound, electronic or other material form in possession
bodies and entities referred to in paragraph 2 of the previous article.
2. Are included in official documents, namely the
following:
a) Internal normative orders;
b) Circulars;
c) Guidelines or Guidelines;
d) Instructions;
e) Service Orders;
f) Memoranda;
g) Minutes;
The provisions of this diploma do not affect the application of
special regimes that regulate matters of State Secrecy
or of Justice.
h) Opinions;
Thus,
j) Protocols;
The Government decrees, pursuant to paragraph b) of paragraph 1 of article
115 of the Constitution of the Republic, to be valid as law, the
Following:
k) Reports;
Chapter I
General provisions
Article 1
Object and scope
1. The present diploma establishes the rules to be observed on
access to official documents.
2. The present diploma applies to:
l) Contracts;
m) Any other documents or communications that
comprise a framework for administrative activity or interpretation of law.
3. They are not considered official documents for the purposes of
present diploma, the following:
a) Personal notes;
b) Sketches;
a) To the bodies and services of the Direct Administration of the
State;
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i) Letters;
c) Notes and other records of nature

similar.
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Article 3
General principles
Article 6
Confidential Matters
1. Access to official documents is assured under the terms
of the present diploma in accordance with the following
Principles:
Access to documents dealing with
the following subjects:
a) Those relating to the Defense and Security of the State, under the terms
defined in the legislation in force, whose knowledge puts
at risk or may cause damage to defense or security
internal and external of the State;
a) Transparency;
b) Equality;
c) Impartiality;
b) Those that reveal commercial, industrial, scientific,
technical, financial or economic;
d) Protection of Personal Data.
2. Access to official documents includes consultation,
reproduction and information about its existence and
content, without prejudice to defined access restrictions
in the present diploma.
3. Restriction of access to official documents that have
confidential nature complies with the following principles:
the necessity;
b) Proportionality;
c) Those containing matters relating to labor relations
or contractual agreements established with the State, whose
knowledge calls into question the reserve of the intimacy of the
privacy or the disclosure of personal data;
d) Those relating to the preservation of the fundamental interests of the
constitutionally enshrined state, namely,
the integrity of the territory, national sovereignty, the
heritage, defense of the population, financial stability
and economic and national development;
e) Those relating to the strategy to be adopted by the State in the framework
negotiations with other states or organizations
international;
c) Adequacy;
d) Subsidiarity.
f) Those transmitted, confidentially, by States
foreigners or international organizations;
4. The provisions of this statute do not affect the right to
all to be informed, under the terms of the law, by the Administration on the progress of the processes in which they are
directly interested and to know the resolutions
definitive statements about them.
Article 4
Language of official documents
1. All official documents must be written in
Tetum or Portuguese or in the Indonesian or English language
when this proves necessary.
2. Communications with international entities may
be made in the official languages ​or in the language of the entity.
whenever it proves to be strictly necessary.
3. The use of languages ​other than the official ones and those of
work does not preclude definition as an official document
under the terms of the present diploma.
Chapter II
Access regime to official documents
Article 5
Access Regime
Without prejudice to the principle of open administration, it can
be refused access to official documents in cases
provided for in the following articles.
g) Those relating to the preservation and security of resources
economic and energy.
Article 7
public access
1. Official documents can be accessed by the public,
under the terms and conditions defined in this diploma,
if they are not confidential in nature.
2. Documents that comprise confidential matters only
can be accessed by the public with express permission.
of the competent Government member who directs the bodies and
services integrated in the State's Direct Administration
or, in the other bodies and services, by the top manager
of the service or entity, or whom they delegate.
Article 8
Access right restrictions
1. The refusal of access to official documents must be based on the nature of the matters provided for in article 6 and in the
weighting of the risk that access may cause to the security of the State and the defense of the public interest, given
the principles set out in Article 3(3).
2. Total or partial refusal of access to documents must
be justified to the applicant in writing.
3. Access to documents preparatory to a decision or
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constants of unfinished processes can be deferred
until the decision is taken, the process is archived or
within a year of its creation.
in writing, to the competent member of government or to the officer
maximum number of entities referred to in article 1, to access
to the content and information of official documents.
4. Access to inquiries and inquiries takes place after the
expiry of the period for any disciplinary proceedings.
2. The application referred to in the previous number must mention,
under penalty of rejection, the following elements:
5. A third party can only have access to documents that
contain, about a natural, identified or
identifiable, appreciation or judgment, or information
covered by the reservation of intimacy of private life, if
is in possession of written authorization from it or demonstrates
direct interest, personal and legitimate enough
relevant under the principle of proportionality.
a) Identification of the document to be accessed;
6. A third party can only have access to documents that contain commercial, industrial or life secrets
internal of a company if you have authorization
writing this or showing direct interest according to the
principle of proportionality.
b) Identification of the form of access to the document, in the
terms of paragraph 1 of the previous article;
c) Identification of name, address, contact and signature
of the applicant.
3. In the cases provided for in paragraphs 5 and 6 of article 8, interested parties must attach the respective authorizations to the application.
4. Public entities must provide the necessary support to the
public for the best and correct identification of the document
that you want to consult.
7. Documents of a confidential nature are subject to
partial communication whenever it is possible to purge the
information relating to the subject matter.
Chapter III
authorization procedure
Article 9
Access method
1. Access to documents is done in the following ways:
Article 11
Reply to application
It is the responsibility of the competent member of the Government or the leader
maximum of the service or entity, or to whom they delegate,
within 10 working days, respond to requests
presented under the terms of the previous article, being able to:
a) Outright reject the request, pursuant to paragraph 2 of the
previous article;
a) Free consultation at the place where the
documents;
b) Invite the applicant to improve the application, due to lack of
clarity of the document or identification of the document;
b) Photocopy, in a copy, or any other means
technician that allows the reproduction of the document;
c) Authorize access, by issuing a certificate,
reproduction of the document or stamping the date, time and
place for consultation;
c) Issuance of Certificate.
2. The reproduction or issuance of a certificate must guarantee the
intelligibility of the document.
3. The entities holding the documents may charge
administrative charges for reproduction or broadcasting
of certificates, whose value is not disproportionate to the
costs incurred by the services and does not exceed the value
average practiced by the corresponding service.
4. The value of administrative charges for the services
integrated into the State's Direct and Indirect Administration is
defined by Government Diploma.
d) Recusar o acesso ao documento, explicitando os fundamentos da mesma, nos termos do presente decreto-lei.
Artigo 12.º
Reutilização de documentos
1. A reutilização de documentos está sujeita a autorização
expressa das entidades referidas no artigo 1.º, aplicandose com as necessárias adaptações os artigos 9.º a 11.º do
presente diploma.
5. Os encargos administrativos devem ser afixados em local
acessível ao público.
2. Os documentos cujo acesso foi autorizado nos termos do
presente diploma podem ser reutilizados para fins diferentes
do serviço público, sem prejuízo da obrigação de manter o
sentido e a informação contida nos mesmos e da menção
da fonte e com respeito pela proteção dos dados pessoais
e reserva da vida privada.
Artigo 10.º
Requerimento de acesso
3. Não são objeto de reutilização os documentos que estejam
abrangidos por direitos de autor ou direitos conexos.
1. Todos os interessados, sem necessidade de invocar
qualquer interesse, devem dirigir um requerimento, por
Série I, N.° 40 A
4.
Os documentos nominativos só podem ser reutilizados
com autorização do titular.
Sexta-Feira, 14 de Outubro de 2016
Página 18
​Jornal da República
vada, incluindo dados de saúde, deve ser expressamente
autorizada pelas pessoas a que a informação reporta.
Artigo 13.º
Responsável
Cada entidade referida no artigo 1.º deve designar um
responsável para monitorizar e avaliar o cumprimento do regime
previsto no presente diploma.
Capítulo IV
Contra-Ordenações
Artigo 14.º
Contra-Ordenações
1- Constitui contra-ordenação a prática dos seguintes atos:
a) A reutilização dos documentos confidenciais sem a
autorização prevista no n.º 2 do artigo 7.º;
b) A reutilização dos documentos sem a autorização
prevista nos n.ºs 5 e 6 do artigo 8.º;
c) A reutilização dos documentos sem a apresentação do
requerimento nos termos do n.º 1 do artigo 10.º;
d) A reutilização dos documentos sem a observância das
restantes condições de reutilização definidas no artigo
12.º;
e) A recolha de informação de dados pessoais e da vida
privada, sem respeito pelo artigo 16.º.
2- As infracções previstas nas alíneas a), b) e e) do número
anterior são puníveis com as seguintes coimas:
a) De $ 300,00 (trezentos dólares) a $ 5.000,00 (cinco mil
dólares) tratando-se de pessoas singulares;
b) De $ 700,00 (setecentos dólares) a $ 30.000,00 (trinta mil
dólares), tratando-se de pessoa coletiva;
3- As infracções previstas nas alíneas c) e d) do n.º 1 são
puníveis com as seguintes coimas:
a) De $ 50,00 (cinquenta dólares) a $ 2.500,00 (dois mil e
quinhentos dólares), tratando-se de pessoas
singulares;
b) De $ 300 (trezentos dólares)a $ 15. 000,00 (quinze mil
dólares), tratando-se de pessoa coletiva.
Artigo 15.º
Aplicação e produto das coimas
2. A informação apenas pode ser recolhida por profissionais
devidamente autorizados e certificados para o efeito.
3. A informação recolhida é confidencial, não podendo os
dados recolhidos ser discriminadamente inseridos em
quaisquer publicações ou fornecidas a quaisquer pessoas
ou entidades, nem deles pode ser passada certidão.
4. O dever de confidencialidade referido no número anterior
vincula todos os intervenientes no processo de recolha,
processo e arquivo dos dados.
5. Os dados individuais não podem ser divulgados sem
consentimento expresso, por escrito, das pessoas a que
dizem respeito e a comunicação de dados é feita por
intermédio de profissional autorizado ou certificado se o
requerente o solicitar.
6. Os dados previstos nos termos do presente artigo só podem
ser acedidos pela pessoa a que a informação se reporta e
os profissionais devidamente autorizados e certificados
para o efeito.
Artigo 17.º
Segurança de Arquivo
1. O arquivo físico ou digital dos documentos oficiais deve
salvaguardar a segurança e proteção dos mesmos, nos
termos de regulamentação a aprovar.
2. O suporte físico dos documentos confidenciais são
arquivados em local que esteja vedado ao acesso ao público
e a pessoas do serviço que não estejam autorizadas a aceder
aos mesmos.
Artigo 18.º
Sigilo
1. Os titulares dos cargos políticos ou quem se encontre no
exercício de funções públicas e quaisquer outras pessoas
que, em razão das suas funções, tenham acesso a documentos ou informações confidenciais, ficam obrigados ao dever
de sigilo, bem como a cumprir todas as medidas e normas
de proteção estabelecidas em matéria de documentos
oficiais.
2. O incumprimento do disposto no número anterior dá lugar,
nos termos da lei, a responsabilidade civil, disciplinar e
criminal.
1- A instrução e aplicação do processo de contra-ordenação
compete aos serviços competentes das entidades referidas
no artigo 1.º, que tenha tido conhecimento da infracção.
2- O produto das coimas reverte para os cofres do Estado.
Capítulo V
Disposições finais
Artigo 19.º
Garantias
Os atos de recusa de acesso a documentos oficiais de natureza
confidencial são objeto de recurso hierárquico e judicial nos
termos da lei.
Artigo 20.º
Regulamentação
Artigo 16.º
Recolha e acesso a dados pessoais e da vida privada
1. A recolha de informação de dados pessoais e da vida priSérie I, N.° 40 A
As regras de elaboração de documentos oficiais são aprovadas
por Decreto do Governo.
Sexta-Feira, 14 de Outubro de 2016
Página 19
​Jornal da República
Artigo 21.º
Entrada em Vigor
O presente Decreto-Lei entra em vigor no dia seguinte ao da
sua publicação.
Aprovado em Conselho de Ministros em 2 de Agosto de 2016.
O Primeiro-Ministro,
____________________
Dr. Rui Maria de Araújo
Promulgado em 13 - 10 - 2016
Publique-se.
O Presidente da República,
_______________
Taur Matan Ruak
Série I, N.° 40 A
Sexta-Feira, 14 de Outubro de 2016
Página 20

