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Legislative Update | May - August

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The present edition aims at presenting the legal diplomas approved from May to August 2023 in Mozambique, in accordance with its hierarchical organization and sector of incidence.

 

LAWS

 

LABOUR SECTOR

Law no. 13/2023 of 25 August (Official Gazette No. 165, Series I) – approves the new Labour Law and revokes Law no. 23/2007 of 1 August.

Entry into force: 25 February, 2024.

ELECTORAL SECTOR

Law no. 11/2023 of 23 August (Official Gazette No. 163, Series I) – amends number 3 of article 311 of the Constitution of the Republic of 2004, as amended by Law no. 1/2018, of 12 June.

Entry into force: 23 August, 2023.

 

FINANCIAL SECTOR

Law no. 08/2023 of 09 June (Official Gazette  No. 111, Series I) – establishes the legal regime, bases and general principles applicable to the realization of private investments in the Republic of Mozambique and eligible for the enjoyment of tax and non-fiscal guarantees and incentives and revokes Law no. 3/93, of 24 June.

Entry into force: 9 September, 2023.

 

PUBLIC ADMINISTRATION SECTOR

 

Law no. 07/2023 of 09 June (Official Gazette  No. 111, Series I) –  amends articles 5, 15, 17 and Annexes III and IV of Law no. 5/2022, of 14 February, amended and republished by Law no. 14/2022, of 10 October, which defines the rules and criteria for the establishment of remuneration of public servants,  of the holders and members of the organs of the administration of justice and approves the Single Salary Table (TSU).

Entry into force: : 9 June, 2023.

 

Law no. 10/2023 of 21 July (Official Gazette  No. 140, Series I) –  revises Law no. 7/2006, of 16 August, which approves the statute, powers and operating procedure of the Ombudsman and revokes Law no. 7/2006, of 16 August.

Entry into force: : 21 January, 2024.

 

Decree -LAW

 

REGISTRIES AND NOTARIES SECTOR

 

Decree - Law no. 1/2023 of 18 August (Official Gazette  No. 160, Series I) - amends article 3 of the Notary Code, approved by Decree-Law no. 4/2006, of 23 August. 

Entry into force: : 18 August, 2023.

 

Degrees

 

PUBLIC ADMINISTRATION SECTOR

 

Decree no. 31/2023 of 30 May (Official Gazette No. 103, Series I) – approves the Regulation of Management of Seized Assets and Administrative Procedures of the Asset Management Office.

Entry into force: : 30 May, 2023.

 

Decree no. 32/2023 of 08 June (Official Gazette No. 110, Series I) –  amends articles 4, 13, 16, 18, 19, 20, 21, 25, 27, 45, 47, 75, 92, 93, 94, 130, 133, 137, 140, 186 and 187 of the Regulation of the General Statute of Officials and Agents of the State.

Entry into force: : 8 June, 2023.

 

Decree no. 42/2023 of 18 July (Official Gazette  No. 137, Series I) – approves the Regulation of Fees for the services provided by the Institute for the Promotion of Small and Medium Companies (IPEME, IP) to Micro, Small and Medium Companies (MPME´s).

Entry into force: : 18 July, 2023.

 

Decree no. 46/2023 of 03 August (Official Gazette No. 149, Series I) – amends articles 26, 28, 29, 30 and 49 and annex 4 of the Dam Safety Regulation, approved by Decree number 33/2017, of 19 July.

Entry into force: : 3 August, 2023.

 

Decree no. 49/2023 of 21 August (Official Gazette  No.161, Series I) –  revises the Statute of the Gaming Revenue Fund (FURJOGO) and repeals the Statute of the Gaming Revenue Fund, approved by Decree no. 13/2000, of 23 May.

Entry into force: : 21 August, 2023.

 

ENERGY SECTOR

 

Decree no. 48/2023 of 15 August (Official Gazette  No.157, Series I) – approves the Regulation of Licensing and Supervision of Radioactive Installations and Sources of Ionizing Radiation.

Entry into force: : 15 August, 2023.

 

SOCIAL SECURITY SECTOR

 

Decree no. 33/2023 of 8 June (Official Gazette No. 110, Series I) – approves the Regulation of the Law of the Compulsory Social Security System of State Employees, abbreviated as RLESSSOFE.

Entry into force: : 8 June, 2023.

 

TELECOMMUNICATIONS SECTOR

 

Decree no. 38/2023 of 8 June (Official Gazette  No.110, Series I) – approves the Telecommunications Traffic Control Regulation and revokes Decree no. 75/2014, of 12 December.

Entry into force: : 8 June, 2023.

 

HEALTH SECTOR

 

Decree no. 19/2023 of 02 May (Official Gazette  No.83, Series I) – approves the Regulation for the marketing authorization of health products, herbal and homeopathic medicines.

Entry into force: : 2 May, 2023.

 

Decree no. 20/2023 of 03 May (Official Gazette No.84, Series I) – approves the regulation of the Pharmaceutical Inspection.

Entry into force: : 3 May, 2023.

 

TAX/CUSTOMS SECTOR

 

Decree no. 36/2023 of 27 June (Official Gazette  No. 122, Series I) – approves the Regulation of the Code of Excise Duty and revokes Decree no. 75/2019, of 16 September.

Entry into force: : 27 June, 2023.

 

Decree no. 37/2023 of 29 June (Official Gazette  No. 124, Series I) – approves the general rules of customs clearance and revokes Decree no. 9/2017, and Decree no. 70/2022 of 28 December.

Entry into force: : 29 June, 2023.

 

PUBLIC FINANCE

 

Decree no. 41/2023 of 07 July (Official Gazette  No. 130, Series I) –  revises the regime of consignment of revenues provided for in Decree no. 3/2009, of 23 March, concerning the consignment of the value of HCB's concession fee and revokes Decree no. 3/2009, of 23 March.

Entry into force: : 7 June, 2023.

 

Resolutions

PUBLIC FINANCE SECTOR

 

Resolution no. 22/2023 of 27 July (Official Gazette  No. 144, Series I) – approves the Medium-Term Fiscal Scenario (CFMP) 2024-2026.

Entry into force: : 27 July, 2023.

PUBLIC INTERNATIONAL SECTOR

 

Resolution no. 20/2023 of 03 July (Official Gazette  No. 126, Series I) –  concerning the accession of the Republic of Mozambique to the Insurance Agency for Trade in Africa.

 

Resolution no. 25/2023 of 07 August (Official Gazette  No. 151, Series I) – ratifies the Agreement on Social Security between the Republic of Mozambique and the Federative Republic of Brazil, signed on 11 May 2017 in Maputo.

 

Resolution no. 26/2023 of 14 August (Official Gazette  No. 156, Series I) –  concerning the accession of the Republic of Mozambique to the Constitution and Convention of the African Telecommunication Union adopted by the Ordinary Session in Cape Town, South Africa, in 1999, and revised in 2014, in Harare, Zimbabwe.

 

Supreme Court Orders

 

JUDICIAL ORGANIZATION

Order of the Supreme Court of 09 August 2023 (Official Gazette  No. 153, Series I) – creates the criminal investigation section in the Judicial Court of the District of Cuamba, Niassa Province.

Entry into force: : 9 August, 2023.

Order of the Supreme Court of 10 August 2023 (Official Gazette  No. 154, Series I) – establishes the creation and entry into operation of the 4th section in the Superior Court of Appeal of Nampula; the 1st appeal section in the Judicial Court of Manica Province; the 6th and 7th sections in the Judicial Court of Manica Province; the 5th section in the Judicial Court of the City of Chimoio, Manica Province and the 2nd section in the Judicial Court of the District of Sussundenga, Manica Province.

Entry into force: 10 August, 2023.

 

Ministerial diplomas

MINING SECTOR

 

Ministerial Diploma no. 91/2023 of 16 June (Official Gazette  No.116, Series I) – approves the Regulation of the Reference Price, for the purpose of determining the value of the mining product.

Entry into force: : 16 June, 2023.

 

PUBLIC FINANCE SECTOR

 

Ministerial Diploma no. 54/2023 of 05 May (Official Gazette  No.86, Series I) – approves the regulation of the Financial Programming Committee, abbreviated as CPF.

Entry into force: : 5 May, 2023.

 

ENERGY SECTOR

Ministerial Diploma no. 68/2023 of 31 May (Official Gazette  No. 104, Series I) – approves the Regulation for the allocation of concessions for mini-networks.

Entry into force: : 31 May, 2023.

Ministerial Diploma no. 84/2023 of 07 June (Official Gazette  No,109, Series I) – approves the model of certificate of Registration of Energy Services Provider.

Entry into force: : 7 June, 2023.

FISHERIES SECTOR

Ministerial Diploma no. 83/2023 of 06 June (Official Gazette  No. 108, Series I) – approves the legal regime for the establishment of a fishing area under Community management.

Entry into force: : 6 June, 2023.

 

Ministerial Diploma no. 97/2023 of 11 July (Official Gazette  No.132, Series I) – approves the specific rules for the health certification of fishery products and aquatic animal feed and revokes Ministerial Diploma no. 135/2011, of 27 May.

Entry into force: : 11 July, 2023.

 

Ministerial Diploma no. 100/2023 of 25 July (Official Gazette  No.142, Series I) – updates the fishing license fees of the tuna fishery applicable to the national fleet with Base Port abroad and to the foreign fleet with Base Port abroad that operates in the jurisdictional waters of Mozambique.

Entry into force: : 25 July, 2023.

TAX SECTOR

Ministerial Diploma no. 98/2023 of 14 July (Official Gazette  No.135, Series I) – establishes the taxes on the products to be exported to Mozambique, within the scope of the implementation of the Conformity Assessment Program (PAC).

Entry into force: : 14 July, 2023.

 

Ministerial Diploma no. 99/2023 of 24 July (Official Gazette  No.141, I Série) – revises the basic values that determine the components for the calculation of the Private Use Fee of the National Maritime Space and revokes the Order of 16 October 2020.

Entry into force: : 24 July, 2023.

NOTICES

PUBLIC FINANCE SECTOR

 

Notice no. 02/GBM/2023 of 16 June (Official Gazette  No.116, Series I) – establishes the regime of Repatriation and Conversion of Revenues from Re-export of Petroleum Products.

Entry into force: : 16 June, 2023.

 

Notice no. 03/GBM/2023 of 10 August (Official Gazette  No.154, Series I) – approves the regulation for the exercise of the activity of Non-Banking Agent.

Entry into force: : 10 August, 2023.

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