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Legislative Update

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The present edition aims at presenting the legal diplomas approved from July to September 2022 in Mozambique, respecting a hierarchical organization and discriminated taking into account the sector of incidence.

LEGISLATION RELATING TO COVID-19

Decree No. 44/2022 of 1 September (Boletim da República No. 170, Series I) - adjusts measures to contain the spread of the Covid-19 pandemic and revokes Decree No. 14/2022 of 20 April.

Date of entry into force: 02 September 2022.

LAWS

JUSTICE SECTOR

Law no. 10/2022 of 07 July (Boletim da República no. 130, Series I) - regarding the revision of Law no. 5/96 of 12 August, which approves the organisation, composition, operation and competencies of the Maritime Courts and revokes law no. 5/96 of 04 January.

Date of entry into force: 07 October 2022.

 

Law No. 11/2022 of 07 July (Boletim da República No. 130, Series I) - revises Law No. 14/2013 of 12 August, Law on preventing and combating money laundering and financing of terrorism.

Date of entry into force: 07 August 2022.

 

Law No. 13/2022 of 08 July (Boletim da República No. 131, Series I) - establishes the Legal Regime for the Prevention, Suppression and Combat of Terrorism and Proliferation of Weapons of Mass Destruction and revokes Law No. 5/2018 of 2 August.

Date of entry into force: 23 July 2022.

ENERGY SECTOR

Law No 12/2022 of 11 July (Boletim da República No 132, Series I) –  approves the Electricity Law and revokes Law No 21/97 of 1 October.

Date of entry into force: 11 October 2022.

 
 

DECREES

GOVERNMENT SECTOR

Decree No. 31/2022 of 13 July (Boletim da República No. 134, Series I) – defines the regime and amounts of supplements for civil servants, holders or members of public bodies and holders and members of the bodies of the Administration of Justice.

Date of entry into force: 01 July 2022.

Decree No. 32/2022 of 13 July (Boletim da República No. 134, Series I) - defines the system and the amounts of the wage levels and steps of the Single Wage Table.

Date of entry into force: 01 July 2022.

Decree No. 35/2022 of 22 July (Boletim da República No. 141, Series I) - adjusts the attributions, competences, autonomy, budgetary regime, organisation and operation of the National Institute of Electronic Government, created by Decree No. 61/2017 of 6 November and revokes Decree No. 61/2017 of 6 November, with the exception of Article 1 which creates INAGE.

Date of entry into force: 22 July 2022.

Decree No. 36/2022 of 28 July (Boletim da República No. 145, Series I) - approves the regulations on shows and public entertainment, and revokes Decree No. 23/2012 of 9 July.

Date of entry into force: 28 July 2022.

 

Decree No. 37/2022 of 02 August (Boletim da República No. 148, Series I) – merges the company Hidráulica de Chóckwè, Empresa Pública, into the company Regadio do Baixo Limpopo, Empresa Pública, abbreviated to HICEP and RBL, E.P., respectively. 

Date of entry into force: 02 August 2022.

 

Presidential Decree No. 16/2022 of 18 August (Boletim da República No. 160, Series I) – approves the Organic Statute of the Presidency of the Republic, and revokes Presidential Decree No. 4/2015 of 20 January.

Date of entry into force: 02 September 2022.

 

Decree No. 43/2022 of 19 August (Boletim da República No. 161, Series I) – amends articles 5, 10 and 18 of the Regulation on the Mechanisms and Procedures for Contracting Citizens with Foreign Nationality, approved by Decree No. 37/2016 of 31 August.

Date of entry into force: 19 August 2022.

 

Decree No. 46/2022 of 16 September (Boletim da República No. 180, Series I) - amends articles 17, 18 and 21 of Decree No. 108/2014 of 31 December approving the Regulations of Law No. 5/93 (Establishes the legal regime of foreign citizens) of 28 December, as amended by Decree No. 3/2017 of 22 February and revokes Decree No. 3/2017 of 22 February.

Date of entry into force: 16 September 2022.

 

Decree No. 47/2022 of 29 September (Boletim da República No. 188, Series I) - creates the Mozambique-China Cultural Centre, Public Institute.

Date of entry into force: 29 September 2022.

 

SOCIAL SECURITY SECTOR 
 

Decree no. 42/2022 of 17 August (Boletim da República no. 159, Series I) - regarding the concession of the pardon of fines and reduction of interest on arrears of the debit taxpayers of the Obligatory Social Security System within the mitigation of the effects of terrorism in Cabo Delgado Province.

Date of entry into force: 17 August 2022

 

HEALTHCARE SECTOR

Decree No. 34/2022 of 19 July (Boletim da República No. 138, Series I) - redefines the nature, powers and competencies of the Central Office of Medicines and Medical Articles, created by Decree No. 13/75 of 6 September.

Date of entry into force: 19 July 2022.

 

SECTOR COMERCIAL

Decree-Law No 1/2022 of 25 May (Boletim da República No 99, Series I) - approves the Commercial Code.

Date of entry into force: 22 September 2022.

 

Decree-Law No 1/2022 of 25 May (Boletim da República No 99, Series I) - approves the legal system for commercial contracts.

Date of entry into force: 22 September 2022.

 

FINANCIAL SECTOR
 

Decree-Law No 2/2022 of 25 May (Boletim da República No 99, Series I) - approves the legal system governing credit securities.

Date of entry into force: 22 September 2022.

 

JUDICIAL ORGANISATION

Decree No. 38/2022 of 4 August (Boletim da República No. 150, Series I) - creates the Infulene District Court in Maputo Province.

Date of entry into force: 04 August 2022.
 

RESOLUTIONS

GOVERNMENT SECTOR

Resolution number 31/2022, of 03 August (Boletim da República nº149, I Série) - approves the Programme for Resilience and Integrated Development of Northern Mozambique, abbreviated as "PREDIN".

Date of entry into force: 03 August 2022.

JUSTICE SECTOR

 

Resolution number 9/TS/CJ/2021 of 2 December (Boletim da República no. 126, Series I) - approves the Regulation of the Courts Magazine.

Date of entry into force: 01 July 2022.

Resolution number 1_BR/CA/INCM/2022 of 05 July (Boletim da República nº128, I Série) - approves the procedures of coordination and action for combating detected or reported frauds.

Date of entry into force: 5 July 2022.
 

Resolution number 1/CJ/2022 of 09 August (Boletim da República nº153, I Série) - changes Resolution number 1/CJ/2021, of 02 December, which approves the Internal Regulation of the Supreme Court, Superior Courts of Appeal, Provincial and District Judicial Courts, Labour Courts, Police Court and Juvenile Court.

 

PUBLIC FINANCE SECTOR

Resolution number 32/2022, of 04 August (Boletim da República nº150, I Series) - approves the Medium-Term Strategy for Public Debt Management 2022-20025.

Date of entry into force: 04 August 2022.

Resolution number 35/2022, of 11 August (Boletim da República nº155, I Série) - approves the Financial Protection Plan against Disasters 2022-2027.

Date of entry into force: 11 August 2022.

Resolution number 39/2022, of 01 September (Boletim da República nº170, I Série) - ratifies the financing agreement in donation E105-MZ, signed between the Government of the Republic of Mozambique and the International Development Association (IDA), equivalent to USD 300,000,000.00, which is intended to finance the Institutional Development and Economic Transformation Policy.

PUBLIC INTERNATIONAL SECTOR
 

Resolution number 38/2022, of 19 August (Boletim da República nº161, I Série) - ratifies the amendment to the Convention on the Physical Protection of Nuclear Material.

Date of entry into force: 19 August 2022.

MARITIME SECTOR

Resolution number 15/2022, of 19 September (Boletim da República nº181, I Series) - approves the Organic Statute of the National Sea Institute, IP

Date of entry into force: 19 September 2022.

TRANSPORT SECTOR

Resolution number 16/2022, of 23 September (Boletim da República nº185, I Series) - approves the Organic Statute of the Maritime Transport Institute.

Date of entry into force: 23 September 2022.

WAIVERS

FINANCIAL SECTOR

 

Order of the Financial Intelligence Office of Mozambique of 27 September 2022 (Boletim da República No. 186, Series I) - approves the guidelines and directives for the prevention and fight against money laundering and financing of terrorism in the real estate sector.

Date of entry into force: 27 October 2022.

JUDICIAL ORGANISATION

Supreme Court Order dated 20 July 2022 (Boletim da República nº146, I Série) - creates the 1st, 2nd, 3rd, 4th, 5th, 6th and 7th Sections at the Infulene District Court in Maputo Province. It specializes the 1st and 2nd Sections in civil matters, the 3rd Section in Family and Juvenile matters, and the 4th, 5th, 6th and 7th in criminal matters.

Date of entry into force: 20 July 2022.

 

MINISTERIAL DECREES

JUSTICE SECTOR

Ministerial Diploma n.º 80/2022 of 18 July (Boletim da República n.º137, I Série) - approves the Classification Plan and the Temporality Table for documents of the final activities of the Administrative Court.

TRANSPORT SECTOR

Ministerial Diploma n.º 80/2022 of 18 July (Boletim da República n.º137, I Série) - approves the Classification Plan and the Temporality Table for documents of the final activities of the Administrative Court.

Date of entry into force: 20 January 2023.

 

Ministerial Decree No. 85/2022 of 27 July (Boletim da República No. 144, Series I) - approves the internal regulations of the Ministry of Transport and Communications.

Date of entry into force: 27 July 2022.

 

FINANCE-PUBLIC SECTOR

Ministerial Order No. 83/2022 of 25 July (Boletim da República No. 142, Series I) - amends articles 26 and 31 of the Manual of Financial Administration and Accounting Procedures approved by Ministerial Order No. 181/2013 of 14 October.

Date of entry into force: 25 July 2022.

Ministerial Diploma No. 104/2022 of 22 September (Boletim da República No. 184, Series I) - creates the coordination and implementation bodies for the Public Resource Management for the Provision of Public Services project, abbreviated to "GEPRES".

Date of entry into force: 22 September 2022.

ENVIRONMENTAL SECTOR

Ministerial Decree No. 90/2022 of 15 August (Boletim da República No. 157, Series I) - creates the Commission for the Revision of National Environmental Policy and the respective framework law called "CRPLA" and approves its Rules of Procedure.

Date of entry into force: 15 August 2022.

ENERGY SECTOR

Ministerial Diploma No. 92/2022 of 22 August (Boletim da República No. 162, Series I) - approves the Internal Regulations of the Energy Fund, FUNAE, FP.

Date of entry into force: 22 August 2022.

Ministerial Decree no. 103/2022 of September 15 (Boletim da República no. 179, Series I) - approves the specifications for petroleum products marketable in Mozambique, and revokes Ministerial Decree no. 95/2018 of September 7.

Date of entry into force: 15 September 2022.

 

NOTICES

PUBLIC FINANCE SECTOR

Notice no. 3/GBM/2022 of 14 July (Boletim da República no. 135, Series I) - Amends articles 81 and 83 of Notice no. 20/GBM/2017, of 27 December.

Date of entry into force: 14 July 2022.

Notice No. 4/GBM/2022 of 14 July (Boletim da República No. 135, Series I) - Lays down the rules on the provision of information for the preparation of resolution plans.

Date of entry into force: 14 July 2022.

For further information, please contact us at maputo@jlaadvogados.com.

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