Regulations

Posted: 26-05-2010 15:09

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DEMOCRATIC REPUBLIC OF TIMOR-LESTE

MINISTRY OF THE TOURISM, TRADE AND INDUSTRY
Cabinet of the Minister

 

A.  LIST OF APPROVED AND PUBLISHED DIPLOMAS IN FORCE - 2008

1.       Ministerial Diploma n. º 1/2008, published in the (Jornal da República) J.R. of 6 of February, on measures of provisory licensing in order to prevent delays to companies start their activities. Vide Ranking of the World Bank “Doing business” where East Timor went up of penultimate place (177) for 100 and in the heading “to start a business” went up 25 places. It also includes 2 “Instructions of Application”, 1 intern and another public.

2.       Organic Law of the MTCI, approved by the Council of Ministers (CoM) of 5 of March and published in June - DL n. º 7/2008

3.       Organic of the Inspecção Alimentar and Económica – IAE (Food and economy Inspection). Decree n.º 11/2008 of 11 of June.

The Council of Ministers (CoM) approved in 9 of April the organic structure of the Inspecção Alimentar and Económica (IAE). Defines the structure of the services that compose the IAE, endowing them with the necessary abilities to promote its mission that, in general, aims at the defense of the citizen, of the consumer and healthy market competition.

4.       Organic of Inspecção-Geral de Jogos (Social Gambling Inspection) publish trough the Decree n.º 11/2008 of 11 of June.

The CoM approved the Structure of Inspeccao Geral de Jogos (IGJ), a service endowed with administrative and technical autonomy and, under the supervision of the Minister of the Tourism, Commerce and Industry. Its mission is to assure the definition and execution disciplinarian of the governmental politics in the domain of the exploration of the recreational and social games.

5.       Legislative Package on intervention in the market on public supply of essential goods.

The CoM approved, in 25 of June, the following diplomas :

5.1.        Government Resolution nr. 20/2008, 13 of August - on the politics of intervention in the market and subsidies to essential the alimentary goods, of destined the public works and civil construction.

5.2.        Decree-law, on the principles, basic conditions, sanctions, financing and other rules and respective substantive limits, including the creation of one “food reserve”. Decree-law n.º 28/2008, of 13 of August.

5.3.        Decree that constitutes the procedural Regulation, detailed, of all the 3 different procedures: essential alimentary goods; destined the public works and civil construction and of fuels of public transports. It includes control on logistics documents. Decree nr. 13/2008.

 

B. OTHER DRAFT LAW PROPOSALS APPROVED AT THE COUNCIL OF MINISTERS

6.       Regulation of the recreation and social games (Decree-law proposal)

This project, has two essential objectives: to discipline the recreation games, namely lotteries and similar, that actually illegally exists but contribute nothing to the Society; on the other hand, gambling can serve as a  façade to illicit money laundering and other illicit activities and, finally, to redistribute profits for the needed population. It articulates with the Gambling Inspection-General action. This games and Regulation have anything to do with casinos activities.

 

7.       Regulation of the restaurants and similar establishments (Decree-law proposal)

It prescribes a clear response to the necessity of the activity of these establishments, aiming at the defense of the consumer and the alimentary quality, intent the ambient concerns of hygiene and, in this last aspect with particular emphasis for the beaches. It will come to institute the figures of the classification for categories of some types of establishments, as well as instituting the obligatory book of claims. It still aims at to strengthen the confirmation of the legitimacy of the headings of property, lease and ownership of lands and the constructions of the tourist establishments, in particular the situated in beach zones.

 

8.       Regulation of the licensing, commercialization and quality of the potable water (Decree-law proposal) It prescribes necessity of the activities of extraction, treatment and commercialization of water, aiming at essentially the defense of the consumer and the alimentary quality on health, constitutionally established.

It still aims at to take care of to the concerns of hygiene, health and ambient, of the more essential alimentary good that it is the water.

Ministerial Diploma creating the compulsory visibility of the respective prices to all the consumers, in order to better transparency and information. All retailers as well as gas stations, pharmacies and hotels are to indicate all the prices on their goods or services.

 

Dili, July 1^st,2008

The Minister of the Tourism, Commerce and Industry,

Gil da Costa Alves

 

 

 

EXECUTIVE ORDER N.º 10 /2008

 

of 11 of June

 

IT APPROVES THE STRUCTURE OF THE INSPECÇÃO-GERAL OF GAMES

 

Considering that the Decree n.º 17/2008, of 4 of June that approved organic of the Ministry of the Tourism, the Commerce and Industry, it created Inspecção-Generality de Jogos, operational service endowed with autonomy administrative technique and, foreseeing and decreeing that its organic one would be objecto of proper diploma;

 

It fits to the Ministry of the Tourism, Commerce and Industry, to present the structure of the services compose that it, endowing them with the necessary abilities to the prossecução of the missions established in the related diploma, aiming at essentially the regulation, fiscalization and supervision of the activities of game.

Thus,

The Government decrees, protected from the foreseen one in the Decree N.º 7/2007 of 5 of September of 2007, that it establishes the Organic one of IV the Constitutional Government of the Democratic Republic of Timor-East, and of the Decree n.º 17/2008, of 4 of June, that approved estrututa organic of the Ministry Tourism, Commerce and Industry, for real as regulation, the following one:

CHAPTER I

GENERAL DISPOSALS

Article 1.º

Nature and mission of Inspecção-Generality de Jogos

Inspecção-Generality de Jogos, ahead assigned for IGJ, is a service endowed with autonomy administrative technique and, under the guardianship and supervision of the Minister of the Tourism, Commerce and Indústria (MTCI), whose mission is to assure the definition and execution disciplinarian of the governmental politics in the domínios of the exploration of the recreativos and social games, of authorized richness or bad luck and other games, including the appositive mutual and you would crowd, as well as of the afectos places to the exploration of the same ones.

Article 2.º

Attributions

They are attributions of the IGJ:

a)      To collaborate in the definition, coordination and execution of the económica politics of the exploration of the recreativos, social games and of richness or bad luck, as well as of other authorized games, and of the afectos places to the exploration of the same ones;

b)      To fiscalize, to supervise and to monitorizar the activity of the concessionaires, appointedly how much to the fulfilment of the legal, prescribed and contractual obligations;

c)       To supervise and to monitorizar the idoneousness and the financial capacity of the concessionaires and the too much people related with the activity foreseen in the law;

d)      To participate in the process of authorization and classification of the places and enclosures for the exploration of games;

e)      To all authorize and to certify the afectos equipment, instruments, machines and utensílos for the concessionaires to the exploration of the respective concessions;

f)       To instruct the processes and to consider to the Minister of the guardianship the licensing of the activity of promotion of games of recreativos, social, of authorized richness or bad luck or and other games;

g)      To appreciate and to sancionar with applicable observance of the substantive and procedural legislation, the practiced administrative infractions;

h)      To play, for determination of the Minister of the Tourism, Commerce and Industry or for legal determination, any tasks not understood in the previous alíneas, but that for its nature, if they fit in the general scope of its attributions.

Article 3.º

Structure

1.       The IGJ is directed by Inspector-Generality of the Games that if reports to the Minister or another member of the Government where the Minister to delegate and is coadjuvado by Subinspector-Generality of the Games, structuralizing itself in the following organic units:

a.       Unit of Inspecção de Jogos Recreativos and Richness or Bad luck;

b.      Unit of Inspecção de Mutual Apostas and You would crowd;

c.       Unit of Applied Auditorship;

d.      Administrative, Financial unit and of Specialized Computer science;

e.      Cabinet of Legal Support.

2.       Inspector-Generality of the Games and Subinspector-Generality of the Games of the IGJ are, for wage effect, equalized Director-Generality and the National Director, respectively.

 

Article 4.º

Abilities of Inspector-Generality of the Games

They are attributions of Inspector-Generality of the Games:

a.       To direct and to co-ordinate the global activity of the IGJ and to assure the necessary supervision, inspecção and fiscalization of the organic units;

b.      To emit service instructions, nominated through circular, or to approve the norms or instructions to observe for the service;

c.       To emit pertinent instructions to the fulfilment of the law and contracts of concession and to the good performance of the attributions related in the article 2.º;

d.      To represent the IGJ next to any entities;

e.      To exert the abilities that will be delegated to it or subdelegate and others that for law or regulation are committed to it;

f.        To consider the emission, suspension or revocation of the licenses of promotion of the recreativos, social games, of authorized richness or bad luck and other games, of the appositive mutual and its modalities offered to the public;

g.       To apply the sanctions foreseen in the general regimen of the administrative infractions and too much legislation.