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Decree No. 5203, September 3 2004

Original Language Title: Decreto nº 5.203, de 3 de Setembro de 2004

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DECREE NO 5,203 OF September 3, 2004

Approves the Regimental Framework and the Demonstrative Framework of the Cargos in Commission and the Gratified Functions of the Ministry of Tourism, and gives other provider.

THE PRESIDENT OF THE REPUBLIC, in the use of the assignments conferring you the art. 84, incisos IV and VI, paragraph "a", of the Constitution,

DECRETA:

Art. 1º Stay approved the Regimental Structure and the Demonstrative Framework of the Cargos in Commission and the Gratified Functions of the Ministry of Tourism in the form of the Annexes I and II to this Decree.

Art. 2º As a result of the provisions of the art. 1st, stay remanded, in the form of Annex III to this Decree, the following posts in Committee of the Group-Direction and Superiors-DAS and Gratified Functions-FG:

I-from the Office of Management, Ministry of Planning, Budget and Management, to the Ministry of Tourism: two DAS 101.5 ; ten DAS 101.4 ; two DAS 101.3 ; two DAS 101.2 ; two DAS 102.4 ; three DAS 102.2 ; and four DAS 102.1 ; and

II-from the Ministry of Tourism to the Office of Management, Ministry of Planning, Budget and Management: three FG-3.

Art. 3º The apostillations arising from the approval of the Regimental Structure of which it treats the art. 1º, they should occur within twenty days, counted from the date of publication of this Decree.

Single Paragraph. After the apostillations provided for in the caput, the Minister of State for Tourism will make publication, in the Official Journal of the Union, within ninety days, counted from the date of publication of this Decree, nominal relationship of the holders of the posts in committee of the Group-Direction and Superior-DAS, as referred to in Annex II, indicating, inclusive, the number of vacant posts, their denomination and their level.

Art. 4º The internal regiment of the organs of the Ministry of Tourism shall be approved by the Minister of State for Tourism and published in the Official Journal of the Union, within ninety days, counted from the date of publication of this Decree.

Art. 5º This Decree shall enter into force on the date of its publication, producing effects from September 9, 2004.

Art. 6º It shall be repealed Decree No 4,653 of March 27, 2003.

Brasilia, September 3, 2004 ; 183º of Independence and 116º of the Republic.

LUIZ INACIO LULA DA SILVA

Guido Mantega

Walfrido Silvino of the Mares Guide Grandson

REGIMENTAL STRUCTURE OF THE MINISTRY OF TOURISM

CHAPTER I

OF NATURE AND COMPETENCE

Art. 1º The Ministry of Tourism, the body of the direct Federal Administration, has as a area of competence the following subjects:

I-national policy of development of tourism ;

II-promotion and dissemination of national tourism, in the Country and abroad ;

III-stimulation of public and private initiatives to encourage tourist activities ;

IV-planning, coordination, supervision and evaluation of plans and incentive programs for tourism ;

V-management of the General Tourism Fund ; and

VI-development of the Brazilian System of Certification and Classification of the activities, endeavors and equipment of the tourist service providers.

CHAPTER II

DA ORGANIZATIONAL STRUCTURE

Art. 2º The Ministry of Tourism has the following Organizational Framework:

I-bodies of direct and immediate assistance to the Minister of State:

a) Cabinet ;

b) General Secretariat: Undersecretion of Planning, Budget and Administration ; and

c) Legal Consulting ;

II-singular specific organs:

a) National Office of Tourism Policies:

1. Department of Planning and Assessment of Tourism ;

2. Department of Structuring, Articulation and Tourist Planning ;

3. Department of International Relations of Tourism ; and

4. Department of Promotion and National Marketing ;

b) National Secretariat of Tourism Development Programmes:

1. Department of Regional Tourism Development Programs ;

2. Department of Tourist Structure ;

3. Department of Financing and Promotion of Investments in Tourism ; and

4. Department of Qualification and Certification and Production Associated with Tourism ;

III-collegiate body: National Tourism Board-CNT ; and

IV-linked entity: autarchy Institute Brazilian Tourism-EMBRATUR.

CHAPTER III

DAS COMPETENCIES OF ORGANS

I Section

of the Direct and Immediate Care Bodies to the Minister of State

Art. 3º The Cabinet competes:

I-attend the Minister of State in his political and social representation, deal with public relations and the preparation and dispatch of his personal expediency ;

II-promote the articulation between the Ministry and the bodies that make up the Presidency of the Republic ;

III-arrange for the consultation of the consultations and the applications formulated by the National Congress and to monitor the progress of the projects, in tramway, of interest of the Ministry ;

IV-arrange for the official publication and dissemination of the matters relating to the Ministry's acting area ;

V-plan, coordinate, and supervise the development of the Ministry's social media activities ;

VI-to attend the Minister of State in his displacements within the national territory and abroad ;

VII-receive, register, answer and / or troubleshoot complaints, suggestions, praise and denunciations in defending the rights and interests of the users of the tourist services ;

VIII-to coordinate and develop activities, within the international framework, to assist the institutional performance of the Ministry, in articulation with the Ministry of Foreign Affairs and other bodies of the Public Administration ; and

IX-exercise other competences that are committed to it by the Minister of State.

Art. 4º To the Executive Officer shall compete:

I-attend the Minister of State in the supervision and coordination of the activities of the members of the Ministry and the municipality's structure tied to it ;

II-supervise and coordinate the execution of the activities of administrative organization and modernization, as well as those related to the federal planning and budget, financial administration systems, accounting, administration of information and information resources, civil and general service personnel within the Ministry ; and

III-aiding the Minister of State in the definition of the guidelines and implementation of the policies and actions of the Ministry's area of competence.

Single Paragraph. The Executive Officer shall, further, through the Subsecretariat of Planning, Budget and Administration, to it subordinate, the function of the sector organ of the Civil Personnel Systems of the Federal Administration-SIPEC, of Administration of Informatics and Informatics resources-SISP, General Services-SISG, Planning and Federal Budget, Federal Financial Administration, and Federal Accounting.

Art. 5º To Undersecretion of Planning, Budget and Administration competes:

I-plan, coordinate and supervise, within the Ministry, the implementation of the activities of administrative organization and modernization, as well as those related to the federal planning and budget systems, of financial administration, accounting, administration of information and informatics resources, civil and general service personnel ;

II-promote the articulation with the central bodies of the federal systems, referred to in the inciso I and inform and guide the organs and entity of the Ministry as to compliance with the established administrative standards ;

III-promote and coordinate the elaboration and consolidation of the plans and programs of the activities of their area of competence and subject them to the higher decision ;

IV-develop the budgetary, financial and accounting execution activities within the Ministry ;

V-analyse and evaluate the benefits of accounts, partial or final, as to their technical and financial aspects, proposing the introduction of special account takeover and other measures of their competence when the provision of accounts are not approved, after exauction of the cableable arrangements ; and

VI-carry out takeaways of the expense payers and too much responsible for public goods and values and of any one that gives cause for loss, extraction or other irregularity that results in damage to the eryary.

Art. 6º To Legal Consulting, the sector's sector of the Advocacy-General of the Union, competes:

I-advising the Minister of State on matters of a legal nature ;

II-exercise supervision of the activities of the legal body of the linked entity ;

III-fix the interpretation of the Constitution, the laws, the treaties and the other normative acts to be uniformly followed in their areas of acting and coordination, when there is no normative guidance of the Advocate General of the Union ;

IV-draw up studies and prepare information, on request of the Minister of State ;

V-attend the Minister of State in the internal control of administrative legality, of the acts by him practiced or already effective and of those coming from organs or entity under his coordination ;

VI-to examine, prior and conclusively, within the Ministry:

a) the texts of tender editions, as well as those of the respective contracts or congenial instruments, to be published and concluded ;

b) the acts by which it is going to recognize the unchargeability or decide the bidding dispensation ; and

c) proposals, studies, projects, bulkheads and minutes of normative acts of interest from the Ministry.

Section II

Of The Natural Specific Organs

Art. 7º To The National Office of Tourism Policies competes:

I-subsidize the formulation, elaboration and monitor the National Tourism Policy, in accordance with the proposed guidelines and the grants provided by the National Tourism Board ;

II-analyse and evaluate the execution of the National Tourism Policy ;

III-coordinate the elaboration and monitor the implementation of the National Tourism Plan ;

IV-design instruments and propose standards for the implementation of the National Tourism Policy ;

V-subsidizing the formulation, elaboration and evaluation of the Ministry's plans, programs and actions, necessary for the achievement of the National Tourism Policy ;

VI-design the guidelines for the formulation of studies, research, analyses and surveys for the formulation, implementation and evaluation of National Tourism Policy ;

VII-perform the functions of the Executive Officer of the National Tourism Board ;

VIII-orientar, monitor and supervise the implementation of the qualification projects of tourist services, structuring and diversification of tourism offer, and of encouraging tourism in the domestic market, comprising of disclosure of Brazilian tourist products on the national market ;

IX-guide the surveying and structuring of tourism indicators, with the purpose of monitoring the dynamics of the national and international tourism market and subsidizing the evaluation of the implementation of the Policy National Tourism ;

X-articular with national and international bodies and instances, aiming at the development of national tourism ;

XI-promote cooperation and articulation with the organs of the Federal, State, Federal and Municipal District Administration in projects of their initiatives that can contribute to the strengthening and development of tourism national ;

XII-promote cooperation and articulation with the forums, councils, consortiums and articulating entities of tourism in the state, regional and municipal fields ; and

XIII-articulate with the other government bodies and entities of the Public Administration in their programs, projects and actions that interact with the National Tourism Policy.

Art. 8º The Department for Planning and Assessment of Tourism competes:

I-plan, coordinate, monitor and evaluate the National Tourism Policy ;

II-coordinate the elaboration and evaluation of the National Tourism Plan ;

III-elaborating the instruments and standards intended for the implementation of the National Tourism Policy ;

IV-carry out studies, research, analysis and surveys of data and indicators necessary for the formulation, implementation and evaluation of National Tourism Policy ;

V-monitor the dynamics of the national and international tourism market with views to subsidise the formulation and evaluation of National Tourism Policy ;

VI-provide technical and administrative support to the National Tourism Board ; and

VII-monitor the decentralised management of the National Tourism Plan in the actions of the state, regional and municipal councils and forums.

Art. 9º To the Department of Structuring, Articulation and Tourist Planning competes:

I-coordinate, monitor supervising and articulating policies, plans, programs, projects and actions for the structuring and diversification of tourism offer ;

II-coordinate and exercise cooperation and articulation with the organs of the Federal, State Administration, Federal District, Municipal and non-governmental entities in projects and actions of surveillance, classification and enrollment of services and tourism ventures and of others that have interface with the Department's projects, programs and actions ;

III-supporting the planning of programs and projects within the framework of the Administration of States, Federal District, Municipalities and micro-regions that contribute to the strengthening and sustainable development of the activity touristic ;

IV-subsidizing the formulation and management of policies, plans, programs and projects for the planning and development of tourism and its segments within the local, regional, state and national scope, promoting the insertion of the social, environmental and cultural themed ;

V-subsidizing the formulation of policies, normative, regulatory and supervisory acts for the planning and qualification of tourist services and tourism activity in general ; and

VI-create and manage communication tools and mechanisms, establishing information networks and relationships to subsidize the deployment of the National Tourism Plan and strengthen the tourism activity.

Art. 10. To the Department of International Relations of Tourism competes:

I-support, plan, coordinate and monitor the conclusion of agreements and instruments of international technical cooperation ;

II-support, plan, coordinate and monitor the performance and participation of the Ministry of Tourism in international forums and bodies of interest of national tourism ;

III-support, plan, coordinate and monitor the Ministry's performance in the negotiation of bilateral, regional and multilateral trade agreements, with the purposes of strengthening national tourism on the international stage ;

IV-support, plan, coordinate and monitor the articulation with the other government bodies and institutions with acting on the international stage ; and

V-researching, prospecting and attracting new technologies, knowledge and opportunities in the international market.

Art. 11. To the Department of Promotion and National Marketing competes:

I-propose, support, plan, coordinate and monitor the actions and projects of marketing, promotion, advertisement and dissemination of Brazilian tourism in the national market ;

II-support, plan, coordinate and monitor the promotion and dissemination programs of Brazilian events and tourism products on the national market ;

III-support, plan, coordinate and monitor the promotion and dissemination of products associated with tourism in the national market ; and

IV-articulating and interacting with the other organs of the Federal Administration, in particular with the Office of Government Communication and Strategic Management, as set out in Decree No 4,799 of August 4, 2003.

Art. 12. The National Secretary of Tourism Development Programs competes:

I-subsidize the formulation of the plans, programs and actions aimed at the development and strengthening of national tourism, necessary for the achievement of the National Tourism Policy ;

II-subsidizing the formulation and monitoring the regional tourism development programmes and the promotion of the technical, institutional and financial support necessary to strengthen the implementation and participation of the States, the Federal District and Municipalities, in these programs ;

III-subsidizing the development of plans, projects and actions for caption and stimulus to national and international private investments, in accordance with the guidelines of the National Tourism Policy ;

IV-promote the cooperation and articulation of the instruments of the Public Administration for funding, support and promotion of tourism activity ;

V-regulate and support the certification of the activities, ventures and equipment of the service providers and to fix the assessment criteria of the compliance certification bodies ;

VI-support professional qualification and improvement of the quality of service provision for the tourist ;

VII-supporting the diversification of tourism offer by encouraging production associated with tourism ;

VIII-propose guidelines and priorities for implementation of the General Tourism Fund-FUNGETUR ; and

IX-orient, monitor and supervise the implementation of regional projects and programs of tourism development, empowerment, infrastructure, financing, and foster and caption of national investment and foreign to the tourism sector.

Art. 13. To the Department of Regional Tourism Development Programs competes:

I-co-ordinate the formulation, support and monitor regional tourism development programs, which aim to benefit local populations and the increment of income generated by national and international tourism ;

II-subsidize the formulation, coordinate, support and monitor the promotion of the technical, institutional and financial support necessary to strengthen the execution and participation of States, the Federal District and the Municipalities, in these programs ;

III-coordinate the formulation, support and monitor the appropriate institutional and financial structure for the implementation of the regional tourism development programmes ;

IV-coordinate the formulation, support and monitor the port of responsibility resources of the Ministry, in compliance with the guidelines and the funding matrix of each program ; and

V-coordinate and monitor the integration of the actions of your competence with EMBRATUR.

Art. 14. To the Department of Tourist Structure competes:

I-formulate, coordinate and monitor the Ministry's plans, programs and actions aimed at the implementation of tourism infrastructure projects ;

II-coordinate, scrutinize, monitor, and evaluate the application of Ministry responsibility resources in tourism infrastructure projects ;

III-supporting the formulation of proposals for recovery of historic historical heritage of structured or structural tourism product ;

IV-analyze investment in basic and environmental sanitation integral to structured tourism project or in structuring, in accordance with the National Tourism Policy ; and

V-articulate with the other government bodies and entities of the Federal, State and Municipal Administration on their programs, projects and infrastructure actions that interact with the National Tourism Policy.

Art. 15. To the Department of Financing and Promotion of Investments in Tourism competes:

I-coordinate the establishment of guidelines and priorities for the implementation of the resources of the General Tourism Fund-FUNGETUR ;

II-coordinate the formulation, support and monitor the actions of stimulation and foster the mobilisation of private, national and international initiative, for its active participation in the implementation of the National Tourism Policy ;

III-coordinate, support and monitor the development of plans, projects and events that object to capturing and stimulating national and international investments, in actions integrated with the guidelines and regions benefited from the tourism development programs ;

IV-coordinate, support and monitor the development, maintenance, and promotion of projects and investment opportunities ;

V-coordinate, support and monitor development, together with financial institutions of credit lines and other financial instruments, aimed at financing the tourist and productive chain companies of the tourism ;

VI-coordinate and monitor the integration of the actions of your competence with EMBRATUR ;

VII-orient, monitor and supervise the implementation of the projects and programs of funding of works, services and tourism activities within FUNGETUR ;

VIII-elaborating studies with a view to the standardization of FUNGETUR's operational standards and procedures ;

IX-follow up and propose, when necessary, adjustments in FUNGETUR regulation ;

X-propose arrangements or contracts to be concluded with the development and investment banks and with the other financial institutions, in accordance with specific regulation ; and

XI-draw up reports and exercise the controls of the financial operations carried out within the framework of FUNGETUR management.

Art. 16. To the Department of Qualification and Certification and Production Associated with Tourism competes:

I-format, implement, and support the plans, programs and actions aimed at the development of artisanal production and other products associated with tourism ;

II-coordinate the actions aimed at the promotion and commercialization of artisanal production and other products associated with tourism ;

III-format and implement the programs and actions aimed at the development of the qualification and certification of professionals, of amenities and tourist services ;

IV-coordinate the actions aimed at professional qualification and the improvement of the quality of services provided to the tourist ;

V-develop, implement, and support structural projects, in target regions of new tourism investment generators of economic and social impacts.

VI-articulate, support and monitor the promotion of technical, institutional and financial support necessary for regions with tourism potential and low income per capita in accordance with the National Tourism Plan ;

VII-coordinate the formulation, support and monitor the plans, programs and actions aimed at the generation of new local development alternatives based on the tourism segments and their productive chain, according to the National Tourism Policy ; and

VIII-articular with the other organs and entities of the Federal, State, Municipal, productive sector and third sector, programs, projects and actions that have interface with the Department.

Section III

The Collegiate Body

Art. 17. The National Tourism Council is to exercise the skills set out in specific regulation.

CHAPTER IV

OF THE ALLOCATIONS OF LEADERS

I Section

From the Executive Secretary

Art. 18. To the Executive Secretary it is incumbent:

I-coordinate, consolidate and submit to the Minister of State the planning of the Ministry's global action, in line with the Federal Government's guidelines ;

II-supervise and evaluate the execution of the projects and activities of the Ministry ;

III-supervising and coordinating the articulation of the organs of the Ministry with the central bodies of the systems affected to the area of competence of the Secretariat-Executiva;

IV-supervise and coordinate the integral Secretaries of the Ministry structure ; and

V-exercise other assignments that are committed to it by the Minister of State.

Section II

Of Secretaries and Too Leaders

Art. 19. To the Secretaries, the Chief Minister's Office, the Legal Adviser, the Undersecretary, the Directors and the other leaders is to plan, direct, coordinate and guide the execution of the activities of the respective bodies or units and engage in other assignments that are committed to them in their areas of competence.

CHAPTER V

DAS GENERAL PROVISIONS

Art. 20. The internal regiment will define the detailing of the integral bodies of the Regimental Structure of the Ministry of Tourism, the competences of the respective units and the assignments of their leaders.