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Decree No. 4640, Of 21 March 2003

Original Language Title: Decreto nº 4.640, de 21 de Março de 2003

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DECREE NO. 4,640, OF March 21, 2003.

Approves the Regimental Structure and the Demonstrative Framework of the Cargos in Commission and of the Gratified Functions of the National Department of Mineral Production-DNPM, and gives other arrangements.

THE PRESIDENT OF THE REPUBLIC, in the use of the assignments that confers it on art. 84, incisos IV and VI, paragraph "a" of the Constitution, and with a view to the provisions of the art. 50 of the Provisional Measure no 103, of ,

DECRETA:

Art. 1 ° Stay approved the Regimental Structure and the Demonstrative Framework of the Cargos in Commission and Functions Gratified from the National Department of Mineral Production-DNPM, in the form of the Annexes I and II to this Decree.

Art. 2 ° In due to the provisions of the art. 1 °, stay remanded, in the form of Annex III to this Decree, the following Cargos in Commission of the Group-Direction and Superiors Superiors-DAS:

I-of the Management Office, of the Ministry of Planning, Budget and Management, for the DNPM, six DAS 101.4, four DAS 101.3, five DAS 102.3 and three FG-1; and

II-from the DNPM to the Management Office, from the Ministry of Planning, Budget and Management, nineteen DAS 101.2, nineteen of the 101.1, two DAS 102.2 and ten DAS 102.1.

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

Single paragraph. After the apostilaments, provided for in the caput of this article, the Director General of the DNPM will make it published, in the Official Journal of the Union, within thirty days, counted from the date of publication of this Decree, nominal relation of the holders of the posts in committee of the Group-Direction and Superiors Superiors-DAS, referred to in Annex II, indicating, including, the number of vacant positions, their denomination and their respective level.

Art. 4 ° The internal regiment of the Department National Mineral Production shall be approved by the Minister of State for Mines and Energy and published in the Official Journal of the Union, within ninety days, counted from the date of publication of this Decree.

Art. 5 ° This Decree enters into force on the date of its publication.

Art. 6 ° It shall be repealed the Decree No. 3,576 of August 30, 2000.

Brasilia, March 21, 2003; 182 ° of Independence and 115 ° of the Republic.

LUIZ INACIO LULA DA SILVA

Dilma Vana Rousseff

Guido Mantega

ANNEX I

REGIMENTAL STRUCTURE OF THE

NATIONAL DEPARTMENT OF MINERAL PRODUCTION

CHAPTER I

OF THE NATURE AND COMPETENCE

Art. 1º The National Department of Mineral Production-DNPM, federal municipality, created by Law No. 8,876, of May 2 of 1994, bound to the Ministry of Mines and Energy, endowed with legal personality of public law, with patrimonial, administrative and financial autonomy, with headquarters and venue in Brasilia, Federal District and constituencies throughout the Territory National.

Art. 2º The DNPM has for the purpose of promoting the planning and fostering of mineral exploration and exploitation of mineral resources and superintending the geological, mineral and mineral technology researches as well as ensure, control and scrutinize the exercise of mining activities throughout the National Territory, in the form of what the Mining Code has; the Code of Mineral Waters; the respective regulations and the legislation that complement them, to compete with you, in particular:

I-promote the outorga, or propose it to the competent authority, when it is the case, of the mining securities relating to the exploitation and the exploitation of mineral resources and to exclaim the remaining acts concerning the implementation of the mining legislation;

II-coordinate, systematize and integrate the geological data of mineral deposits, promoting the elaboration of texts, letters and geological maps for dissemination;

III- follow up, analyze and disseminate the performance of the Brazilian and international mineral economy, maintaining statistical services of the production and trade of mineral goods;

IV-formulate and propose guidelines for policy direction mineral;

V-fostering mineral production and stimulating the rational and efficient use of mineral resources;

VI-scrutinizing research, washing, beneficiation and marketing of mineral goods, and may carry out surveys, authenticate offenders and impose the enforceable sanctions, on the compliance of the provisions of the mining legislation;

VII-lowering standards, in complementary character, and exercising supervision over environmental control, hygiene and the safety of mining activities, acting in articulation with the remaining bodies responsible for the environment, safety, hygiene and occupational health of the workers;

VIII-implant and manage databases to subsidize mineral policy actions, necessary for government planning;

IX-lowering standards and exercising supervision over the fundraising of financial compensation for the exploitation of mineral resources, of which it treats § 1st art. 20 of the Constitution;

X-fomenting the small mining company; and

XI-establish the areas and conditions for the exercise of the garimpel in an individual or associative form.

CHAPTER II

OF THE ORGANIZATIONAL STRUCTURE

Art. 3º The DNPM has the following organizational structure:

I-direct assistance organs and immediate to the Director-General:

a) Cabinet; and

b) Legal Procuratorate;

II-sectional bodies:

a) Internal Audit;

b) Directorate General Administration; e

c) Directorate of Planning and Fundraising;

III-specific organs:

a) Board of Outorga and Cadastro Mineiro;

b) Direction of Surveillance; and

c) Directorate of Mineral Development and Economics; and

IV-decentralized organs: Distressed.

CHAPTER III

OF THE DIRECTION AND APPOINTMENT

Art. 4º The DNPM is directed by a Director-General, a Deputy Director-General and five Directors.

§ 1º The Director General and the Deputy Director-General shall be appointed by the President of the Republic, by appointment of the Minister of State for Mines and Energy.

§ 2º The appointment of the Legal Prosecutor is to be preceded by annuence of the Union Advocate General.

§ 3º The appointment and exoneration of the Chief Auditor-in-Chief should be submitted, by the ultimate leader of the DNPM, to the approval of the Controller-General of the Union.

§ 4º The remaining posts in committee and trust functions will be provided by the Minister of State for Mines and Energy, upon appointment of the Director General of the DNPM.

CHAPTER IV

OF THE COMPETENCY OF THE ORGANS

Section I

Of The Direct and Immediate Assistance Bodies to the Director-General

Art. 5º To the Cabinet competes:

I-assist the Director-General in his social and political representation;

II-incumbent upon the prepared-and-dispatch of the personal expedient of the DNPM Director General;

III-effecting the monitoring of the legal acts of interest of the DNPM;

IV-coordinate the media activities;

V-provide for the publication, dissemination and follow-up of the subjects of interest of the DNPM; and

VI-exercise other assignments that are committed to it by the Director General of Autarquia.

Art. 6º To the Legal Prosecutor's Office, as the enforcer organ of the Federal Attorney General, linked to the Advocate-General of the Union, competes:

I-exercise judicial and extrajudicial representation of the DNPM, acting in the processes in which Autarquia is author, defendant, opponent or assistant;

II-provide advice direct and immediate to the Director-General and the organs of the DNPM's Regimental Structure, in the affairs of a legal nature, applying, in what couber, the provisions of the art. 11 of the Supplementary Act No. 73 of February 10, 1993;

III-examine, approve and draw up minutes of bidding editions, of instrument of contracts, of congeniums and of other acts creators of rights and obligations, which should be entered into by the DNPM;

IV-analyze and present solutions on issues raised by the application of laws and regulations concerning the activities developed by the DNPM;

V-examine and issue opinions on projects of normative acts to be dispatted or proposed by the DNPM, when they contain legal matter;

VI-fixing, for the units of the DNPM, the interpretation of legal planning, when there is no normative orientation of the Advocacy-General of the Union and of the Legal Consultancy of the Ministry of Mines and Energy; and

VII-establish the liquidity and certainty of claims of any nature, resulting from the activities implemented by the DNPM, enrolling them in active debt, for the purposes of friendly or judicial collection.

Section II

Of The Sectional organs

Art. 7º To Internal Audit competes check compliance, current standards, procedures of budgetary, accounting, financial, equity and human resources, as well as, when determined by the Director-General, the verification of suitability between the means employed and the results achieved and, specifically:

I-create indispensable conditions for ensuring effectiveness in internal and external controls, seeking to ensure regularity in the achievement of revenue and expense;

II-examine the specific legislation and the correlates standards, orienting as to their observance;

III-promote regular inspections in the areas of acting of the DNPM, to verify the physical and financial execution of the projects and activities, including those performed by third parties;

IV-carry out financial, accounting and administrative audits, for the purpose of assessing and certifying the accuracy and regularity of the accounts and to substantiate the efficiency and the effectiveness in the application of Autarquia's resources; and

V-perform extraordinary, draft-specific audits, which, in the interest of the Administration, come to be determined by the Director General.

Single paragraph. In the exercise of its competences, the Internal Audit links administratively to the maximum entity of the entity, in the terms of the art. 15 of Decree No. 3,591 of September 6, 2000.

Art. 8º To the General Administration Directorate competes to plan, coordinate, guide and supervise the execution of the activities related to the Federal Budget, Accounting, Financial Administration Systems, of Organization and Administrative Modernization, of Human Resources and General Services, within the framework of the DNPM.

Art. 9º To the Directorate of Planning and Fundraising competes:

I-plan, coordinate, supervise and execute actions regarding the management, budget forecasting and drafting of Autarquia's multiannual investment plans;

II-coordinate the strategic planning process;

III-provide advising to the units of the Municipality in the planning and management of your activities;

IV-follow up and evaluate the performance of the DNPM's activities;

V-exercise control of the supervision over the collection of the compensation financial;

VI-control the pick-up of fees, emoluments, fines and ressarcements, in compliance with the current legislation; and

VII-promote interaction and provide institutional support to the District, in their areas of jurisdiction.

Section III

Of The Singular Specific Organs

Art. 10. To the Board of Outorga and Cadastro Mineiro compete to plan, direct, guide, coordinate and execute, in articulation with the District and the remaining Directors, the activities related to the outorship of mining and harnessing of mining securities of mineral resources, as well as record, follow up and secure the rights to concessions, research and washing of water resources and minerals of the Country, while maintaining the legal records.

Art. 11. The Directorate of Surveillance competes, directing, directing, coordinating, regulating, and performing, in articulation with the District and the remaining Directors, the activities related to the surveillance of mineral activity, to the editing of regulatory standards and operational, as well as safety and environmental control in mining, interacting with the government bodies involved, in order to act in a harmonic manner with the public policies and guidelines of the Federal Government for the sector.

Art. 12. The Directorate of Mineral Development and Economics competes to plan, direct, guide, coordinate and execute, in articulation with the District and the remaining Directors, the activities related to the economy and mineral development, as well as to the systematization and the integration of the geological data of mineral deposits.

Section IV

Of The Decentralized Organs

Art. 13. The District competes:

I-carry out the finalistic activities of the DNPM, ensuring, controlling and scrutinizing the exercise of the mining activities in its area of jurisdiction, in the form set out in the Mining Code, in the Code of Mineral Waters, in the respective regulations and legislation that supplement them;

II-instruct technical and administrative processes and issue, if appropriate, corresponding opinions;

III-represent the Department in its area of jurisdiction; and

IV-tasked with the remaining assignments committed to it by delegation of competence and the Internal Rules.

CHAPTER V

OF THE ATTRIBUTIONS OF THE LEADERS

Section I

Of The Director General

Art. 14. The Director General is incumbent on:

I-administer the DNPM and practice all acts of management, operational, budgetary, financial, accounting, heritage, material, general services and human resources, in the form of the legislation in vigour;

II-represent the DNPM in judgment or outside of it;

III-supervise and coordinate the activities of the governing bodies of the DNPM Regimental Structure;

IV-avocar, for decision or review, matters inherent in the governing bodies of the DNPM Regresimental Structure, without prejudice to the continuity of the exercise, by the same organs, of the attributions therein;

V-firming, as the legal representative of the DNPM, contracts, convents, agreements, adjustments and other similar negotiating acts;

VI-delegating any of its assignments, save those which, by their very nature or by legal vedic, can only be by it implemented privately;

VII-ensure the development, legitimacy, and internal and external credibility of the DNPM, and

VIII-practice all the management acts provided for in the Mining Code and in the legislation correlates.

Section II

From the Deputy Director General

Art. 15. To The Deputy Director General incumbent:

I-advise the Director General in the administration of the DNPM, with regard to the formulation, complementation and execution of the specific affairs of the organ and, especially, the supervision and coordination of the activities affecting the federal administrative processes management systems;

II-replace the Director-General in his or her bankruptcy and legal or regulatory impediments; and

III-exercise other attributions that are committed.

Section III

Of The Remaining Leaders

Art. 16. To the Chief of the Cabinet, the Legal Prosecutor, the Chief Auditor, the Directors and the remaining leaders it is incumbent on planning, directing, coordinating, supervising and directing the execution of the activities of the respective units and to exercise other assignments that they are committed by delegation of competence and the Internal Rules.

CHAPTER VI

OF RESOURCES AND HERITAGE

Art. 17. They constitute revenues of the DNPM:

I-appropriations consigned to the General Budget of the Union, special credits, transfers and repasses, which are conferred on it;

II-product of credit operations, which are in the Country and abroad;

III-emoluments, fines, contributions provided for in the mining legislation, sale of publications, resources arising from the inspection and surveillance services or from lectures and courses taught and various revenue set out in law, regulation or contract;

IV-resources from congeniums, agreements or contracts concluded with entities, bodies or companies, public or private, national or international;

V-donations, legacies, grants and other resources that are intended for it; and

VI-resources arising from the disposal of mineral property seized in the following of clandestine, illegal or irregular activities, taken the public hasta.

Single paragraph. The quota-part of the financial compensation for the exploitation of mineral resources due to the Union, of which they treat § 1st to art. 20 of the Constitution and the art. 8th of the Law no 7,990 of December 28, 1989, regulated by the Decree No 1 of January 11, 1991, is intended for the Ministry of Mines and Energy, which shall hencefully repass it to the DNPM, observed the provisions of the inciso III of the § 2nd of the art. 2nd of the Law no 8,001 of March 13, 1990.

CHAPTER VII

OF THE GENERAL AND TRANSITIONAL PROVISIONS

Art. 18. It will be up to the Minister of State for Mines and Energy to propose, to the central body of the Civil Personnel System of the Federal Administration-SIPEC, the Demonstrative Framework of the DNPM Personnel Lotion, organized in Plan of Carreiras, referred to in art. 13 of Law No. 8,876, of 1994.

Single paragraph. The Carreiras Plan should suit the Federal Administration's Careers Plans guidelines, to be implemented by the central body of the SIPEC, in the terms of the caput and the § § 1º and 2º of the art. 39 of the Constitution.

Art. 19. The Internal Rules will define the detailing of the integral bodies of the Regimental Structure, the competencies of the respective units, the assignments of their leaders and the areas of jurisdiction of the DNPM District.

Art. 20. The missing cases and the doubts raised in the application of the present Regimental Structure will be addressed by the Director General of the DNPM, ad referendum of the Minister of State of Mines and Energy.