CHAIR OF THE COUNCIL OF MINISTERS

Proposal for Law No. 261 /X/4.

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Exhibition of Motives

The general censuses of the population and housing (Censos), due to the completeness of the

their realization, are a source of fundamental information for the knowledge of the

social and economic reality of the Country.

The Censuses that will be produced in 2011 are expected to be the last to be held in Portugal,

following the traditional censitary model, given that the data that will be collected from the

long of its implementation will form the basis of transition to a new censitary model,

more flexible, less expensive and capable of making information available with periodicity

lower than decennial

For the realization of the Censos 2011 it will be necessary to insert the variable religion into the

questionnaires, which, by taking the nature of sensitive personal data, will be the subject of

optional response.

It becomes also necessary to predict that the rating instruments, transposed to

digital support and guarded by the National Institute of Statistics, I. P., can only be

used for statistical or historical purposes, without setting a shelf life.

On the other hand, taking into account that the obtained information is the subject of statistical processing

in the sense of ensuring their overall consistency, access to personal data is restricted

on the part of the respective holders, after the completion of the collection operations of the same,

and up to the time of the disclosure of the definitive results of Censos 2011.

After the aforementioned disclosure, access to the data, on the part of its holders, only

can be refused on the basis of technical impossibility of reconstitution of the same

after the respective statistical treatment or on the basis of the disproportionate cost of the

technical operations necessary to ensure access.

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Proposal for Law No. 261 /X/4.

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Adding that a quality control and evaluation system will be established, during the

collection work of the questionnaires, which should allow for the detection and correction of the

more critical situations with regard to the quality of the information collected.

The governing bodies of the Autonomous Regions, the Commission, were heard

National Data Protection, the Superior Council of Statistics, the Association

National of Portuguese Municipalities and the National Association of Freguesias

Thus:

Under the terms of the paragraph d) of Article 197 (1) of the Constitution, the Government presents to the

Assembly of the Republic the following proposal for a law:

Article 1.

Subject

The Government is granted permission to legislate on the realization of the Censuses 2011.

Article 2.

Sense and extension

1-In the use of this authorisation, the Government establishes the drafting regime,

approval and implementation of the XV General Census of Population, as well as of the V

General Census of Housing, to be held throughout the national territory during the

year of 2011.

2-The regime to be approved by the Government in the use of this authorisation provides that:

a) The primary religion variable is observed in the individual statistical unit, under

the form of optional response;

b) The rating instruments are transposed for digital support and only

can be used for statistical or historical purposes, without it being defined

a shelf life, and that access to the personal data collected, by

part of its holders, is not allowed between the time of collection of the

same and the disclosure of the definitive results of Censos 2011;

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Proposal for Law No. 261 /X/4.

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c) After the release of the definitive results of the Censos 2011, access to the

data, on the part of its holders, can only be refused on the basis of

technical impossibility of reconstitution of the same after the respective

statistical treatment or on the basis of the disproportionate cost of operations

techniques required to ensure access.

Article 3.

Duration

The authorisation granted by this Law shall be for the duration of 90 days.

Seen and approved in Council of Ministers of April 9, 2009

The Prime Minister

The Minister of the Presidency

The Minister of Parliamentary Affairs

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The general census of the population takes place in Portugal, in a harmonised way at the level

international, since 1864, assuming decennial periodicity as of 1890. Since 1970,

the general censuses of the population and housing shall be carried out simultaneously,

passing the statistical operation to be assigned by Censos, with identification of the year of its

realization.

The completeness of the collection and processing of the Census data make these operations

an indispensable and rigorous source for the knowledge of social and economic reality

of the Country, at the national, regional and local level.

The realization of the censuses of population and housing is, for several decades now,

framed by specific recommendations at both the international and the Union

European. For the 2011 censitary round will be established, for the first time, in the legislation

community a set of rules of mandatory character with respect to disaggregation

minimum administrative-administrative geographic for each variable and the quality indicators that

each country should provide to EUROSTAT.

Censuses 2011 will allow for the constitution of a reference base, indispensable for the

extraction of support samples from surveys carried out among the families, in the frame of the

respective statistical information system.

Censuses 2011 are intended to be the last to be held in Portugal with recourse to the

traditional censitary model. For this purpose, the data collected along its

implementation will form the basis that will allow, in future, to make the transition to a new

model censitary, less cumbersome, expensive and capable of making information available with

periodicity shorter than the decennial.

Like the previous census operations, Census 2011 will mobilize a

important volume of human and financial resources that it matters to use in a way

rational. The push for rationalization and good management of public resources will be

associated with the introduction of new information and communication technologies at the level of the

data collection supports, the organisation model and the handling of information.

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The involvement and cooperation of the authorities is an indispensable factor in the success of the

censitary operations, given their proximity to populations and the availability of means and

necessary support infrastructure at the local level.

The services of the Central, Regional and Local Administrations should provide access to

administrative information that they have, in the respect of legal standards in respect of

of confidentiality and protection of individual data, which you will be able to replace with

advantage the collection of some censitary variables.

The present decree-law is intended to frame the Census 2011 normatively,

define the responsibilities for their implementation and establish specific devices for

ensure the financial and human resources necessary for their achievement within the

proper calendars. Still the conditions for the development of the

indispensable work and studies, particularly with regard to the use of the

centered information for analysis compared to the administrative, in the perspective of the

transition to new censitary model.

Censitary operations are of particular importance, becoming, by this,

necessary to ensure the means indispensable to the realization of a work technically

idotous and operationally effective.

Thus, by the technical idoneity of the operations respond, in the first line, the Council

Top of Statistics and the National Institute of Statistics, I. P., being the effectiveness

operational of the responsibility of this public institute, of the municipal bodies, of the

municipal chambers and the freguish joints.

The implementation of a statistical operation of the size of the Censuses requires a schedule

exhaustive and detailed of the various phases that constitute its implementation process,

from conception to final assessment, accompanied by the strict definition of the expenditure that

are associated with you.

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Censuses 2011, still, require the temporary and timely recruitment of thousands of

people, in particular from censuses, as well as the indispensable temporary collaboration

of officials from the local administration for the coordination and control of the work of

collection of the data. It is thus justified to establish mechanisms of character

exceptional that ensure the indispensable flexibility in the hiring of people

necessary for the implementation of the work on the ground.

The governing bodies of the Autonomous Regions, the Commission, were heard

National Data Protection, the Superior Council of Statistics, the Association

National of Portuguese Municipalities and the National Association of Freguestics.

Thus:

In the use of the legislative authorization granted by the Law No ......., and in accordance with the terms of the a) and

b) of Article 198 (1) of the Constitution, the Government decrees the following:

CHAPTER I

General provisions

Article 1.

Subject

This decree-law sets the standards to which they must obey the XV Census

General of Population and the V General Housing Census, hereinafter referred to,

abbreviately, by Censos 2011.

Article 2.

Scope

1-The Census 2011 is carried out throughout the national territory, during the year 2011, and

cover the totality of the population, the accommodation for housing and the

buildings containing at least one accommodation.

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2-The censitary moment is set by the National Institute of Statistics, I. P., between 1 of

March and May 31, 2011.

Article 3.

Objectives

Censuses 2011 have for purposes:

a) The collection, clearance, analysis and dissemination of official statistical data

referring to population and socio-economic characteristics of the population

covered and of the housing stock;

b) The creation of a baseline information base, fundamental for selection

and extraction of samples, ensuring support for surveys carried out in the

framework of the statistical information system for households;

c) The organization of a database of individualized nature, for buildings,

accommodations, families and individuals, which enables the future integration of data with

those from administrative sources, so as to implement the transition

censitaria for a model of censitary data production, on the population and

housing, more frequently and with lower costs.

Article 4.

Execution

1-Census 2011 is performed through nominal notation instruments,

concurrent, compulsory and free response, which are the subject of registration under the

National Statistical System, pursuant to Articles 4 and 13 of Law No 22/2008, of

May 13

2-A The answer to the questionnaires can be carried out on paper support or through the

Internet .

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Article 5.

Religion primary variable

The primary religion variable is observed in the individual statistical unit, in the form of

optional response.

CHAPTER II

Participating entities and censitary territorial limits

Section I

Intervening entities

Article 6.

Entities

They intervene in the realization of the Censos 2011 the following entities:

a) Possible Section for Monitoring Census 2011 (SEAC 2011), of the

Superior Council of Statistics;

b) National Institute of Statistics, I. P. (INE, I. P.);

c) Regional Statistical Office of the Azores (SREA) and the Regional Directorate of

Statistical of Wood (DREM);

d) Municipal chambers;

e) Joints of freguesia;

f) Services and bodies of the relevant Ministries on the grounds of matter.

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Article 7.

Possible Section for Monitoring the Census 2011

The Eventual Section for Follow-Up Census 2011 is the top body of

guidance and coordination of Censuses 2011, by competing with:

a) To draw up an acting programme that allows to keep up with the work

associated with the realization of the Censuses 2011;

b) Issue Opinion on the Programme of Action and Diffusion Plan of Centers 2011;

c) Accompany the work associated with the preparation, implementation, clearance and

assessment of Census 2011;

d) Appreciate the assessment report of the Census 2011, prepared by the INE, I. P., in the

deadline of 12 months after the disclosure of the final results, which it shall

include the assessment of the quality of these censitary operations.

Article 8.

National Institute of Statistics, I. P.

1-The National Statistical Institute, I. P., ensures the design and directs the realization of the

Censuses 2011, pursuant to Article 3 (3) and Articles 4 and 19 of the Law No

22/2008, of May 13, and of Article 4 of the Decree-Law No. 166/2007 of May 3.

2-The competences of the INE, I. P., are exerted at the central, regional and local levels and

consists of:

a) Prepare the programme of action of the censuses, organize and supervise the

respective implementation;

b) Define technical and administrative standards for national, regional intervention

and site of all entities and persons involved in these statistical operations;

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c) To promote the dissemination of Censuses 2011 to the media;

d) Support technically and follow up on data collection operations;

e) To promote the selection and training of the coordinators and census and to ensure the

your hiring, in accordance with regional and local needs;

f) Proceed to the processing and clearance of the data and the diffusion of the respective

results;

g) Ensure the correct definition, preparation and implementation of the program of

control and evaluation of the quality of Centers 2011;

h) Carry out the necessary studies that allow to support the transition of the model

census of Census 2011, for a sustained censitary model in

administrative information.

3-The INE, I. P., can hold itself responsible for the direct execution of the Censos 2011 in the

municipalities and freguesias of the Mainland that do not possess the conditions for the purpose,

ears the respective autarctic organs.

4-The INE, I. P., may delegate to the SREA and DREM the competence to accomplish

directly the census operations in municipalities and freguesias of the

respective Autonomous Regions which, in the understanding of those entities, do not gather the

necessary conditions, ears of the respective municipal organs.

Article 9.

Regional Statistical Office of the Azores and Regional Statistical Directorate of the

Wood

The competencies of the Regional Statistical Office of the Azores and the Regional Directorate of

Statistics of the Wood, in the territory of the respective Autonomous Regions, are:

a) Coordinate the realization of the censitary operations according to the technical standards

and defined administrative;

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b) Promote the dissemination of the censitary operations, according to the program

national of communication;

c) To monitor and streamline the centerary activity of local authorities;

d) Carry out the censitary operations directly, in accordance with Article 4 (4)

previous.

Article 10.

Municipal chambers

1-Municipal chambers are responsible for the organisation, coordination and control

of the census tasks in the area of the respective jurisdiction, in the defined terms

by the INE, I. P.

2-The functions of organisation and coordination and the oversight of control are

exerted by the chairman of the respective city hall or, in its absences or

impediments, by a councillor by him assigned.

3-A the entity that exercises the functions provided for in the preceding paragraph may, to the effect,

convene the presidents of the freguesia joints or their designated substitutes.

4-The municipal chambers have, as yet, as competences:

a) To confirm or update, for statistical purposes, the geographical limits of the

respective freguesies and population agglomerates, according to the standards o

INE, I. P.;

b) To promote the dissemination of the censitary activities at the municipality level,

in particular through editions or other means emanating from the INE, I. P.;

c) To provide the means necessary for the censitary activities, inter alia

facilities, furniture and own transport vehicles;

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d) Proceed to enlistment of candidates for censuses who intervene locally

in the censitary operations, in accordance with the guidance defined by the INE, I. P.;

e) Carry out the distribution, by the freguesia joints, of the rating instruments,

as well as all ancillary documentation, specifically manuals and printouts,

drawn up by the INE, I. P.;

f) Check, certify and give back to the INE, I. P., to the SREA or DREM, as if

treat from local authorities of the Mainland, the Autonomous Region of the Azores or the

Autonomous Region of Madeira, up to 60 days after the censitary moment, all the

rating instruments collected, as well as auxiliary printed ones;

g) Proceed to payment of the remunerations of the intervening staff in the proceedings

of census, through an open bank account specifically for this

effect;

h) To promote the installation of posts supporting the filling of questionnaires

which they consider necessary, according to the characteristics, area and number of

residents in each freguesia, and inform the population of their location and time

of operation.

5-The chairman of the city hall shall designate a technician for the coadjuvar in the

performance of the competences constant from the previous number.

6-A Technical assistance to the municipal chambers of the Mainland is ensured by the INE, I. P.,

under the terms of the ( d) of Article 8 (2) through the respective delegations.

7-A Technical assistance to the municipal chambers of the Autonomous Regions of the Azores and the

Wood is ensured through SREA and DREM, respectively, in the terms of the

point ( c) of Article 9 para.

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Article 11.

Joints of freguesia

1-The freguesia joints ensure the execution of the operations of Censos 2011 in their

geographical areas of competence, in articulation with the speaker of the chamber

respective municipal or councillor by it designated or, still, of the INE, I. P., of the SREA

or of DREM, in the municipalities that fall under Article 8 (3) and 4.

2-When the functions mentioned in the preceding paragraph can not be exercised by the

chair of the freguesia board or its legal substitute, the freguesia joint recruit

person enabled for the exercise of them under the direct guidance of the President of the

joint or from your replacement.

3-The freguesia joints further coadjured the respective municipal chambers for all

the effects provided for in the previous article and, in particular:

a) They provide the means necessary for the censitary activities, namely

facilities, furniture and own transport vehicles;

b) They indicate to the municipal chambers the persons empowered and available to exercise

the census functions, under the terms of the ( d) of paragraph 4 of the preceding Article;

c) They select from among the censuses, in cases where the freguesia has 10

or more statistical sections, a subcoordinator by each approximate set

of six statistical sections;

d) They confirm or update, the request of the INE, I. P., the limits of the

population agglomerates with 10 or more lodges;

e) They avoid duplications or omissions in the collection of the data, as well as in the

padding of the rating instruments, on paper support;

f) They collaborate with the municipal chambers in the implementation of the provisions of the h) from the

n. 4 of the previous article;

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g) They proceed to the distribution and collection of the rating instruments, according to

the deadlines and technical standards set by the INE, I. P.;

h) They receive, certify and return to their respective municipal chambers, within the

deadline set by the INE, I. P., all rating instruments

collected on paper support, as well as the auxiliary printouts.

4-A technical assistance to the Continent's freguish joints is ensured by the respective

municipal chambers, or directly by the INE, I. P., in the municipalities that stay

covered by Article 8 (3)

5-A technical assistance to the freguesia joints of the Autonomous Regions of the Azores and the

Wood is ensured by the respective municipal chambers or directly by the SREA

and by DREM, respectively, in the municipalities that fall within the scope of paragraph 4 of the

article 8 para.

Article 12.

Ministries

1-Compete to the departments and bodies of the respective Ministry organize and carry out the

census of personnel assigned to the external services of the embassies and consulates of

Portugal, according to technical instructions from the INE, I. P.

2-Compete to the departments and bodies of the respective Ministry, according to instructions

techniques of the INE, I. P., the census of the people who, at the time censitary, if

find:

a) On board the Portuguese civil aircraft or aircraft, when stationed

at national ports or airports, or in navigation;

b) On board the vessels or foreign civil aircraft, stationed at ports

or national airports.

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3-The census of personnel who find themselves on board the naval vessels

Portuguese or on military mission abroad, as well as military installations

intended for accommodation, is carried out by the respective Ministry, according to

technical instructions from the INE, I. P.

4-The census of personnel, which is not diplomatic or military and which is found in

security missions abroad, is carried out by the respective Ministry, according to

with technical instructions from the INE, I. P.

Section II

Censitary territorial limits

Article 13.

Censitary territorial limits

1-A cartography of support for Census 2011 is based on the Official Administrative Charter of

Portugal, for the administrative delimitation of the territory.

2-Without prejudice to the provisions of the preceding paragraph, where the administrative limits

present identification doubts on the ground, or when there are pending disputes,

may the same be transposed, by the INE, I. P., for the purposes of the Censos 2011,

heard from local authorities concerned, for the nearest terrain accidents,

inter alia road, street, railway track or any natural accident, from

mode to avoid omissions or duplications in the collection of the data.

3-The situations referred to in the preceding paragraph shall be properly identified and the

respective treated censitary data, in such a way as to be imputed to the area

correct administrative, as soon as the administrative delimitation is duly

clarified or assumed among the litigants and recognized by the Institute

Portuguese Geographical.

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CHAPTER III

Staff to hire and remunerative supplements for employees and agents of the

local administration

Section I

Conditions of contracting

Article 14.

Conditions of contracting

1-The temporary recruitment of personnel for the exercise of collection functions of the

questionnaires or framing of the fieldwork for the realization of the

Censuses 2011 is carried out by the INE, I. P., in articulation with local authorities,

through the celebration of job contracts.

2-The expenditure on the purchases of services referred to in the preceding paragraph may

carry out with dispensation of the procedures provided for in the Code of Contracts

Public, but with observance of the community thresholds.

3-The contracts referred to in paragraph 1 may be concluded with natural persons without

dependency on specific authorization for the purpose and are not subject to the

incompatibilities set out in Article 78 of the Status of Afpostion.

4-The contracted staff is subject, for tax purposes, to the following conditions:

a) In the case of finding collected, in accordance with that provided for in articles 112 and

115. of the Income Code on the Income Of Singular Persons (CIRS),

uses as a discharge document the receipt Mod. 6, owing to the scheme

of VAT and the retention of IRS, if applicable;

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b) If you do not fall under the provisions of the preceding paragraph, you shall be exempted from the

formalities provided for in Articles 112 and 115 of the CIRS and uses as

discharge document a receipt, the model of which is defined by the INE, I. P.,

getting exempt from VAT, in accordance with Article 53 of the Tax Code on

o Value Added (CIVA), there is no place for retention in the IRS source.

5-Without prejudice to the provisions of the preceding paragraph, the contracted staff shall be obliged to pass

statement to the INE, I. P., in how it does not exercise, on a regular basis, any

economic activity susceptible to framing in the normal taxation regime of the

VAT and which is not registered for VAT purposes.

6-All income placed at the disposal pursuant to paragraph 4 shall be considered

category B income and should be encompassed in the annual statement of

income.

Section II

Remuneration of officials and agents of the local administration

Article 15.

Remuneration

Employees performing public duties in the local administration, during the period

that carry out functions of coordination and control of the questionnaires ' collection work

of Censuses 2011, are entitled to earn a remuneration to be fixed by the INE, I. P., of which

give discharge in the terms of the law.

CAPITCHAPTER IV

Financing and expenses

Article 16.

Budget for 2011

1-The INE, I. P., shall submit for approval by the Ministers of Finance and Tutela, the

timeframe and schedules calendar of the Censuses for the years 2009-2012.

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2-Following the approval referred to in the preceding paragraph, the INE, I. P., shall be authorized to carry out

the lifting of funds from the state coffers, according to the needs

financial evidenced.

Article 17.

Appropriations placed at the disposal of the municipal chambers

1-The INE, I. P., shall be authorized to place at the disposal of the municipal chambers, of the

Continent and the Autonomous Regions, the appropriations necessary to support the

expenses associated with the realization of the censitary operations at the municipal level.

2-For realization of the established in the preceding paragraph, each chamber proceeds to

opening of a specific bank account, to deposit the endowment allocated by the

INE, I. P., and payment of all expenditures relating to Census 2011 carried out in

name of this institute.

3-The amount of the appropriation referred to in paragraph 1 shall be set by the INE, I. P.

Article 18.

Accounting record

1-Municipal chambers are required to maintain an autonomous accounting record

of the appropriations placed at its disposal for the Censuses 2011 and the expenditures carried out

on behalf of the INE, I. P.

2-For effect of the provisions of the previous number the municipal chambers draw up maps

discriminations of the appropriations received and the expenses incurred as a model to

draw up by the INE, I. P.

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Article 19.

Provision of accounts

1-For the purpose of accountability, the municipal chambers shall remit, in

tripled and up to August 31, 2011, directly to the INE, I. P., in the case of the

Continent and through SREA and DREM, in the case of Autonomous Regions, the maps

referred to in Article 18 and the maps of the expenditure carried out under this decree-law,

as model to be elaborating by the INE, I. P.

2-After the return of the triplicate of the maps referred to in the preceding paragraph, duly

targeted by the INE, I. P., the municipal chambers shall deposit the final balances, in

bank account to be indicated by that institute, until October 31, 2011.

3-The maps referred to in paragraph 1, duly endorsed by the INE, I. P., constitute

documentation quite a lot for justification of the expenses in them discriminated against.

CHAPTER V

Protection of personal data

Article 20.

Confidentiality

The individual statistical data, collected in the framework of Censuses 2011, becomes subject to the

principle of statistical secrecy, constituting professional secrecy for all people

to participate in the work of these statistical operations and which they take

knowledge, in the terms provided for in Article 6 of Law No 22/2008 of May 13.

Article 21.

Prohibition of use of data

To local authorities it is prohibited to use, in any form, of the data collected

directly through the questionnaires of Census 2011.

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Article 22.

Database for diffusion

The data of Census 2011 is made available by the INE, I. P., for statistical purposes and

research, safeguarding the principle of statistical secrecy.

Article 23.

Personal data

1-The rating instruments are transposed to digital support and guarded by the INE,

I. P., under conditions of absolute safety, may only be used for purposes

statistical or historical, with a safeguard of the provisions of Law No. 22/208, of 13 of

May, and in Law No. 67/98, of October 26.

2-No access to data, on the part of its holders, between the time of the

collection of the same and the dissemination of the definitive results of Censuses 2011.

3-After the disclosure of the definitive results of the Censos 2011, access to the data, by

part of its holders, can only be refused on the basis of technical impossibility of

reconstitution of the same after the respective statistical treatment or on the basis of the

disproportionate cost of the technical operations required to ensure access.

CHAPTER VI

Of the offences and penalties

Article 24.

Counter-ordering

1-Constitui counterordinate any of the following behaviors:

a) The non-provision of the information within due time;

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b) The provision of inaccurate, insufficient information, or likely to

induce in error;

c) The opposition to the representations of the people involved in the collection work of

data from these censuses.

2-A negligence is punishable, being the minimum and maximum limits of the applicable fines

reduced to half.

Article 25.

Fines

The counter-ordinations provided for in paragraph 1 of the preceding Article are punishable by fine,

applying for the scheme provided for in Article 27 (2) and 4 a to 4 a and Articles 28 to 31 of the Law

n. 22/2008, of May 13.

Article 26.

Criminal responsibility

Without prejudice to disciplinary liability, the violation of the statistical secret that constitutes

infringement of the duty of professional secrecy is punishable under the terms of Articles 195, 196 and

383. of the Criminal Code.

CHAPTER VII

Final provisions

Article 27.

Distribution of other questionnaires

1-During the operations of Censuses 2011 is prohibited, the censuses, the distribution

concurrent of any other questionnaire.

2-The services of the Central, Regional and Local Administration cannot distribute any

another questionnaire to the population in the months of March, April and May 2011.

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3-Except from the provisions of the previous figures, the dimanded questionnaires of the

INE, I. P., of the organs of other entities that of him have received delegation from

skills for the effect, from SREA and DREM.

Article 28.

Absence of charges from respondents

The distribution, fulfillment and collection of the questionnaires of Census 2011 do not imply

any pecuniary charges for the respondents.

Article 29.

Disclosure

The dealership of the public radio and television services cooperates, in the legal terms,

with the INE, I. P., in the dissemination of the censitary operations.

Article 30.

Entry into force

This decree-law shall come into force 10 days after its publication.

Seen and approved in Council of Ministers of

The Prime Minister

The Minister of State and Finance

The Minister of the Presidency

The Minister of the Environment, Territory Planning and Regional Development

The Minister of Parliamentary Affairs