Key Benefits:
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.
CHAIR OF THE COUNCIL OF MINISTERS
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;
CHAIR OF THE COUNCIL OF MINISTERS
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