Authorizes The Government To Establish The Rules Governing The Xv General Census Of The Population And The V General Census Of Housing (Census 2011)

Original Language Title: Autoriza o Governo a estabelecer as normas a que devem obedecer o XV Recenseamento Geral da População e o V Recenseamento Geral da Habitação (Censos 2011)

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Read the untranslated law here: http://app.parlamento.pt/webutils/docs/doc.pdf?path=6148523063446f764c3246795a5868774d546f334e7a67774c336470626d6c7561574e7059585270646d467a4c316776644756346447397a4c334277624449324d5331594c6d527659773d3d&fich=ppl261-X.doc&Inline=false

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 261/X/4th 1 explanatory memorandum general censuses of population and housing (Census) due to the completeness of their achievement, are a fundamental source of information for the knowledge of the social and economic reality of the country. The Censuses which will produce in 2011 should be the last to be held in Portugal, following the traditional censitário model, since the data that will be collected throughout their implementation will form the basis of transition to a new censitário model, more flexible, less expensive and able to provide information with frequency lower than the 10-year to carry out the Census 2011 you will need to insert the variable religion in questionnaires which coating the nature of sensitive personal data, will be the subject of optional response. Becomes also necessary to provide that the rating tools, translated into digital form and kept by the National Institute of statistics, i. p., may only be used for statistical or historical purposes, without setting a deadline. On the other hand, given that the information obtained is the subject of statistical treatment to ensure their global consistency, it's restricted access to personal data on the part of their holders, upon completion of the operations of collecting them, and up to the time of dissemination of the final results of the 2011 Census. After the abovementioned disclosure, access to data, on the part of their owners, can only be refused on the basis of technical impossibility of rebuilding themselves after their statistical treatment or based on the disproportionate cost of technical operations necessary to ensure access.

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 261/X/4th 2 also will set up a system for monitoring and evaluation of the quality, during the collection of questionnaires, which should allow the detection and correction of the most critical situations with regard to the quality of the information collected. Were heard the Government organs of the autonomous regions, the National Commission on Data Protection, the Board of Governors of statistics, the National Association of Portuguese municipalities and the National Association of Parishes like this: under d) of paragraph 1 of article 197 of the Constitution, the Government presents to the Assembly of the Republic the following proposal of law: Article 1 subject-matter is granted the Government permission to legislate on the implementation of the 2011 Census. Article 2 purpose and 1 extension-in the use of this authorization, the Government lays down the arrangements for the preparation, approval and implementation of the XV general census of the population, as well as of the General Census of housing V, to be held throughout the country during the year of 2011. 2-the arrangements to be adopted by the Government in the use of this authorization provides that: the primary religion is) the variable observed in individual statistical unit, in the form of optional response; b) rating instruments are translated into digital form and may only be used for statistical or historical purposes, without having set a deadline, and that access to personal information collected by the owners, is not allowed between the collection and the dissemination of the final results of the 2011 Census;

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 261/X/4th 3 c) after disclosure of the definitive results of the 2011 Census, data access on the part of their owners, can only be refused on the basis of technical impossibility of rebuilding themselves after their statistical treatment or based on the disproportionate cost of technical operations necessary to ensure access. Article 3 Duration the authorisation granted by this law lasts for 90 days.

Seen and approved by the Council of Ministers of 9 April 2009 Prime Minister the Minister of Parliamentary Affairs Minister Presidency, PRESIDENCY of the COUNCIL of MINISTERS the General Census of the population 4 takes place in Portugal, of harmonised form at international level, since 1864, assuming decennial periodicity from 1890. Since 1970, the general censuses of population and housing perform simultaneously, passing the statistical operation to designate for Censuses, with identification of the year of its completion. The completeness of the collection and processing of the census data make these operations an essential and rigorous source for knowledge of the social and economic reality of the country, at national, regional and local level. The achievement of the censuses of population and housing is provided for several decades, framed by specific recommendations both internationally and in the European Union. For the 2011 census round shall be established, for the first time, in Community legislation a set of mandatory rules regarding geographical and administrative minimum breakdown for each variable and the quality indicators that each country must provide to EUROSTAT. The 2011 Census will enable the establishment of a baseline, indispensable for the taking of samples to support surveys conducted with the families, within the framework of the system of statistical information. It is intended that the 2011 Census be the last to be held in Portugal using the traditional censitário model. For this purpose, the data collected in the course of its implementation will form the basis which will allow, in the future, make the transition to a new censitário model, less cumbersome, expensive and able to provide information at intervals shorter than the 10-year. Like the previous census operations, the 2011 Census will mobilise a significant volume of human and financial resources that matter use rationally. The effort of rationalization and sound management of public resources will be associated with the introduction of new information and communication technologies in terms of data collection, organization and model of information processing.

PRESIDENCY of the COUNCIL of MINISTERS 5 the involvement and cooperation of local authorities is an essential factor for the success of the census operations, given its proximity to the populations and the availability of necessary resources and supporting infrastructure at the local level. The services of the Central, Regional and Local Administrations should provide access to information in their possession, in compliance with the legal provisions concerning confidentiality and the protection of individual data, which you can replace with the collection of some census variables. This Decree-Law aims to frame normatively the 2011 Census, define responsibilities for its implementation and to establish specific devices to ensure financial and human resources necessary for its implementation within the appropriate timeframes. Are established the conditions for the development of the work and studies which are essential, particularly as regards the use of census information for comparative analysis with the Administration, in the context of transition to new model censitário. Census operations are of particular importance, making it therefore necessary to ensure the means indispensable to the realization of a work technically suitable and operationally effective. Thus, the technical integrity of operations responding, in the first line, the Superior Council of statistics and the National Institute of statistics, I. P., being the operational effectiveness of the responsibility of this public institution, local self-government bodies, councils and Parish Councils. The execution of an operation of the size of Census statistics requires a thorough and detailed programming of the various phases that constitute its implementation process, from design to final evaluation, accompanied by the strict definition of expenditure.

PRESIDENCY of the COUNCIL of MINISTERS 6 2011 Censuses require the temporary and timely recruitment of thousands of people, in particular recenseadores, as well as the indispensable collaboration of local government officials for the coordination and monitoring of the work of collecting the data. Thus justified the establishment of mechanisms for ensuring the indispensable exceptional flexibility in hiring of people necessary for the implementation of the work on the ground. Were heard the Government organs of the autonomous regions, the National Commission on Data Protection, the Board of Governors of statistics, the National Association of Portuguese municipalities and the National Association of Parishes. So: the use of legislative authorization granted by law No......., and pursuant to points (a)) and b) of paragraph 1 of article 198 of the Constitution, the Government decrees the following: chapter I General provisions Article 1 subject-matter this decree-law lays down rules governing the XV general census of the population and the V general census of housing , hereafter referred to as abbreviated for Census 2011. Article 2 Scope 1-The 2011 Censuses are held throughout the country, during the year of 2011, and cover the entire population, the accommodation intended for housing and buildings that contain at least one accommodation.


PRESIDENCY of the COUNCIL of MINISTERS 7 2-the censitário time is set by the National Institute of statistics, I. P., between 1 March and 31 May 2011. Article 3 Objectives The 2011 Censuses have as objectives: a) the collection, tabulation, analysis and dissemination of official statistical data on the demographic and socio-economic characteristics of the population covered and the housing stock; b) the creation of an information base essential reference for selecting and taking of samples, ensuring support for surveys conducted within the framework of the statistical information system for families; c) the Organization of a database of individualized nature, for buildings, accommodation, families and individuals, allowing future data integration with those from administrative sources, in order to implement the transition to census a production model of census data on population and housing, more frequently and with lower costs. Article 4 Implementation 1-The 2011 Censuses are implemented through instruments of nominal rating response concurrent compulsory and free, that are registered within the National statistical system, in accordance with articles 4 and 13 of law No. 22/2008, of May 13 2-response to questionnaires can be held in paper form or via the Internet.

PRESIDENCY of the COUNCIL of MINISTERS article 5 8 primary Variable religion the primary variable religion is observed in individual statistical unit, in the form of optional response. CHAPTER II Entities involved is a stub section I Entities involved with census article 6 Entities Involved in the implementation of the 2011 Census the following entities: the Potential for follow-up) section 2011 Census (SEAC 2011), the High Council for statistics; b) Instituto Nacional de Estadística, i. p. (INE, I. P.); c) Regional Statistics of the Azores (SREA) and the Regional Directorate of statistics of the wood (DREM); d) municipalities; e) Parish Councils; f) offices of the competent Ministries as a result of the matter.

PRESIDENCY of the COUNCIL of MINISTERS article 7 Section 9 Possible to monitor the 2011 Census section Possible to monitor the 2011 Census is the top organ of direction and coordination of the 2011 Census, competing him: a) draw up a program of action that allows to monitor the works associated with the conduct of the 2011 Census; b) issue an opinion on the programme of action and the 2011 Census Dissemination plan; c) Follow the work associated with the preparation, implementation, and evaluation of the 2011 Census; d) Enjoy the 2011 census evaluation report, prepared by INE, i. p., within 12 months after the release of final results, which should include the assessment of the quality of these census operations. Article 8 the National Institute of statistics, i. p. 1-the National Institute of statistics, i. p., ensures the design and realisation of the 2011 Census, in accordance with paragraph 3 of article 3 and articles 4 and 19 of law No. 22/2008, of May 13, and article 4 of Decree-Law No. 166/2007, of May 3. 2-The powers of the INE, i. p., are pursued by the central, regional and local levels and consist of: a) Prepare the programme of action of the censuses, organize and supervise their implementation; b) Define technical and administrative standards to the national, regional and local intervention of all the entities and persons involved in these operations statistics;

PRESIDENCY of the COUNCIL of MINISTERS 10 c) Promote the dissemination of the 2011 Census to the media; d) Support technically and accompanying data collection operations; and promote selection and training) of the coordinators and recenseadores and ensure its contracting, according to regional and local needs; f) process and clearance of data and the dissemination of their results; g) ensure proper definition, preparation and implementation of monitoring and evaluation of the quality of the 2011 Census; h) carry out the necessary studies to allow supporting the transition of the censitário model of the 2011 Census, for a sustained censitário in administrative information. 3-INE, i. p., may be responsible for the direct implementation of the 2011 Census in municipalities and parishes of the continent not having policies to this end, the respective local bodies ears. 4-INE, i. p., may delegate the SREA DREM and the competence to perform census operations directly in municipalities and parishes of the respective autonomous regions which, in the opinion of those entities, do not possess the necessary conditions, their ears offices in local authorities. Article 9 Regional Statistics Service of the Azores and Madeira Madeira statistics The competencies of Regional Statistics of the Azores and Madeira of the wood, in the territory of the respective autonomous regions, are: a) coordinate census operations in accordance with the technical and administrative standards set;

PRESIDENCY of the COUNCIL of MINISTERS 11 b) Promote the dissemination of census operations, according to the national program of communication; c) Accompany and boost census activity of local authorities; d) Perform census operations directly, in accordance with paragraph 4 of the preceding article. Article 10 town halls 1-The city councils are responsible for organizing, coordinating and monitoring the Census tasks in the area of its jurisdiction, as defined by the INE, I. P. 2-the role of organization and coordination and supervision of the control exercised by the mayor or in their respective absences or impediments, by a Councillor designated by him. 3-the entity to carry out the functions provided for in the preceding paragraph may, for this purpose, to convene the chairs of Parish Councils or their designated surrogates. 4-The municipalities have, yet, as skills: a) Confirm or update, for statistical purposes, the geographical boundaries of their parishes and villages, according to the INE, i. p.; b) promote the dissemination of census activities in the municipality, in particular through edicts or other means from the INE, i. p.; c) Provide the necessary census activities, including facilities, furniture and own transport vehicles;

PRESIDENCY of the COUNCIL of MINISTERS 12 d) Proceed to the enlistment of candidates for recenseadores involved locally in census operations, in accordance with the guidance set by the INE, i. p.; and distribution, by) proceed Parish Councils, rating instruments, as well as all auxiliary documentation, including manuals and printed, prepared by INE, i. p.; f) Verify, certify and return the INE, i. p., SREA or, as in the case of DREM local authorities of the continent, the Azores or Madeira, until 60 days after the censitário time, every rating instruments collected, as well as auxiliary forms; g) to payment of salaries of staff intervening in the work of census, through a bank account specifically opened for this purpose; h) to promote the installation of support for filling out questionnaires as they may deem necessary, according to the characteristics, area and number of residents in each parish, and let the people know their location and hours of operation. 5-the mayor shall designate a technician to assist in the performance of the skills listed in the preceding paragraph. 6-technical assistance to municipalities of the Mainland is ensured by the INE, i. p., pursuant to d) of paragraph 2 of article 8, through the respective delegations. 7-technical assistance to municipalities of the autonomous regions of the Azores and Madeira is ensured through the SREA and of DREM, respectively, pursuant to article 9 c) from the PRESIDENCY of the COUNCIL of MINISTERS 13


Article 11 Parish Councils 1-The Parish Councils shall ensure the implementation of the operations of the Census 2011 in their geographic areas of competence, in conjunction with the mayor or Councillor designated by him thereof, or of the INE, i. p., of DREM or SREA, in that they are covered by paragraphs 3 and 4 of article 8-2 When the functions mentioned in the preceding paragraph may not be exercised by the President of the Board of parish or his legal substitute, the junta de freguesia recruit person entitled to exercise the same under the guidance of the President of the Board or his Deputy. 3-The Parish Councils assist the respective municipalities for all purposes provided for in the previous article, and in particular: a) Provide the necessary census activities, including facilities, furniture and own transport vehicles; b) Indicate to municipalities persons qualified and available to perform the task of an enumerator, in accordance with subparagraph (d)) of paragraph 4 of the preceding article; c) Select from among the recenseadores, where the Parish has 10 or more statistics sections, a subcoordenador for each set of six sections statistics; d) Confirm or update the request of INE, i. p., the boundaries of the villages with 10 or more accommodation; and Avoid duplication or omissions in) collecting the data and completing the rating tools, on paper; f) Collaborate with the local authorities in the implementation of the provisions of paragraph h) of paragraph 4 of the preceding article;

PRESIDENCY of the COUNCIL of MINISTERS 14 g) undertaking the distribution and collection of rating instruments in accordance with the deadlines and the technical standards defined by the INE, i. p.; h) Receive, certify and return them to the respective municipalities, within the time limit set by INE, i. p., all instruments collected rating in paper form, as well as printed matter. 4-technical assistance to Parish Councils on the Mainland is provided by the respective municipal councils, or directly by the INE, i. p., in that they are covered by paragraph 3 of article 8 5-technical assistance to Parish Councils of the autonomous regions of the Azores and Madeira is ensured by the respective municipalities or directly by SREA and DREM , respectively, in the municipalities that they are covered by paragraph 4 of article 8 article 12 Ministries 1-it is up to the authorities and bodies of the respective Ministry to organize and carry out the Census of external services staff of embassies and consulates of Portugal, according to the INE technical instructions, I. P. 2-it is the responsibility of the authorities and bodies of the respective Ministry, according to the INE technical instructions , I. p., the Census of the people who, at the time censitário, are: a) vessels or aircraft Portuguese civilians, when stationed in ports or airports, or in navigation; b) vessels or foreign civil aircraft, stationed in ports or airports.

PRESIDENCY of the COUNCIL of MINISTERS 15 3-the Census of the people who is on board the ships of the Portuguese Navy or military mission abroad, as well as military installations intended for accommodation, is carried out by the Ministry, according to the INE technical instructions, I. P. 4-the Census of the people, other than diplomatic or military and in security missions abroad , is carried out by the Ministry, according to the INE, technical instructions i. p. section II territorial census Boundaries article 13 territorial census Boundaries 1-mapping in support of the 2011 Census is based in Portugal, official Letter to the administrative demarcation of territory. 2-Notwithstanding the preceding paragraph, where the administrative boundaries present questions of identification in the field, or when there is litigation pending, can be transposed, by INE, i. p., for the purposes of the 2011 Census, after hearing the interested local authorities, to the nearest ground accidents, including road, street, via rail or any natural accident in order to avoid omissions or duplication in data collection. 3-The situations referred to in the preceding paragraph, shall be properly identified and their census data treated, to be allocated to the admin area correctly, once the administrative demarcation is properly clarified or assumed between the parties in dispute and recognized by the Portuguese Geographic Institute.

PRESIDENCY of the COUNCIL of MINISTERS 16 CHAPTER III Staff hiring and remuneration supplements for officials and other servants of local Administration Section I conditions of employment article 14 Contracting Conditions 1-the temporary recruitment of personnel for the exercise of functions of collection of questionnaires or framing of the field work for the achievement of the 2011 Census is carried out by INE , I. p., in conjunction with local authorities, through the conclusion of contracts of assignment. 2-expenditure on the procurement of services referred to in the preceding paragraph may be carried out with exemption of the procedures provided for in the public procurement code, but with observance of the community thresholds. 3-contracts as referred to in paragraph 1 may be concluded with persons without reliance on specific authorisation for that purpose and are not subject to the incompatibilities laid down in article 78 of the staff regulations of the retirement pension. 4-the personnel employed for tax purposes is subject to the following conditions: (a)) in case if find collected in accordance with the provisions in articles 112 and 115 of the code of the personal income tax (CIRS), uses as a discharge document receipt Mod. 6, and mark the VAT system and the IRS retention, if applicable;

PRESIDENCY of the COUNCIL of MINISTERS 17 b) if it does not fit in the previous paragraph, is relieved of the formalities provided for in articles 112 and 115 of the CIRS and uses as a discharge receipt document, a specimen of which is set by the INE, i. p., getting free of VAT, in accordance with article 53 of the Code of value added tax (CIVA) There is no place to IRS tax withholding. 5-Notwithstanding the provisions of the preceding paragraph, the staff is required to pass statement to INE, i. p., not shall, on a regular basis, any economic activity likely to normal regime of taxation framework VAT and who is not registered for VAT purposes. 6-all proceeds made available pursuant to paragraph 4 shall be considered income in category B and must be included in the annual statement of income. Section II remuneration of officials and other servants of local administration article 15 Pay workers who carry out public functions in local government, during the period engaged in coordination and control functions of the work of collecting the questionnaires of the 2011 Census, are entitled to receive a remuneration to be fixed by INE, i. p., which give discharge under the law. CHAPTER IV Funding and expenses article 16 budget for 2011 1-INE, i. p., must submit for approval of the Ministers of finance and of guardianship, the timeline and budget the census scheduled for the years 2009-2012.

PRESIDENCY of the COUNCIL of MINISTERS 18 2-After the approval referred to in the preceding paragraph, the INE, i. p., is hereby authorised to make the fundraising of the coffers of the State, according to the financial needs highlighted. Article 17 Funds placed at the disposal of the municipal Chambers 1-INE, i. p., is authorised to put at the disposal of local authorities, the Mainland and the autonomous regions, the appropriations needed to bear the costs associated with carrying out the census operations at the municipal level. 2-To achieve the established in the preceding paragraph, each Chamber proceeds to open a specific bank account for deposit of assigned by the INE, i. p., and payment of all expenditure relating to 2011 Censuses carried out in the name of this Institute. 3-the amount of appropriation referred to in paragraph 1 shall be fixed by the INE, i. p. Article 18 accounting Record 1-The municipalities are obliged to keep a register of independent accounting of the funds placed at its disposal for the 2011 Census and of expenditure incurred on behalf of INE, i. p. 2-for the purposes of the preceding paragraph the municipal Chambers produce maps detailing the appropriations received and expenditure as a model to be drawn up by the INE, I. P.

PRESIDENCY Of The COUNCIL Of MINISTERS 19


Article 19 reporting 1-for the purposes of accountability, the municipalities must submit in triplicate and until August 31, 2011 directly to INE, i. p., in the case of the continent and through the SREA and of DREM, in the case of autonomous regions, the maps referred to in article 18 and the maps of expenditure incurred under this Ordinance , depending on the model to be drawn up by the INE, i. p. 2-After the return of the triplicate of the maps referred to in the preceding paragraph, duly stamped by the INE, i. p., the municipalities must deposit final balances in bank account to be specified by that Office, until 31 October 2011. 3-the maps referred to in paragraph 1, duly endorsed by the INE, i. p., are enough to justify expenditure documentation them broken down. Chapter V protection of personal data article 20 individual statistical data Confidentiality, collected under the 2011 Census, shall be subject to the principle of statistical confidentiality, and professional secrecy to all persons participating in the work of these statistics and their operations are aware, in accordance with article 6 of law No. 22/2008, of May 13. Article 21 prohibition of use of data To local authorities is prohibited to use, in any form, of the data collected through the questionnaires of the 2011 Census.

PRESIDENCY of the COUNCIL of MINISTERS article 22 20 database for 2011 Census data dissemination are provided by the INE, i. p., for statistical purposes and to research, safeguarding the principle of statistical confidentiality. Article 23 personal data 1-rating instruments are translated into digital form and stored by the INE, i. p., in conditions of absolute safety, and may only be used for statistical or historical purposes, with safeguarding the provisions of law No. 22/208, of 13 may, and in law No. 67/98 of 26 October. 2-is not allowed access to the data, of its holders, between the collection and the dissemination of the final results of the 2011 Census. 3-following the release of the final results of the 2011 Census, data access on the part of their owners, can only be refused on the basis of technical impossibility of rebuilding themselves after their statistical treatment or based on the disproportionate cost of technical operations necessary to ensure access. CHAPTER VI infringements and sanctions article 24 administrative offences Constitutes a misdemeanour 1-any of the following behaviors: a) failure to provide the information within due;

PRESIDENCY of the COUNCIL of MINISTERS 21 b) the supply of incorrect information, inadequate, or misleading; c) opposition to the efforts of those involved in the work of collecting data of these censuses. 2-the negligence is punishable, and the minimum and maximum limits of fines applicable reduced to half. Article 25 Penalties The administrative offences provided for in paragraph 1 of the preceding article are punished with fines, applying the arrangements provided for in paragraphs 2 and 4 to 6 of article 27 and articles 28 to 31 of the law No. 22/2008, of May 13. Article 26 criminal liability Without prejudice to disciplinary responsibility, violation of statistical confidentiality constitutes breach of the duty of professional secrecy is punishable under articles 195, 196.º and 383.º of the criminal code. CHAPTER VII final provisions article 27 distribution of other questionnaires 1-during the 2011 Census is prohibited, the recenseadores, the simultaneous distribution of any other questionnaire. 2-the services of the Central, Regional and Local Administration cannot distribute any other questionnaire to the population in the months of March, April and may 2011.

PRESIDENCY of the COUNCIL of MINISTERS-22 3 exceptions to the provisions of the preceding paragraphs, the questionnaires derived from INE, i. p., of other entities that have received delegation of powers for the purpose of the SREA and DREM. Article 28 the absence of respondent burden distribution, fulfillment and collection of 2011 Census questionnaires do not involve any monetary costs to the respondents. Article 29 the Disclosure of public radio and television cooperates, in legal terms, with the INE, i. p., on dissemination of census operations. Article 30 entry into force this law shall enter into force 10 days after its publication. Seen and approved by the Council of Ministers of the Prime Minister and State Minister of Finance Minister of the Presidency Minister of the environment, regional planning and Regional Development Minister for Parliamentary Affairs