Key Benefits:
CHAIR OF THE COUNCIL OF MINISTERS
1
Proposal for Law No 303 /XII
Exhibition of Motives
The Law No. 2/2013 of January 10 laying down the legal regime for creation, organisation
and operation of the professional public associations, determines the need for review
of the Statute of the professional public associations already set up, in the sense of their
conformation with such a regime.
The changes that are imposed in the context of the conformation of the Statute of the Associations
public professionals, must ensure, among other aspets, the removal of barriers
unwarranted or disproportionate to the access and exercise of the activities framed and
improve the mobility conditions of professional respects in the national spaces and
European, in alignment with the directives of the European Union in the area of freedom of
circulation.
In fulfillment of such an objective, the present law proceeds to the adequacy of the Statute of the
Order of Veterinary Physicians, created by the Decree-Law No. 368/91 of October 4,
amended by Law No. 117/97 of November 4, to the scheme provided for in Law No 2/2013, of
January 10, in particular with regard to the operating model and
organization, the conformation of the powers of control and self-regulation that are committed
to this Order in respect of the profession and the exercise of the activity of veterinary medicine,
maintaining, in essence, the current statutory provisions that do not conflict with that
regime.
He was heard the Order of Veterinary Physicians.
CHAIR OF THE COUNCIL OF MINISTERS
2
Thus:
In accordance with Article 53 (5) of Law No 2/2013 of January 10 and of the d ) from the
n Article 197 (1) of the Constitution, the Government presents to the Assembly of the Republic a
the following proposed law:
Article 1.
Object
This Law proceeds to the second amendment to the Decree-Law No. 368/91 of October 4,
amended by Law No. 117/97 of November 4 approving the Statute of the Order of the
Veterinary Doctors, in the sense of matching it to Law No. 2/2013 of January 10, which
establishes the legal regime for the creation, organization and operation of the associations
professional public.
Article 2.
Amendment to the Status of the Order of Veterinary Physicians
The Statute of the Order of Veterinary Physicians, approved in annex to the Decree-Law
n 368/91 of October 4, amended by Law No. 117/97 of November 4, passes
constant essay in Annex I to this Law and of which it is an integral part.
Article 3.
Transitional provisions
1-A present law does not affect the current composition of the organs of the Order of Physicians
Veterinarians are not even the current mandates on the date of their entry into force.
CHAIR OF THE COUNCIL OF MINISTERS
3
2-Maintain in force, with the necessary adaptations and to the extent that it does not
contravenin the provisions of Law No 2/2013 of January 10 and in the approved Statute
by this Law, all regulations emanating from the Order of Veterinary Physicians
up to the date of the entry into force of those who come to replace them.
3-The regulations emanating from the Order of Veterinary Physicians who counteract the
provisions of Law No. 2/2013 of January 10, or in the Statute approved by this Law,
they must be object of change within 120 days, from the date of entry into
vigour of this Law, under penalty of expiry of the provisions affected by the
incompatibility.
Article 4.
Abrogation standard
Article 3 of the Decree-Law No. 368/91 of October 4, amended by the Law, is repealed
n. 117/97, of November 4.
Article 5.
Republication
It is republished in Annex II to this Law and of which it is an integral part, the Decree-Law
n. 368/91, of October 4, with the current essay.
Article 6.
CHAIR OF THE COUNCIL OF MINISTERS
4
Entry into force
This Law shall come into force 30 days after its publication.
Seen and approved in Council of Ministers of March 12, 2015
The Prime Minister
The Minister of the Presidency and Parliamentary Affairs
CHAIR OF THE COUNCIL OF MINISTERS
5
ANNEX
(referred to in Article 2)
STATUS OF THE ORDER OF VETERINARY DOCTORS
CHAPTER I
General provisions
Article 1.
Definition and headquarters
1-A The Order of Veterinary Physicians, abbreviately designated Order, is the association
public professional representative of those who, in accordance with the precepts of the
present Statute and the other applicable legal provisions, exercise the profession of
veterinary doctor.
2-A The seat of the Order is in Lisbon.
Article 2.
Nature, autonomy and tutelage
1-A Order has the nature of a collective person of public law and is subject to a regime
of public law in the performance of its public tasks.
2-A Order has legal personality and enjoys administrative, financial and administrative autonomy
patrimonial.
3-A Order is subject to tutelage of legality from the member of the Government responsible for the
area of agriculture.
CHAIR OF THE COUNCIL OF MINISTERS
6
Article 3.
Legal regime
In anything that is not provided for in Law No. 2/2013 of January 10, which sets out the
legal regime for the creation, organization and operation of public associations
professionals, or in the present Statute, are also subsidiaries applicable, with the necessary
adaptations:
a) The standards and principles governing public institutes, with regard to the
your assignments and the exercise of public powers; and
b) The norms and principles that govern private law associations, in what
respects your internal organisation.
Article 4.
Attributions
1-Are attributions of the Order:
a) The defence of the general interests of the recipients of the medical-veterinary services,
notably the defence of public health through the safeguard and promotion of the
health, animal welfare and food safety;
b) The representation and defence of the general interests of the profession, of its function
social, of their dignity and prestige;
c) The contribution, in general, to the improvement and progress in the fields
scientific, technical and professional of the exercise of veterinary medicine;
d) The regulation of access and exercise of the veterinary medical profession in
national territory;
e) The granting, in exclusive, of the professional titles of the medical profession
CHAIR OF THE COUNCIL OF MINISTERS
7
veterinarian;
f) The awarding of professional specialization titles in the context of the exercise of
veterinary medicine;
g) The award of prizes or honorific titles;
h) The elaboration and updating of the professional register;
i) The exercise of disciplinary power;
j) The provision of services to its members, with respect to the financial year
professional, specifically in relation to information and vocational training,
contributing to the improvement and progress in the scientific, technical and
professional;
k) The collaboration with the other entities of the Public Administration in the
pursuit of purposes of public interest related to the profession of medical practitioner
veterinarian;
l) The participation in the drafting of the legislation that concerns access and
exercise to the profession of veterinary surgeon;
m) The participation in the official accreditation processes and the evaluation of the courses
giving access to the profession of veterinary surgeon;
n) The recognition of professional qualifications obtained in another
Member State of the European Union, of the European Economic Area or, without
prejudice to the provisions of international convention, of the Community of Countries of
Portuguese Language, for the access and exercise of medical activity
veterinarian in national territory;
o) Any others that are committed to you by law.
2-A Order is prevented from exerting or participating in activities of a trade union nature,
or that they relate to the regulation of economic or professional relations of the
CHAIR OF THE COUNCIL OF MINISTERS
8
its members.
Article 5.
Scope and structure
1-A Order has a national scope and is internally structured in regional delegations,
to which it is incumbent to continue the tasks of the Order in the area of respect.
2-A Order comprises the following regional delegations:
a) The Regional Delegation of the North;
b) The Regional Delegation of the Centre;
c) The Regional Delegation of the South;
d) The Regional Delegation of Madeira;
e) The Regional Delegation of the Azores.
3-A each of the regional delegations referred to in the preceding paragraph shall correspond:
a) To the Northern Regional Delegation, the districts of the Port, of Viana do Castelo, de
Braga, of Vila Real and of Braganza;
b) To the Regional Delegation of the Centre, the Aveiro districts, of Coimbra, of Viseu,
of the Guard, of White Castle and of Leiria;
c) To the Regional Delegation of the South, the districts of Lisbon, of Santarém, of Portalegre,
of Setúbal, of Évora, of Beja and of Faro;
d) To the Regional Delegation of Madeira, the area of the Autonomous Region of Madeira;
e) To the Regional Delegation of the Azores, the area of the Autonomous Region of the Azores.
Article 6.
Insignia
The Order has the right to use emblem, standart and own seal, of approved model
CHAIR OF THE COUNCIL OF MINISTERS
9
by the general assembly, on a proposal from the professional and deontological council.
Article 7.
Cooperation
1-A Order may constitute associations of private law and other forms of cooperation
with related entities, national or foreign, especially within the framework of the Union
European, the European Economic Area and the Community of Countries of Language
Portuguese.
2-For the better performance of its assignments, the Order may establish agreements of
cooperation with other public or private entities, national or foreign,
re-salvaged the entities of a union or political nature.
3-A Order must provide and request for professional public associations or authorities
competent administrative of the other Member States of the European Union and of the
European Economic Area, as well as the European Commission, mutual assistance and
take the necessary measures to cooperate effectively, in the framework of procedures
relating to providers of services from other Member States, in the
terms of Articles 26 to 29 of the Decree-Law No. 92/2010 of July 26, and of paragraph 2 of the
Article 51 of Law No. 9/2009 of March 4, amended by the Laws 41/2012, 28 of
August, and 25/2014, of May 2, notably through the Information System of the
Internal Market.
4-In relation to the recognition of professional qualifications, the Order exercises the
competencies provided for in Article 47 and in Article 51 (2) of Law No 9/2009 of 4 of
The March, amended by the Laws 41/2012, of August 28, and 25/2014, of May 2.
CHAIR OF THE COUNCIL OF MINISTERS
10
Article 8.
Capacity and representation
1-A Order enjoys legal and judicial capacity for the practice of all acts
legal, the enjoyment of all rights and the subjection to all the obligations necessary to
pursuit of respect for purposes and assignments, without prejudice to the established limitations
in the following number in criminal proceedings.
2-A Order may constitute an assistant in the criminal proceedings for the defence of rights or
interests of the exercise of veterinary activity, as well as its members, in all
the cases related to the exercise of the profession or the exercise of the posts in the
your organs, save when dealing with facts that involve disciplinary liability.
3-A Order is represented in judgment and outside of it by the bastonary or by the Presidents of the
regional councils, when it comes to acts of the responsibility of the respects
delegations.
Article 9.
Judicial control
1-The emerging disputes of the exercise of public powers by the organs of the Order
they are subject to administrative and tax jurisdiction, in the terms of the respective laws
of process and of the other applicable legislation.
2-The acts practiced by the organs of the Order in the exercise of public powers admit
still the administrative resources provided for in this Statute.
3-Unless otherwise provided, the term of interposition of administrative resources is to
30 days.
CHAIR OF THE COUNCIL OF MINISTERS
11
CHAPTER II
Members of the Order
Article 10.
Species of members
1-A Order has effective and extraordinary members.
2-Extraordinary Members may be honorary or corresponding.
Article 11.
Effective members
1-Can sign up in the Order, as effective members, those who gather one of the
following conditions:
a) Graduated in veterinary medicine by an institution of higher education
Portuguese in the frame of the organisation of studies prior to the application of the
Decree-Law No 74/2006 of March 24, amended by the Decrees-Laws
n. ºs 107/2008, June 25, 230/2009, of September 14, and 115/2013, of 7 of
august;
b) Master in veterinary medicine by a Portuguese higher education institution
in the framework of the organisation of studies arising from the application of the Decree-Law
no 74/2006 of March 24, as amended by the Decrees-Laws No 107/2008, of 25
of June, 230/2009, of September 14, and 115/2013, of August 7;
c) Holder of a foreign academic higher degree in veterinary medicine to which he / she has
been conferred equivalence to the degrees to which the points are referred a ) and b) ;
d) National professional member state member of the European Union or Space
European Economic whose professional qualifications have been obtained outside
CHAIR OF THE COUNCIL OF MINISTERS
12
Portugal, pursuant to Rule 62.
2-A The enrolment of nationals of third States is also dependent on the demonstration of
reciprocal treatment.
Article 12.
Extraordinary members
1-Can be honorary members of the Order the natural or collective persons, national
or foreign, which, by relevant activities developed within the framework of the sciences
veterinarian or veterinary profession, be deemed worthy of such distinction.
2-Can be corresponding members of the Order the personalities who, abroad,
have developed relief paper in the veterinary sciences.
Article 13.
Inscription
1-The procedure of enrolment of the effective members and admission of the members
extraordinary takes place in the terms of regulation to be approved by the general assembly, in the
respect for the provisions of this Statute and other applicable legislation.
2-Compete to the board of directors deliberating on the applications for membership enrollment
effective.
3-A The admission of extraordinary members is the competence of the board of directors, under
opinion favorable from the professional and deontological council.
Article 14.
Restrictions on the right to enrolment
1-Cannot be admitted as a member of the Order:
a) Who does not possess idoneity for the exercise of the profession;
b) Anyone who is in a situation of incompatibility with the exercise of medicine
CHAIR OF THE COUNCIL OF MINISTERS
13
veterinarian.
2-It is considered that it does not possess idoneity for the exercise of the profession who, by decision
definitive national or foreign, has been:
a) Convicted in penalty of effective imprisonment for the practice of any crime against the
life, against intrauterine life, against physical integrity, against freedom
personnel, against sexual freedom or against sexual self-determination;
b) Convicted of the practice of crime in the exercise of the medical profession
veterinarian;
c) Convicted in prison term of effective imprisonment exceeding three years for the practice of
any other crime;
d) Subject to disciplinary penalty in excess of the fine in the exercise of the duties of
worker in public or equated roles, or of member of any
another professional public association.
3-A The verification of the lack of idoneity for the exercise of the profession is always the object of
own process, which follows the terms of the disciplinary process, with the necessary
adaptations.
4-Where the Order considers to exist a situation of inidoneity for the exercise of the
profession, it must justify, in a reasoned manner, the circumstances of fact and law
in which it bases its judgment of inidoneity.
5-A The verification of any of the facts described in paragraph 2 does not preclude the organ
competent to consider, in a grounded manner, that the conditions of
suitability for the exercise of the profession, taking into account, in particular, the time
elapsed from the practice of the facts.
6-The convicts, criminal or disciplinarily, who have obtained rehabilitation can
be enrolled, provided that they demonstrate idoneity for the exercise of the profession and
CHAIR OF THE COUNCIL OF MINISTERS
14
they fulfil the remaining requirements set out in the law.
Article 15.
Cancellation of the inscription
Enrollment in the Order is cancelled:
a) To the members who require it;
b) To the members who have been punished with the disciplinary sanction of expulsion.
Article 16.
Suspension of enrollment
Enrollment in the Order is suspended:
a) To the members who require it;
b) To members who have been punished with the disciplinary sanction of suspension;
c) To members who stay in a situation of incompatibility with the exercise of
profession of veterinary doctor.
Article 17.
Rights of the effective members of the Order
They constitute the rights of the effective members of the Order:
a) Exercising the profession of veterinary medical practitioner throughout the national territory;
b) Enjoy all the benefits, perks and services provided by the Order, de
agreement with this Statute and with applicable regulations;
c) Apply for the issuance of professional ballot and other supporting documents
of its capacity for the exercise of veterinary activity;
d) Eleger and, in the case of member who is a natural person, be elected to the organs
of the Order, pursuant to the terms set out in this Statute;
CHAIR OF THE COUNCIL OF MINISTERS
15
e) Participate in the activities of the Order, either in the exercise of the mandates for which
have been elected or appointed, either in all initiatives by her
organized;
f) Request the intervention of the Order in the defence of your rights and interests
professionals;
g) Complain and appeal of the deliberations and decisions of the organs of the Order.
CHAPTER III
Professional deontology
Article 18.
Duties of the Effective Members of the Order in general
1-Are duties of the effective members of the Order, in general:
a) Participate in the institutional life of the Order;
b) Pay the quotas;
c) Contribute to the prestige of the Order;
d) Others provided for in the law.
2-It is still the duty of the effective members of the Order to exercise their activity with the
appropriate scientific and technical knowledge, respect for animal life, the
pursuit of animal health and collaboration in the defence of public health, according
with the applicable legal, ethical and deontological standards.
3-Effective members of the Order are subject, in particular, to duties and obligations to
with the community, to the users of the services, to the Order and to the
other members of the Order.
4-A professional deontology of veterinarians is the object of the veterinary code veterinary code,
CHAIR OF THE COUNCIL OF MINISTERS
16
which develops the principles set out in the following Articles of this Statute.
5-The veterinary code of the veterinary code shall be approved by the general meeting, on a proposal from the
professional and deontological advice.
Article 19.
Duties of the effective members of the Order to with the community and users
1-Without prejudice to the provisions of the veterinary deontological code, constitute duties of the
effective members of the Order to with the community and service users:
a) Keep permanently perfected and updated your knowledge
scientific and technical, participating to the effect in refresher courses,
seminars, conferences and other scientific and cultural activities;
b) Do not issue attestaces that do not fully correspond to the truth;
c) Refuse to participate in interventions aimed at, illegitimately, obtain
biological yields higher than the real capacities of animals or to be ascribe-
the fictional qualities;
d) Not to give consultations or to prescribe drugs or treatments to animals that
have not observed personally, save in the case of justified urgency;
e) Refrain from collaborating on illegal activities of unqualified people for the
exercise of veterinary medicine;
f) Do not participate, in any way, in activities that jeopardizes species
rare or in the way of extinction or that changes in a serious way the equilibria
biological;
g) Refuse the services whenever tasks are required that go beyond the
their capacities or availabilities;
CHAIR OF THE COUNCIL OF MINISTERS
17
h) Refrain from performing or participating in scientific experiments without usefulness
for research or for teaching and in those in which cruelties occur
or in which the suffering of the animals is not mitigated by the means
technically appropriate;
i) Carry out your tasks with competence and zeal, not abandoning, without
justification, tasks or positions that it accepts to perform;
j) Abstain from the practice of advertising acts of your activity that do not sign up
in objective and truthful information or that violates any duties
deontology or the legal standards on advertising and competition;
k) Keep professional secret.
2-For the effect of the provisions of the paragraph k ) from the previous number, the professional secret
covers set of facts of reserved character referring to professional affairs
which has been disclosed to you by the customer, or known in the exercise of the profession or in the
performance of cargo in the Order.
3-Cesses the obligation of professional secrecy whenever:
a) The law determines or the person concerned authorizes it;
b) The defence of the dignity, rights and legitimate interests of the veterinary doctor
or of the client impose it, as long as this is recognized by the board
professional and deontological;
c) Being in cause facts whose knowledge has come from the title of charge in the
Order, such is recognized by the respecting organ or, being this singular, by the
professional and deontological advice.
CHAIR OF THE COUNCIL OF MINISTERS
18
Article 20.
Effective members ' duties to the Order
Without prejudice to the provisions of the veterinary code of the veterinary code, they constitute duties of the
effective members of the Order to with this:
a) Do not prejudice the purposes and prestige of the Order and the medical-veterinary activity;
b) Respect the present Statute, the veterinary code veterinary code and the others
regulations;
c) To comply with the decisions and deliberations of the organs of the Order;
d) Collaborate in the pursuit of the tasks of the Order and exercise the posts to
that has been elected or designated;
e) Pay the quotas and other amounts due to the Order that are established
by the competent bodies;
f) Communicate, within a maximum of 30 days, the change of domicile or of your
professional situation.
Article 21.
Reciprocal duties of the members of the Order
Without prejudice to the provisions of the veterinary code of the veterinary code, they constitute duties of the
members of the Order in their reciprocal relations:
a) Proceed in a loyal and urban manner;
b) Do not offend, in a direct or indirect way, the reputation of another doctor
veterinarian, without prejudice to the rights of criticism and denunciation of facts
violators of the deontological principles;
CHAIR OF THE COUNCIL OF MINISTERS
19
c) Replace another veterinary doctor in the event of a vacation, illness or other
temporary impediment, provided that, in the concrete circumstances, this is
legitimately chargeable;
d) Do not accept work that another veterinary doctor has been put in charge of,
no clarification of the reasons for the situation and the knowledge of regularization
previous contractual;
e) Abstain, in competition with the other veterinary doctors, from the practice of
acts that do not respect the dignity of the profession;
f) Remunerate in a fair way the veterinary doctors your collaborators and,
well thus, contribute to your updating and to your further improvement
professionals.
CHAPTER IV
Organs of the Order
SECTION I
General provisions
Article 22.
Enumeration of the organs of the Order
They are organs of the Order:
a) The congress;
b) The general meeting;
c) The professional and deontological council;
d) The board of directors;
CHAIR OF THE COUNCIL OF MINISTERS
20
e) The bastonary;
f) The tax council;
g) The regional assemblies;
h) The regional councils.
Article 23.
Eligibility
1-Can be elected to the organs of the Order the veterinary doctors with enrollment in
vigour and in the full exercise of their rights.
2-Only members of the professional and deontological council can be elected members
effective of the Order with more than 10 years of exercise of profession.
3-The exercise of the executive, disciplinary and supervisory functions in organs of the Order is
incompatible with each other.
4-No member can be elected for the simultaneous exercise of two positions in organs
of the Order, in the same term.
5-Without prejudice to the provisions of the following number, the exercise of office in the Order is
incompatible with the exercise of any leading functions in the Public Administration
and with any other function with which to verify a manifest conflict of
interests.
6-A The quality of member of the congress and the regional assembly is not incompatible with
the exercise of leading roles in the Public Administration.
Article 24.
Duration of the mandates
The holders of the organs of the Order are elected for four-year terms, and may be
reelected only for one time.
CHAIR OF THE COUNCIL OF MINISTERS
21
Article 25.
Submission of applications
1-A Election for the organs of the Order depends on the submission of proposals of
application, which must be effected before the president of the general meeting's desk or
in the face of the presidents of the regional assemblies, depending on whether it deals with election to the
national or election bodies for regional bodies.
2-The deadline for the submission of proposals for applications, which are individualized for
each organ, runs until October 31 of the year immediately preceding the beginning of the
subsequent quadriennium.
3-The proposals are subscribed for by a minimum of 50 or 25 veterinary doctors with
enrollment in force depending on whether it is treated, respectively, of applications for the organs
national or for regional bodies.
4-If up to the date referred to in paragraph 2, no applications have been made for all of the
organs, must such omission be suppressed by the governing board and the regional councils,
depending on whether it deals with national or regional bodies, until the following November 15.
5-The proposals for applications must contain the identification of the bidders and the
candidates, with an indication of the respected numbers of the professional ballot and residency,
as well as the declaration of acceptance of the candidature by the candidates, the indication of the
candidate for president of the respected organ and the general lines of the respecting program.
Article 26.
Date of elections
1-Elections for the various organs of the Order take place between 1 and December 20, in the
date that is designated by the chairman of the general meeting's desk.
CHAIR OF THE COUNCIL OF MINISTERS
22
2-A Election assembly is convened by the chairman of the table of the general assembly at
functions, by means of advertisements published in two major daily newspapers of wide circulation and
on the site in Internet of the Order, at the minimum 30 days ' notice in relation to the date
designated for the elections.
3-Elections for national bodies and regional bodies take place in the same
date.
Article 27.
Electoral commission
1-With the marking of the date of the elections, an electoral commission is designated, with the
following composition:
a) The chairman of the table of the general meeting in office, who presides;
b) A representative of the board of directors;
c) A representative of the professional and deontological council;
d) A representative of the tax council.
2-The electoral commission competes:
a) Confirm the good organization of the enrolled files and send affixed the
electoral notebooks;
b) Appreciate the complaints about the electoral notebooks;
c) Check the regularity of applications;
d) To promote the surveillance of the electoral process;
e) Decide the complaints about the electoral process.
3-Of the acts of the electoral commission rests with the professional and deontological council.
CHAIR OF THE COUNCIL OF MINISTERS
23
Article 28.
Assembly elections
1-A Election assembly works on voting sections, one in each regional delegation,
taking over the desks of the regional assemblies the functions of polling stations.
2-When this is warranted, the electoral commission may constitute other voting sections,
fixing the composition of the respectable polling stations.
3-A convocation of the electoral assembly fixed the time of operation of the sections of
vote, for period not less than six hours.
Article 29.
Vote
1-Only have the right to vote veterinary doctors with enrollment in force and in full
exercise of your rights.
2-The vote is secret, and may be exercised either presentially or by correspondence, in case
in which it is directed to the president of the respected polling table.
3-In the case of a mail-order vote, the bulletin is closed in overwriting
accompanied by letter with the name and signature of the recognized voter or
accompanied by photocopy of your civil identification document.
4-By deliberation of the general meeting, other means may be established,
particularly electrolytic, exercise of the right to vote.
Article 30.
Resignation to the office and temporary suspension of the exercise of duties
1-When it overcomes relevant reason, the organ member of the Order may apply for the
professional and deontological council the acceptance of resignation or suspension
CHAIR OF THE COUNCIL OF MINISTERS
24
temporary of the exercise of duties.
2-The application must be substantiated, and the suspension may not be allowed for more than six
months.
Article 31.
Effects of disciplinary sanctions
1-The term of office of any member of the organs of the Order cesses when the titular respect
be punished disciplined with sanction higher than that of registered reprimand and by
effect of transit on trial of the respect decision.
2-In the event of a preventive stay, under Article 96, or disciplinary decision
of which appeal is brought, the holder shall be suspended from the exercise of duties until
decision with transit on trial.
Article 32.
Substitutions
1-In the case of termination of the term of office, by resignation, on disciplinary grounds or by death, of the
chairman of collegiate body of the Order, the respected organ, at the first ordinary meeting
subsequent to the fact, elects from among its members a new president and co-opts a
new member.
2-In the case of termination of the term of office, by resignation, on disciplinary grounds or by death, of
other members of collegiate bodies of the Order, the respected organ coopts a new
member.
3-In the cases provided for in the preceding paragraphs, substitutes carry out duties until the
term of the mandate of the predecessor's predecessor.
CHAIR OF THE COUNCIL OF MINISTERS
25
SECTION II
From the congress
Article 33.
Composition and organization
1-The congress is the nationwide advisory body, made up of all the
members of the Order and by other persons who, by satisfying the conditions set out in
regulation approved by the general assembly, in it sign up.
2-The congress is organized by the board of directors in conjunction with the regional council
in whose area the same is carried out.
Article 34.
Competence
It competes for the congress:
a) Take a position on the exercise of veterinary medicine, its status and guarantee;
b) Pronouns on issues of a scientific, technical and professional nature;
c) Approve recommendations of associative and professional character;
d) Elaborate and approve your regiment.
Article 35.
Meetings
1-The congress convenes, ordinarily, every two years and, extraordinarily,
when it is convened by the board of the governing board, either on its initiative or the solicitation of the
professional and deontological advice.
2-The congress meets, preferably, in an alternating manner in each of the areas
CHAIR OF THE COUNCIL OF MINISTERS
26
corresponding to the regional delegations of the Order.
3-The proceedings of the congress are directed by the table of the general assembly.
Article 36.
Health
The congress works on the terms of its regiment, which is approved by the assembly
general, on a proposal from the board of directors and after advice from the professional council and
deontological.
SECTION III
From the general meeting
Article 37.
Composition
1-A General assembly is the representative assembly of all veterinary doctors, elected
by universal suffrage, direct, secret and periodical.
2-A General assembly is composed of elected representatives through the system of
proportional representation in territorial circles corresponding to each of the
regional delegations, according to the number of veterinary doctors with enrollment
in force and professional domicile in the area of the respectful delegation.
3-In each territorial circle corresponding to a regional delegation is elected a
representative for each 300 veterinary doctors with enrollment in force and domicile
professional in the area of the respectful delegation.
4-If the number of veterinary doctors with enrollment in force and professional domicile in the
area of a regional delegation is less than 300, the same elects a representative.
CHAIR OF THE COUNCIL OF MINISTERS
27
Article 38.
Competence
It shall compete with the general meeting:
a) Elect and remove the table of the general assembly;
b) Approve the proposals for activities and budget plan presented by the
directive board;
c) Approve the report and accounts presented by the board of directors;
d) Deliberating on the proposals for amendments to this Statute;
e) Appreciate the activity of national bodies and approve motions and recommendations of
professional and associative character;
f) Set the value of quotas and fees;
g) To approve the regulations necessary for the pursuit of the purposes of the Order;
h) To comment on any matters brought to you by the others
organs;
i) Deliberating on all matters that are not understood in the
specific competences of the remaining organs of the Order;
j) Elaborate and approve your regiment.
Article 39.
Table of the general meeting
The table of the general meeting shall consist of the President, by a Vice-President and by a
secretary, elected by the general assembly.
CHAIR OF THE COUNCIL OF MINISTERS
28
Article 40.
Ordinary meetings
1-A The general meeting shall convene ordinarily for the election of the respective table and for the
discussion and approval of the activity plan, budget, and reporting and accounts.
2-A General assembly aimed at the discussion and approval of the activity plan and the
budget meets in the first fortnight of December of the year preceding that of the financial year
that disregarding respect, the general assembly being aimed at the discussion and
approval of the report and accounts in the first fortnight of April of the immediate year to the
respect exercise.
Article 41.
Extraordinary meetings
The general meeting brings together extraordinarily when the superior interests of the Order o
advise, on the initiative of the bureau, the professional and deontological council, of the
board of directors, of the tax council, of one of the regional assemblies, or of a third of the
veterinary doctors with a seat in the general assembly.
Article 42.
Convocation
The meetings of the general meeting are convened by the president of the respected table, in the
terms provided for in the Code of Administrative Procedure for the convening of
collegiate organs.
CHAIR OF THE COUNCIL OF MINISTERS
29
SECTION IV
From the professional and deontological council
Article 43.
Composition
1-The professional and deontological council is the jurisdictional and supervisory body of the
Order and is composed of seven members elected by universal suffrage, direct, secret and
periodical and by method of representation proportional to the number of votes obtained
by the candidate lists.
2-Application lists should include associates enrolled in each of the delegations
regional, from among members of recognized prestige and professional merit.
3-At the first meeting of each term, the professional and deontological council elects, from
among its members, a vice president and a secretary.
Article 44.
Competence
It is incumbent on the professional and deontological council:
a) Judging the interposed resources on the grounds of illegality of acts of the
other organs of the Order;
b) Resolving the negative or positive conflicts of competence among the organs of the
Order;
c) Deliberating on the requests for escusa, waiver and temporary suspension of
members of the organs of the Order;
d) Exercising the disciplinary power over the members of the Order;
e) Issue the opinions requested by you by the other organs of the Order;
CHAIR OF THE COUNCIL OF MINISTERS
30
f) Elaborate and approve your regiment;
g) Exercise the remaining skills assigned to it by law, by the present
Statute and its regulations.
SECTION V
From the board of directors
Article 45.
Composition
1-The board of directors is the executive body of the Order and is composed of seven members
elected by universal, direct, secret and periodic suffrage.
2-The candidate lists for the election of the board of directors must include associates enrolled in
all regional delegations.
3-The first element of the most voted list is the chairman of the board of directors.
4-In the first meeting of each term, the governing board elects, from among its
members, a vice-president, a secretary and a treasurer.
Article 46.
Competence
1-Compete to the board of directors:
a) Driving the services of the Order of national scope;
b) Define the position of the Order in the face of the organs of sovereignty and the Administration
Public in all that relatids with the pursuit of its assignments;
c) Issue opinion on legislative or regulatory diploma projects that
interested in the exercise of the veterinary medical profession and propose the changes
understand convenient;
CHAIR OF THE COUNCIL OF MINISTERS
31
d) Carry out the deliberations of the general meeting;
e) Elaborate and submit to the approval of the general meeting the plan of activities, the
budget, the report and the annual accounts;
f) Deliberating on applications for enrollment in the Order and issuing the ballots ' respects
professionals;
g) Collect the revenue from the Order and authorize the expenses;
h) Developing the relations of the Order with national or foreign institutions of the
same nature;
i) To propose to the general meeting the value of quotas, fees and other charges to be paid
by the members of the Order;
j) Elaborate and keep up to date the file of the members of the Order;
k) Managing the heritage of the Order;
l) Approve, after hearing of the regional councils and opinion of the council
professional and deontological, the regulations necessary for the implementation of the present
Status and the pursuit of the tasks of the Order;
m) Elaborate and approve your regiment;
n) Organize and make publishing a specialty magazine and a periodical newsletter,
as the informative body of the Order;
o) Exercising the skills in cooperation and recognition of the
professional qualifications;
p) Fix the seat of regional delegations, listened to the regional bodies;
q) Set the percentage of the amount of quotas to be allocated to regional delegations,
listened to the regional bodies;
r) Elaborate and approve your regiment;
CHAIR OF THE COUNCIL OF MINISTERS
32
s) Exercise the remaining powers that the law or regulations ascribe to you.
2-Saved as to the subjects provided for in points b ), c ), and ), f ), i ), l ), m ), the ), p ) and r ) of the number
previous, the board of directors may delegate to any of its members its
competencies.
3-Of the acts practiced in the exercise of the delegated competence, in the terms of the number
previous, it's up to appeal to the board of directors.
Article 47.
Meetings
The board of directors convenes, ordinarily, in the days previously defined by its
president and, extraordinarily, upon convocation of its president, on the initiative
of this or the solicitation of the majority of its members.
SECTION VI
From the bastonary
Article 48.
Definition
The bastonary represents the Order and is the chairman of the board of directing.
Article 49.
Competence
1-Compete to the bastonary:
a) Represent the Order in judgement and outside it;
b) To ensure compliance with this Statute and the Regulations of the Order;
c) Exercising the powers delegated to it by the board of directors;
d) Exercise any competency of the board of directives in cases of urgency.
CHAIR OF THE COUNCIL OF MINISTERS
33
2-The acts practiced by the bastonary in the exercise of the competence provided for in the d ) from the
previous number should be subject to ratification of the board of the board in the first
meeting that to take place after your practice.
SECTION VII
From the tax council
Article 50.
Composition
1-The tax council is composed of a president and a vowel, elected by suffrage
universal, direct, secretive and periodic and by proportional representation method to the
number of votes obtained by the lists of candidates.
2-The members of the tax council are veterinary doctors with enrollment in force in the
Order.
3-The tax council further integrates an official reviewer of accounts, designated by the assembly
general.
Article 51.
Competence
Compete for the tax council:
a) Bimbly appreciate the accounting of the Order, whether that of a national
want the one concerning the regional delegations;
b) Issue opinion on the budget and the report and annual accounts presented
by the governing board and the regional councils;
c) Present to the board of directors and regional councils the proposals that
consider appropriate for the improvement of the patrimonial and financial situation of the
CHAIR OF THE COUNCIL OF MINISTERS
34
Order;
d) Issue the opinions requested by you by the other organs of the Order;
e) Elaborate and approve your regiment;
f) Exercise the remaining skills assigned to it by this Statute
by law and regulations.
SECTION VIII
Of the regional assemblies
Article 52.
Composition
In each regional delegation, a regional assembly operates, consisting of all the
veterinary doctors enrolled in that delegation.
Article 53.
Competence
It competes with the regional assembly:
a) Elect your desk;
b) Electing the respected regional council;
c) Approve, under proposal of the respected regional council, the plan of activities, the
budget and the report and annual accounts;
d) Appreciate the activity of the respected regional council and approve motions and
recommendations of professional and associative character;
e) Submit proposals to national bodies;
f) Deliberating on the subjects presented to you by the respected council
regional or by the board of directors;
CHAIR OF THE COUNCIL OF MINISTERS
35
g) Elaborate and approve your regiment.
Article 54.
Table of the regional assembly
The table of the regional assembly shall consist of a chairman, by a vice president and
by a secretary.
Article 55.
Health
1-A Regional assembly convene ordinarily for the election of the respected table of the
regional council, as well as for the discussion and approval of the activity plan, of the
regional budget and the report and regional accounts.
2-To the convocation and operation of the regional assembly applies, with the necessary
adaptations, the scheme established for the general assembly.
SECTION IX
From regional councils
Article 56.
Composition
1-In each regional delegation, a regional council operates, consisting of five
members elected by the respected regional assembly by method of representation
proportional to the number of votes obtained by the candidate lists.
2-The first element of the most voted list is the chairman of the regional council.
3-At the first meeting of each quadriennium, each regional council elects, from among its
members, the vice-president, the secretary and the treasurer.
CHAIR OF THE COUNCIL OF MINISTERS
36
Article 57.
Competence
1-Compete to the regional council:
a) Represent the regional delegation;
b) Directing the services of the regional delegation and managing heritage to it affection;
c) Elaborate and submit to the approval of the respective regional assembly the plan of
activities, the budget and the report and annual accounts;
d) To cooperate with the other organs of the Order in the pursuit of their assignments;
e) Instruct the enrolment requests in the Order and send them for deliberation of the
board of directors with its opinion;
f) Keep up to date the registration of members of the Order with a professional domicile
in the respect of geographical area;
g) Convene the meetings of the regional assembly;
h) Send, within 15 days after your approval by the respected assembly
regional, the plan of activities, the budget and the annual report and accounts;
i) Carry out the deliberations of the respective regional assembly;
j) Issuing the opinions requested by the other bodies of the Order;
k) To ensure compliance with this Statute and the respect of the Regulations;
l) To collect the revenue of the regional delegation and to authorize the expenditure;
m) To develop the actions necessary to pursue the tasks of the Order in the
respect to its geographical area;
n) Elaborate and approve your regiment.
CHAIR OF THE COUNCIL OF MINISTERS
37
2-Saved as to the subjects provided for in points c ), and ), g ), j ) and n ) of the previous number,
regional council may delegate to any of its members its competences.
3-Of the acts practised in the exercise of delegated powers in the terms of the number
previous is up to appeal to the regional council.
Article 58.
Meetings
The regional council meets on the terms provided for the board of directors, with the
necessary adaptations.
CHAPTER V
Exercise of veterinary medicine
Article 59.
Veterinary medicine
Veterinary medicine consists of the activity whose correct and effective performance depends on
its author meets the requirements set out in the law and translates into the actions that aim for welfare
and animal health, veterinary public hygiene, the inspection of products of animal origin and the
zootechnic improvement of the production of animal species, namely:
a) Actions in the scope of animal health, specifically, in prevention and in the
eradication of zoonoses;
b) Clinical assistance to animals;
c) Hygio-sanitary inspection of animals and their products;
d) Zootechnical assistance to the creation of animals;
e) Technological assistance to industries of animal products;
CHAIR OF THE COUNCIL OF MINISTERS
38
f) Actions within the scope of veterinary public hygiene, particularly in the field of
food;
g) Expertise in subjects that are intimately linked with the activity
veterinarian;
h) Formulation of technical opinions on subjects from the scope of the disciplines
propedeutic university scientific or veterinary clinics carried out by the
veterinarian;
i) Any other actions that, attested to the circumstances, should be carried out by
people with the scientific, technical and professional training specialized in the scope
of veterinary sciences.
Article 60.
Exercise of the profession
1-Without prejudice to the provisions of Articles 62 and 63, only veterinary doctors with
enrollment in force in the Order may exercise, in the national territory, the profession of
veterinary doctor.
2-The exercise of the profession of veterinary medical practitioner in infraction to the number
previous constitutes a crime of usurpation of duties, punished under the provisions of the
point ( b ) of Article 358 of the Criminal Code.
Article 61.
Modes of exercise of the profession
The profession of veterinary doctor may be exercised:
a) On his own, as an independent professional or as an entrepreneur in
individual name;
b) As a partner, administrator or manager of a society of professionals with
activity in the field of veterinary medicine;
CHAIR OF THE COUNCIL OF MINISTERS
39
c) As a worker in public functions, regardless of the nature of your
linkage;
d) As a worker of a natural person, yet this one is not medical
veterinarian, or a collective person.
Article 62.
Professionals of the European Union and of the European Economic Area-Right to
establishment
1-The recognition of professional qualifications of national Member State of the
European Union or the European Economic Area obtained outside Portugal, for your
enrolment as a member of the Order, is governed by Law No. 9/2009 of March 4,
amended by Laws paragraphs 41/2012 of August 28 and 25/2014 of May 2, without prejudice
of special conditions of reciprocity should the qualifications in question have been
obtained outside the European Union or the European Economic Area.
2-The professional who intends to register in the Order under the preceding paragraph and
who pay services, in a subordinate or autonomous manner or in the quality of a partner or
which act as an administrator or manager in the Member State of origin, in the framework of
associative organization of professionals, noted the provisions of Article 37 (4) of the
Law No. 2/2013 of January 10, shall identify the organization concerned in the application
presented in accordance with Article 47 of Law No. 9/2009 of March 4, amended by the
Laws No 41/2012, of August 28, and 25/2014, of May 2.
3-In case the fact to be communicated in the terms of the preceding paragraph occurs after the submission
of the application for recognition of qualifications, shall the associative organization in question
be identified before the Order within a maximum of 60 days.
4-The veterinary doctor of the European Union or of the European Economic Area who has
been suspended or prohibited from exercising the profession, by the professional organization of the
State-Member State of origin, is automatically prevented from exercising its activity
CHAIR OF THE COUNCIL OF MINISTERS
40
in Portugal, with its professional title of origin, while lasting that suspension
or prohibition.
Article 63.
Professionals from the European Union and the European Economic Area-Free
provision of services
1-The legally established professionals in another Member State of the European Union
or the European Economic Area and which there will develop activity comparable to the
professional activity of veterinary doctor, may exercise it, in an occasional way and
sporadic, in national territory, in regime of free provision of services, on the terms
of Law No. 9/2009 of March 4, amended by the Laws 41/2012 of August 28, and
25/2014, of May 2.
2-The professionals referred to in the preceding paragraph shall be equated with veterinary doctors,
for all legal purposes, except where otherwise the result of the provisions in question.
3-The professional who pays services, in a subordinate or autonomous manner or in quality
of a partner or who atue as an administrator or manager in the Member State of origin, in the
scope of associative organization of professionals, and who intend to exercise their
professional activity on national territory in that quality, in free regime
provision of services, must identify before the Order the associative organization, by
account of which it provides services, in the declaration referred to in Article 5 of Law No 9/2009, of 4
of March, amended by the Laws No 41/2012 of August 28, and 25/2014, of May 2.
Article 64.
Societies of professionals
1-Veterinary doctors established in national territory may exercise in group a
profession, as long as they constitute or join as partners in professional societies
of veterinary doctors.
CHAIR OF THE COUNCIL OF MINISTERS
41
2-Can still be business associates of professional medical practitioners:
a) The societies of professionals of veterinary doctors, previously constituted and
entered as members of the Order;
b) The associative organizations of equipared professionals of veterinary doctors,
constituted in another Member State of the European Union or Space
European Economic, whose capital and voting rights fall majoritariously to the
professionals concerned.
3-The capital requirement referred to in para. b ) of the preceding paragraph shall not apply in case of
associative organization does not have social capital.
4-The riding judgement referred to in paragraph 4 b ) of paragraph 2 is governed by:
a) As for nationals of a Member State of the European Union or of Space
European Economic Commission, by Article 1 (4) of Law No 9/2009 of March 4,
amended by Laws No 41/2012 of August 28, and 25/2014, of May 2;
b) As for nationals of third countries whose qualifications have been obtained outside
of Portugal, by the internationally-beholdant reciprocity regime.
5-The societies of veterinary doctors enjoy the rights and are subject to the duties
applicable to professional members of the Order who are compatible with their
nature, being in particular subject to the principles and deontological rules
constants of this Statute.
6-Societies of professionals are not recognised electoral capacity.
7-The members of the executive body of the professional societies of veterinary doctors,
regardless of their quality of members of the Order, they must respect the
principles and deontological rules, technical and scientific autonomy and guarantees
conferred on veterinary doctors by the law and the present Statute.
CHAIR OF THE COUNCIL OF MINISTERS
42
8-Professional societies of veterinary doctors may exercise, on a secondary basis,
any activities that are not incompatible with the activity of physician
veterinarian, in respect of which there is no impediment in the terms of the present
Statute, not being these activities subject to the control of the Order.
9-A The constitution and the functioning of the societies of professionals appear in diploma
own.
Article 65.
Incompatibilities
1-The exercise of veterinary medicine is incompatible with the following functions and
activities:
a) Holder of an organ of sovereignty and member of the respective office;
b) Member of regional government and member of the respected cabinet;
c) President of municipal chamber and full-time councillor;
d) Public manager;
e) Any others that by law are deemed incompatible with the exercise
of veterinary medicine.
2-The members of the Order in situation of incompatibility, in the terms of the number
previous, they must apply for suspension of their enrolment, within the maximum period of 30 days after
the verification or knowledge of the fact that generates incompatibility.
3-After ceasing the situation of incompatibility, the Member of the Order shall give it
knowledge of that circumstance within a maximum of 30 days.
CHAIR OF THE COUNCIL OF MINISTERS
43
Article 66.
Impediments
Veterinary doctors who are workers performing public duties, in
any modality of a public employment legal relationship, or otherwise
provide services to the Public Administration, are barred from exercising medical activity
veterinarian, the title of a liberal profession or subordinate work, directly or indirectly,
in favour of persons, natural or collective, of private law with which to maintain
service relations in the exercise of the functions that play in the Administration
Public.
Article 67.
Identification
The effective members of the Order are obligated, in all the documents they emit in the
exercise of veterinary medicine, to identify with the number of your professional ballot.
Article 68.
Civil liability insurance
1-The exercise of the profession depends on the underwriting of a compulsory insurance of
professional civil liability.
2-It cannot be imposed on a service provider established in another Member State
of the European Union or of the European Economic Area to be subscribed to an insurance of
professional responsibility for the activity developed on national territory, since
that the same has this activity, in whole or in part, covered by insurance, warranty
or equivalent instrument subscribed to or provided in the Member State in which if
find established.
CHAIR OF THE COUNCIL OF MINISTERS
44
3-The insurance, the guarantee or the equivalent instrument, subscribed to in another State
member, partially cover the risks arising from the activity, must the provider of
services complement it in such a way as to cover uncovered risks.
CAPITCHAPTER VI
Disciplinary responsibility
SECTION I
General provisions
Article 69.
Disciplinary infraction
1-It is considered to be infringing all action or omission that consists in violation, by
any member of the Order, of the duties laid down in law, in this Statute or
in the respects regulations.
2-The disciplinary infractions provided for in this Statute and in the other legal provisions
and applicable regulations are punishable by title of dolo or negligence.
Article 70.
Disciplinary jurisdiction
1-Members of the Order are subject to the disciplinary power of the organs of the Order, in the
terms provided for in this Statute and in the disciplinary regulation.
2-A suspension or cancellation of enrollment does not cease to cease liability
discipline for infractions previously practiced by the Member of the Order as such.
3-During the time of suspension of the inscription, the Member of the Order remains subject to the
disciplinary power of the Order.
CHAIR OF THE COUNCIL OF MINISTERS
45
4-A The punishment with the sanction of expulsion does not stop the disciplinary responsibility of the
member of the Order regarding the infractions by him committed prior to the decision
definitive that has applied that sanction.
Article 71.
Independence of the disciplinary responsibility of the members of the Order
1-A disciplinary responsibility is independent of civil and criminal liability
stemming from the practice of the same fact.
2-A disciplinary liability to the Order coexists with any other foreseen
by law.
3-The disciplinary process is promoted regardless of the promotion of any
another.
4-When, on the grounds of the same facts, criminal proceedings have been instituted
against a member of the Order and, to be aware of the existence of a disciplinary infraction,
it is necessary to judge any matter that cannot be properly resolved in the
disciplinary proceedings, the suspension of the disciplinary procedure may be ordered by a
maximum period of one year.
5-A suspension of the disciplinary procedure, in the terms of the preceding paragraph, is communicated
by the Order to the competent judicial authority, to which he shall order the consignment to the Order
of copy of the order dispatch and, if there is any place, of the instructional decision.
6-Elapsed the deadline set in accordance with paragraph 4 without the matter having been resolved, the
question is decided in the disciplinary process.
CHAIR OF THE COUNCIL OF MINISTERS
46
7-Where, in criminal proceedings against Member of the Order, it is designated day for the
trial hearing, the court must order the referral to the Order, preferably
by electronicity, from the order of charge, the dispatch of pronunciation and the
contestation, if it has been presented, as well as any other elements
requested by the board of directors or the bastonary.
8-A disciplinary liability of members before the Order arising from the practice of
infractions is independent of disciplinary responsibility in the face of respect
employers, by infringement of the emerging duties of working relationships.
Article 72.
Disciplinary responsibility of professionals in free provision of
services
Professionals who provide services on national territory in free provision
are equated with the members of the Order for disciplinary purposes, pursuant to paragraph 2 of the
Article 4 of Law No. 9/2009 of March 4, amended by the Laws 41/2012, 28 of
August, and 25/2014, of May 2, with the specificities set out in Article 81 (10).
and of the disciplinary regulation.
Article 73.
Disciplinary responsibility of professional societies
The collective persons members of the Order are subject to the disciplinary power of their
organs, under the terms of this Statute and the diploma establishing the legal regime of the
constitution and operation of the societies of professionals who are subject to
professional public associations.
CHAIR OF THE COUNCIL OF MINISTERS
47
Article 74.
Prescription of the disciplinary procedure
1-The disciplinary procedure extinguishes, by the effect of prescription, as soon as on the
practice of the infraction has elapsed the term of five years, save the provisions of the number
next.
2-If the disciplinary infraction constitutes simultaneously criminal infraction for which the law
establish prescription subject to longer term, the disciplinary procedure only
prescribe after the course of this last term.
3-The limitation period of the disciplinary procedure runs from the day on which the fact is
has consummated.
4-For the purpose of the provisions of the preceding paragraph, the limitation period shall only run:
a) In the instantaneous infractions, from the time of its practice;
b) In the continuing infractions, since the day of the practice of the last act;
c) In the permanent infractions, from the day on which to cease consummation.
5-The disciplinary procedure also prescribes whether, since the knowledge or the
participation effected in accordance with paragraph 1 of the following article, not to start the proceedings
competent disciplinary at the time of one year.
6-The limitation period of the disciplinary procedure suspending itself during the time in
that:
a) The disciplinary process is suspended, awaiting dispatch of prosecution or of
pronunciation in criminal proceedings;
CHAIR OF THE COUNCIL OF MINISTERS
48
b) The final decision of the disciplinary procedure cannot be notified to the accused, by
reason that is attributable to him.
7-A suspension, when it results from the situation provided for in the paragraph b ) of the previous number, no
may exceed the period of two years.
8-The limitation period comes back to running from the day on which the cause of the suspension is ceased.
9-The limitation period of the disciplinary procedure shall be interrupted by the notification to the
argued:
a) Of the establishment of the disciplinary procedure;
b) From the prosecution.
10-After each period of interruption begins to run new limitation period.
SECTION II
From the exercise of disciplinary action
Article 75.
Exercise of disciplinary action
1-Have legitimacy to participate in the Order facts susceptible to constituting infringement
discipline:
a) Any person directly or indirectly affected by these;
b) Any holder of organ of the Order;
c) The Public Ministry.
2-Courts and any authorities shall give notice to the Order of practice, by
part of members of this, of facts susceptible to constituting disciplinary infraction.
3-Without prejudice to the provisions of the law of criminal procedure about the secret of justice, the
Prosecutor's Office and the criminal police bodies refer to the Order certiit of the
CHAIR OF THE COUNCIL OF MINISTERS
49
complaints, holdings or complaints filed against members of this who may
to substantiate facts susceptible to constitute disciplinary infraction.
Article 76.
Desistance of participation
The dismissal of the disciplinary participation by the participant extinguishes the disciplinary procedure,
save if the imputed infraction:
a) Affect the dignity of the member of the Visit Order and this manifests the intention of
that the process proceed; or
b) Affect the prestige of the Order or the profession.
Article 77.
Disciplinary competence
1-Unless the provisions of the following number, compete with the professional and deontological council
the exercise of disciplinary power.
2-The exercise of disciplinary power with respect to the members of the professional council and
deontological incumbent competes in this body assembled in conjunction with the tax council.
Article 78.
Introduction of the disciplinary procedure
1-Any organ of the Order, officiously or having on the basis of complaint, complaint or
participation submitted by duly identified person, containing facts
susceptible to integrating disciplinary infraction practiced by member of the Order,
communicates, immediately, the facts to the competent body for the initiation of proceedings
discipline.
2-The disciplinary procedure is instituted upon decision by the chairman of the board
professional and deontological or by deliberation of this advice, on your initiative or with
CHAIR OF THE COUNCIL OF MINISTERS
50
basis in complaint, complaint or participation submitted pursuant to the preceding paragraph.
3-The disciplinary proceedings against the bastonary or against any member of the board
professional and deontological in effectivity of duties can only be instituted by
deliberation of the general assembly, passed by an absolute majority.
4-When it concludes that participation is unfounded, hers gives knowledge to the member
of the Targeted Order and are issued the certificates that the same understand necessary for the
tutelage of your legitimate rights and interests.
Article 79.
Procedural legitimacy
Persons with a direct, personal and legitimate interest regarding the facts involved
may request the Order to intervene in the process, requiring and claiming what
have for convenient.
Article 80.
Subsidiary law
Without prejudice to the provisions of this Statute, the disciplinary procedure shall be governed by
disciplinary regulation, being in a subsidiary to be applicable to the procedures
provided for in the General Labor Law in Public Functions, passed by Law No. 35/2014,
of June 20.
SECTION III
From disciplinary sanctions
Article 81.
Disciplinary sanctions
1-The disciplinary sanctions are as follows:
CHAIR OF THE COUNCIL OF MINISTERS
51
a) Warning;
b) Repreension registered;
c) Fine, to graduate between one and 10 times the value of the Indexing of Social Apoios
(IAS) or, in the case of collective or equiped persons, to graduate from 10 to 100
times the value of the IAS;
d) Suspension of the professional exercise, to be graduated between three months and 10 years;
e) Expulsion.
2-A The warning sanction is applied to light infractions in the exercise of the profession.
3-A The sanction of registered reprimand is applicable to light infractions in the exercise of the profession,
to which, in the reason of the guilt of the accused, do not fall mere warning.
4-A penalty of fine is applicable to serious infractions.
5-A suspension sanction is only applicable when, taking into account the nature of the
profession, the infraction is serious and has put into question the life or physical integrity of the
people or animals, or is gravely injured by the honour or the heritage of the alheios or
of equivalent values.
6-A expulsion sanction only is applicable to very serious infractions that affect such
forms the professional dignity and prestige, which definitely make it impossible to
exercise of the professional activity in question, without prejudice to the right to rehabilitation, in the
terms of this Statute.
7-The suspension and expulsion sanctions shall not have the origin of the default by the
a member of the duty to pay quotas or any other duty of pecuniary nature.
8-Exceed from the provisions of the preceding paragraph the default by the Member of the duty of
pay quotas, which can give way to the application of suspension sanction when it is apure
that that non-compliance is culpable and extends over a period of more than 12
months.
CHAIR OF THE COUNCIL OF MINISTERS
52
9-In the situation provided for in the preceding paragraph, voluntary payment of quotas in
debt determines the impossibility of application of suspension sanction or its
extinction, if it has already been applied.
10-In the case of professionals in regime of free provision of services in territory
national, the penalties provided for in paragraphs 5 and 6 assume the form of temporary interdiction
or definitive of the exercise of the professional activity in this territory, depending on the cases,
applying, with the necessary adaptations, the provisions of Article 110.
11-A more serious sanction application than that of reprimand registered the member who
exercise some office in the organs of the Order determines the immediate ousting of that
job title, with no dependence on deliberation of the general assembly in this direction.
12-The product of the fines applied reverses in favour of the Order.
13-Whenever the infraction results from the breach by omission of a duty, compliance
of the sanctions applied does not waiver the defendants ' compliance with that, if this is still
possible.
Article 82.
Application of disciplinary sanctions
1-In the application of disciplinary sanctions, it must meet the professional background and
disciplining of the accused, the degree of guilt, the gravity and the consequences of the infraction, the
economic situation of the accused and to all the other mitigating circumstances or
aggravating.
2-Are mitigating circumstances:
a) The effective exercise of professional activity for a period of more than five
years, followed or interpolated, without any disciplinary penalty;
CHAIR OF THE COUNCIL OF MINISTERS
53
b) The confession of the infraction or the infractions;
c) The collaboration of the accused for the discovery of the truth;
d) The remediation of damage caused by the lesive conduct.
3-Are aggravating circumstances:
a) Premeditation in the practice of the infraction and the preparation thereof;
b) The collusion;
c) The recidivism, considering itself as such the practice of infraction before
elapsed the term of five years after the day on which it becomes final to
conviction for previous infraction of infringement;
d) The accumulation of infractions, whenever two or more infractions are committed
at the same time or when another is committed before it has been punished to
previous;
e) The fact that the infraction or infractions are committed during the performance of
disciplinary sanction or in the course of the period of suspension of disciplinary penalty;
f) The production of injury of considerable value, understanding as such the
injury that exceeds the value of half of the level of the courts of the relationship.
Article 83.
Application of ancillary sanctions
1-Cumulatively with the application of the disciplinary sanctions provided for in Article 81,
the following ancillary sanctions can be applied:
a) Mandatory frequency of supplementary training shares to the shares of
compulsory training;
b) Restitution of amounts, documents or objects;
c) Loss, total or partial, of fees and the costing of expenses;
CHAIR OF THE COUNCIL OF MINISTERS
54
d) Loss of the product of the benefit obtained by the accused;
e) Ineligibility for organs of the Order for a maximum period of 10 years.
2-The ancillary sanctions can be cumulated with each other.
3-In the application of the ancillary sanctions must meet the criteria set out in the article
previous.
4-A the application of the ancillary penalties provided for in points c ) and d ) of paragraph 1 determines the loss
in favour of the Order, save as to whether it deals with amounts, documents or objects
belonging to the third case in which the provisions of Article 110 of the Code apply to them
Penal, with due adaptations.
Article 84.
Unity and accumulation of infractions
Without prejudice to the provisions of the ancillary sanctions, it cannot be applied to the same
member of the Order more than a disciplinary sanction for every punishable fact.
Article 85.
Suspension of sanctions
1-Taking into consideration the degree of guilt, the behavior of the accused and the rest
circumstances of the practice of the infraction, disciplinary sanctions lower than expulsion
may be suspended for a period of between one and five years.
2-Cessa the suspension of the penalty whenever, in respect of the Member of the punished Order,
is delivered final decision of conviction in new disciplinary proceedings.
Article 86.
Application of suspension and expulsion sanctions
1-A The application of the suspension penalties for the professional exercise for a period of more than
two years or expulsion can only take place after public hearing, in the terms provided for
CHAIR OF THE COUNCIL OF MINISTERS
55
in the disciplinary regulation.
2-Sussuspension penalties for a period of more than two years or expulsion may only be
applied for deliberation that assemble the qualified majority of two-thirds of the members
of the professional and deontological council.
Article 87.
Implementation of sanctions
1-Compete to the board of directors to give execution to the decisions rendered in a process seat
discipline, specifically practicing the acts required for the effective suspension or the
cancellation of the enrolment of the members to whom the sanctions are applied
suspension and expulsion, respectively.
2-A The application of the sanction of suspension or expulsion implies the temporary prohibition or
definitive, respectively, of the practice of any professional act and the delivery of the ballot
professional at the headquarters of the Order or the regional delegation in which the accused has his /
professional domicile, in the applicable cases.
Article 88.
Start of production of effects of disciplinary sanctions
1-The disciplinary sanctions initiate the production of its effects on the day after that in
that the decision that has applied them becomes final.
2-If, on the date on which the decision becomes final, the inscription of the accused is suspended,
compliance with the disciplinary penalty of suspension commencement the day after that of the
lifting of the suspension.
Article 89.
Deadline for payment of the fine
CHAIR OF THE COUNCIL OF MINISTERS
56
1-The fines imposed under the terms of the paragraph c ) of Article 81 (1) shall be paid in the
period of 30 days, counting from the beginning of production of effects of the sanction sanction.
2-To the Member of the Order who does not pay the fine within the time limit referred to in the preceding paragraph is
suspended its enrollment, upon decision of the disciplinarily competent body, the
which is communicated to you.
3-A suspension can only be lifted after payment of the importance in debt.
Article 90.
Communication and advertising
1-A The application of the penalties provided for in points b ) a and ) of Article 81 (1) is communicated
by the board of directors:
a) To the society of professionals or associative organization on account of which the
accused were providing services at the date of the facts and the date of the conviction by the practice of the
disciplinary infraction; and
b) To the authority of another Member State of the European Union or Space
European Economic which is competent for the control of the activity of the accused
established in that same Member State.
2-When the sanction applied for suspension or expulsion, publicity is given of the
same on the site in the Internet of the Order and in places deemed to be of idogens for the
compliance with the general prevention purposes.
3-If it is decided the preventive suspension or is applied for suspension or penalty
expulsion, the board of directors must enter the corresponding annotation on the lists
permanent members of the Order released by computer means.
4-A publicity of disciplinary sanctions, preventive suspension and sanctions
ancillary is promoted by the disciplistically competent body, being effected
CHAIR OF THE COUNCIL OF MINISTERS
57
expensed from the accused.
5-Without prejudice to the provisions of the preceding paragraph, the Order restitutes the amount paid by the
argued to give publicity to your preventative suspension whenever this one does not come to
be sentenced in the context of the respective disciplinary procedure.
Article 91.
Prescription of disciplinary sanctions
1-The disciplinary sanctions prescribe us on the following deadlines:
a) Of two years, those of warning and reprimand registered;
b) Of four years, that of fine;
c) From five years, those of suspension and expulsion.
2-The limitation period runs from the day after the one in which the decision it has
applied for disciplinary sanction becomes final.
3-A The prescribing of the disciplinary penalty involves the limitation of the ancillary sanction that does not
has been executed, as well as the effects of the sanction that still if they do not
verified.
Article 92.
Principle of enrollment in the Order
1-The individual process of the members of the Order includes a enrolment, of which they are listed
disciplinary sanctions referred to in points b ) a and ) of Article 81 (1) and the sanctions
ancillary that have been applied to them.
2-The enrollment is managed by the board of directors, based on the elements communicated by the
disciplinary bodies of the Order.
CHAIR OF THE COUNCIL OF MINISTERS
58
3-A The conviction of a Member of the Order in criminal proceedings is communicated to the Order
for the effect of averaging to the enrollment respect.
4-The sanctions referred to in points b ) and c ) of Article 81 (1) are removed from the enrollment
after the course of the five-year period, to the following of its compliance.
SECTION IV
From the process
SUBSECTION I
General provisions
Article 93.
Compulsion
The application of a disciplinary sanction is always preceded by the finding of the facts and the
disciplinary liability in own process, in the terms provided for in the present
Status and the disciplinary regulation.
Article 94.
Forms of the process
1-A disciplinary action may behave in the following ways:
a) Process of inquiry;
b) Disciplinary process.
2-The inquiry process is applicable when it is not possible to clearly identify the
existence of a disciplinary infraction or the infringing respect, imposing itself on
of summary representations for the clarification or realization of the facts in question.
3-Applies to the disciplinary process whenever there are indications that it is determined
CHAIR OF THE COUNCIL OF MINISTERS
59
member of the Order practiced properly realized facts, susceptible to constituting
disciplinary infraction.
4-After ascertaining the identity of the offender, or, as soon as they show minimally
concretized or clarified the participating facts, being they susceptible to constitute
disciplinary infraction, is proposed the immediate conversion of the inquiry process into
disciplinary proceedings, upon appearing succinctly reasoned.
5-When participation is manifestly unviable or unfounded, it should the same be
liminally filed, giving fulfillment to the provisions of Article 78 (4).
6-Whether of the analysis of the conduct of a member of the Order held in the context of the
enquiry results evidence enough evidence of the practice of disciplinary infraction punishable by sanction
of warning or registered reprimand, the competent disciplinary body may
determine the provisional suspension of the proceedings by the imposition of the accused of
rules of conduct or payment of a certain amount, by way of surety,
where the following cumulative assumptions are checked:
a) Absence of previous application of provisional suspension of the process by the same
type of infraction; and
b) Absence of a high degree of guilt.
7-In the case provided for in the preceding paragraph, the following measures shall apply to the following:
a) Payment, within 10 working days, of an amount between one and five times the
value of the IAS or, in the case of collective persons or equiparees, between five and 50
times the value of the IAS;
b) Implementation of a plan to restructure its activity, in the terms and in the
term that are set;
c) Frequency of supplementary training actions to the training shares
CHAIR OF THE COUNCIL OF MINISTERS
60
mandatory, in the terms and in the time limit they are set.
8-The default of the determined measures, referred to in the preceding paragraph, implies
the continuation of the disciplinary proceedings provisionally suspended pursuant to paragraph 6 and
of the previous number.
9-If the accused complies with the determined measures, the case is filed and shall be
returned the amounts referred to in the paragraph a ) of paragraph 7.
Article 95.
Disciplinary procedure
1-The disciplinary procedure shall be governed by this Statute and the disciplinary regulation.
2-The disciplinary process is composed of the following phases:
a) Instruction;
b) Prosecution and defence of the accused;
c) Decision;
d) Execution.
3-Regardless of the phase of the disciplinary procedure, they are assured to the accused all the
guarantees of defence, in the general terms of law.
Article 96.
Preventive suspension
1-After the hearing of the accused or if this, having been notified, does not appear to be
heard, can be ordered for your preventive suspension, upon deliberation taken
by qualified majority of two thirds of the members in effectivity of functions of the
CHAIR OF THE COUNCIL OF MINISTERS
61
professional and deontological advice.
2-A suspension referred to in the preceding paragraph shall only be enacted in cases where
there are indications of the practice of disciplinary infraction to which it corresponds to one of the sanctions
provided for in points d ) and and ) of Article 81 (1)
3-A The preventive suspension shall not exceed three months, save in the case provided for in paragraph 2 of the
article 31 para.
4-A preventive suspension is always discounted by whole in the fulfillment of the sanction of
suspension.
Article 97.
Secret nature of the process
1-The process is of a secret nature until the dispatch of prosecution or archiving.
2-The rapporteur may, however, authorize the consultation of the case by the accused, by the participant,
by the Public Prosecutor's Office, by the criminal police bodies or by the interested parties, when
hence it does not result inconvenient for the instruction and under condition of not being disclosed the
that of him const.
3-The accused or the person concerned, when he is a member of the Order, who does not respect nature
secret of the process incurs disciplinary responsibility.
SUBSECTION II
From the statement
Article 98.
Instruction
1-In the instruction of the disciplinary process, must the rapporteur make the material truth prevail,
remove the obstacles to your regular and rapid progress and refuse whatever is useless or
dilatory, always without prejudice to the right of defence.
CHAIR OF THE COUNCIL OF MINISTERS
62
2-The rapporteur may requisition for representations to the chairman of the regional council
in whose area the facts in question have been practiced.
3-In the instruction of the case, all means of proof in law are admissible
allowed.
Article 99.
Term of the statement
1-Finda the instruction, the reporter professes dispatch of prosecution or issues opinion
reasoned that it completes by the filing of the process or why this stay
await the production of better proof.
2-Not being delivered an order dispatch, the rapporteur presents the opinion in the first
meeting of the professional and deontological council, in order to be deliberated the filing
of the process and the production of better evidence, or determined that this will proceed with the
realization of complementary representations or with the dispatch of prosecution.
SUBSECTION III
From prosecution and defence
Article 100.
Dispatch of prosecution and its notification
1-The order dispatch shall specify the identity of the accused, the facts imputed and
the circumstances in which the same were practiced, the legal standards and
infringed regulations and the deadline for the submission of the defence.
2-The accused is notified of the charge, either personally or by registered letter with notice of
recetion, with the delivery of the copy.
Article 101.
Defence
CHAIR OF THE COUNCIL OF MINISTERS
63
1-The deadline for the submission of the defence is 20 days.
2-The accused can nominate for his defence a specially-mandated representative
to that effect.
3-A The defence should clearly and concisely expose the facts and the reasons that substantiate it.
4-With the defence, you must the accused present the rol of witnesses, gather documents and
require the necessary representations for the finding of the facts specified.
5-There can be no more than five witnesses for each fact and their total no
may exceed 20.
Article 102.
Allegations
Carried out the representations referred to in the previous article and others which are determined
by the rapporteur, the person concerned and the accused are notified to claim in writing on the deadline
of 20 days.
SUBSECTION IV
Of the decision
Article 103.
Decision
1-Finda the instruction, the process is present to the professional and deontological council for
decision, being laundered and signed the respected judgment.
2-The penalties provided for in the paragraphs d ) and and ) of Article 81 (1) can only be applied
by deliberation that obtains two thirds of the votes of the members in effectiveness
of duties of the professional and deontological council.
Article 104.
CHAIR OF THE COUNCIL OF MINISTERS
64
Notification of the judgment
Without prejudice to the provisions of Article 90, final judgments are notified to the defendants and to the
interested.
SUBSECTION V
Of the resources
Article 105.
Recurrable decisions
1-Of decisions taken in disciplinary matters rests with the plenary of the council
professional and deontological, when it is this the disciplined body.
2-Of the other decisions taken in disciplinary matters of which it does not fall into appeal in the
terms of the previous number are up to administrative appeal, in the general terms of law.
3-The decisions of mere expedient or concerning the discipline of the works are not
actionable in the terms of the previous numbers.
SECTION V
From the review
Article 106.
Fundamentals and admissibility of the review
1-It is permissible to review the final decision delivered by the organs of the Order with
disciplinary competence whenever:
a) A court ruling transitioned on trial to consider false any
elements or means of evidence that have been determinant for the decision
revidend;
CHAIR OF THE COUNCIL OF MINISTERS
65
b) A court ruling carried out on trial has given as a proven crime
committed by member or members of the organ that delivered the decision revidend and
related to the exercise of their duties in the process;
c) The facts that have served as a foundation of the sentencing decision are
irreconcilable with those that are given as proven in another definitive decision
and of the opposition to result serious doubts about the fairness of the conviction;
d) If you discover new facts or means of proof that, by you or combined with
those who have been appreciated in the process, whisper grave doubts about the justice of the
sentencing decision delivered;
e) If you find that you have served on the grounds of the conviction prohibited evidence in the
terms of the law;
f) It is declared, by the Constitutional Court, the unconstitutionality with force
general mandatory standard of content less favorable to the defendants who have
served on the grounds of conviction;
g) A binding sentence of the Portuguese State, delivered by an instance
international, is irreconcilable with the conviction or raise grave doubts
about your justice.
2-A simple allegation of illegality, formal or substantial, of the process and of the decision
disciplining does not constitute grounds for the review.
3-A review is admissible even if the procedure finds itself extinct or the sanction
prescribed or abiding.
Article 107.
Legitimacy
CHAIR OF THE COUNCIL OF MINISTERS
66
The request for review of the decision must be formulated, in application, by the person concerned or
by the convict or, having these deceased, by their spouses, descendants, adopted,
ascenders, adopters, relatives or related to the 4 th grade of the collateral line, or heirs that
show a legitimate interest or yet by whom the convict has received
express incumbency.
Article 108.
Instruction
1-Presented the application, is effectuated the distribution, being subsequently the convict or
the interested person notified to respond to the request for review within one month.
2-With the request and the answer is offered all the proof.
Article 109.
Judgment
1-Realized the required representations and those that have been deemed necessary, the
reporter elaborates on his opinion, following the process with 25 days to each of the members
of the professional and deontological council.
2-Fishing the visa deadline, the process is submitted to the deliberation of the professional council and
deontological.
3-A The granting of review has to be voted on by the absolute majority of the members of the
professional and deontological advice.
SECTION VI
From rehabilitation
Article 110.
Rehabilitation
1-In the case of application for sanction of expulsion, the previous Member of the Order may be
CHAIR OF THE COUNCIL OF MINISTERS
67
rehabilitated, upon a duly reasoned request to the council
professional and deontological and provided that you cumulatively check the following
requirements:
a) Have elapsed more than five years on transit on trial of the decision
that applied the punishment of expulsion;
b) The rehabilitating has revealed good conduct, and may, in order to demonstrate it, use
any legally permissible means of proof.
2-It shall apply to the application for rehabilitation, with the necessary adaptations, the scheme of the
process of review of decisions.
3-Should the rehabilitation be dewound, the member of the rehabilitated Order recovers fully
their rights, with publicity being given to the rehabilitation decision under the terms of the n.
is 4 of Article 90, with the necessary adaptations.
CAPITCHAPTER VII
Revenue and expenses of the Order
Article 111.
Budget, financial management and public procurement
1-A Order has own budget, proposed by the board of directors and approved by the
general assembly.
2-A Order is subject:
a) To the rules of budgetary balance and limitation of indebtedness
established in their own diploma;
b) To the regime of the Code of Public Procurement;
c) To the regime of accounting normalization for sector entities not
lucrative, which integrates the Accounting Normalization System.
CHAIR OF THE COUNCIL OF MINISTERS
68
3-The State does not guarantee the financial responsibilities of the Order, nor is it responsible
by your debts.
Article 112.
Recipes of the Order
1-Constitutions revenue of the Order, at the national level:
a) The product of the quotas of its members;
b) The product of fees, prices and any other amounts collected by removal
of obstacles, services provided or activities developed;
c) The liberalities, appropriations and subsidies that are made or granted
by any natural persons or collectives;
d) The interest of bank deposits and financial applications;
e) The income of the movable and immovable property of the Order and the product of its
alienation;
f) The product of fines applied for disciplinary infractions;
g) Any other recipes assigned to it by virtue of the law.
2-A collection of claims resulting from the revenue referred to in points a ) and b ) of the number
previous follows the process of tax execution.
Article 113.
Revenue of regional delegations
They constitute revenue of the regional delegations:
CHAIR OF THE COUNCIL OF MINISTERS
69
a) The percentage of the amount of the shares of the members entered in the delegation
regional fixed by the governing board;
b) The product of the activities of the regional scope developed by the respected
services;
c) The income of the movable and immovable property of the Order that are affections to them;
d) The interest of your bank deposits;
e) Any other recipes that are assigned to them by law.
Article 114.
Quotas
1-All members of the Order have a duty to pay an annual quota.
2-The amount of the annual quota shall be set by the general meeting, by an absolute majority, under
proposal of the board of directors, having on the basis of a study that mersely
properly the proposed amounts.
3-Members of the Order are notified to make the payment of the annual quota in the
period of 30 days.
Article 115.
Expenses of the Order
Constitute expenses of the Order the spending on facilities and personnel, maintenance,
operation and all the remaining necessary for the pursuit of its assignments.
Article 116.
Personnel
1-The workers of the Order shall apply for the scheme provided for in the Labour Code and in the
CHAIR OF THE COUNCIL OF MINISTERS
70
respects supplementary legislation.
2-A contract celebration of work is preceded by a selection process that
obeys the principles of equality, transparency, advertising and the
statement of reasons on objective selection criteria, in the terms of regulation to be approved
by the general assembly on a proposal from the board of directors.
CAPITV VIII
Supplementary provisions
Article 117.
One-stop shop
1-All requests, communications and notifications or statements relating to the
veterinary medicine between the Order and its members, society of doctors
veterinarians, other professional associative organisations, or providers of services
referred to in Article 63, with the exception of those relating to disciplinary procedures, are
by electronic transmission of data, through the single electrolytic counter of the
services, accessible through the website of the Order.
2-A presentation of documents in simple form pursuant to the previous number
dispensing the consignment of the original, authentic, authenticated or certified documents,
without prejudice to the provisions of the provisions of a ) and c ) of paragraph 3 and in paragraphs 4 and 5 of Article 7 of the
Decree-Law No. 92/2010 of July 26.
3-When it is not possible to comply with the provisions of paragraph 1, on grounds of
unavailability of the electrolytic platforms, as well as in cases where the
interested do not have means that will enable you to access them, the transmission
of the information referred to in this article may be made by delivery on the services of the
Order, by remittance by mail under registration, by fax or by electro mail.
CHAIR OF THE COUNCIL OF MINISTERS
71
4-Are still applicable to the procedures that elapse between the Order and its
members or society of veterinary doctors the provisions of the subparagraphs d ) and and ) from the
article 5 and in Article 7 (1) of the Decree-Law No 92/2010 of July 26.
Article 118.
Transparency
Without prejudice to the provisions of Article 6 (3) of the Decree-Law No 92/2010 of July 26,
and in Article 19 (4) of Directive No 2000 /31/CE, of the European Parliament and of the
Council of June 8, 2000 on certain legal aspements of the services of society
of information, in particular of the electronical trade, in the domestic market, the Order shall
make available to the general public by means of their electro-site at least the following
information:
a) Regime of access and exercise of the profession;
b) Principles and deontological rules and technical standards applicable to your
associates;
c) Updated record of professional enrolled professional respects that behold, by the
less:
i) The name, the professional domicile and the number of wallet or ballot
professionals;
ii) The designation of the professional title;
iii) The situation of suspension or temporary interdiction of the exercise of the activity,
where appropriate;
CHAIR OF THE COUNCIL OF MINISTERS
72
d) Updated registration of professionals in free provision of services in the territory
national, which are deemed to be entered in the Order pursuant to paragraph 2 of the article
4 of Law No. 9/2009 of March 4, amended by Laws No. 41/2012, 28 of
August, and 25/2014, of May 2, which behold, at least:
i) The name and professional domicile and, in case there is, the designation of the title
professional of origin;
ii) The identification of the professional public association in the Member State of
origin, in which the professional finds himself enrolled;
iii) The situation of suspension or temporary interdiction of the exercise of the activity,
where appropriate;
iv) The information relating to the companies of professionals or other forms of
associative organization of professionals to provide services in the
State-Member State of origin, in case here you provide services in that capacity;
e) Updated registration of societies of veterinary doctors and other forms of
associative organization inscribed that includes, inter alia, the designation, the
seat, the enrolment number and the tax identification number or equivalent;
f) Updated registration of the remaining providers of professional services referred to in
final part of Article 24 (2) of the Law No 2/2013 of January 10, if any
the obligation to register, which shall behold the respect of the name or designation and its
household, head office or main establishment;
g) Procedure for filing a complaint or complaints by the recipients
concerning the services provided by the professional in the scope of his
activity;
h) Offers of employment in the Order.
CHAIR OF THE COUNCIL OF MINISTERS
73
Article 119.
Audit by the Court of Auditors
The Order is subject to the jurisdiction of the Court of Auditors, pursuant to the Act
of Organization and Process and in the General Rules of the Court of Auditors.
Article 120.
Annual report and information duties
1-A Order elabates annually a report on the performance of its tasks, the
which shall be submitted to the Assembly of the Republic and to the Government, by March 31 of
each year.
2-A Order provides the Assembly of the Republic and the Government with all the information that it
is requested in respect of the exercise of its assignments.
3-The bastonary of the Order shall correspond to the request of the parliamentary committees
competent to provide the information and clarifications that these require.
CHAIR OF THE COUNCIL OF MINISTERS
74
ANNEX II
(referred to in Article 5)
Republication of the Decree-Law No. 368/91 of October 4
