Informal Translation of Second State of Emergency Decree

An informal translation of the August 7 State of Emergency Decree is listed below.  Individuals should consult the original decree in Portuguese as the authoritative guidance on COVID-19 prevention measures and regulations.

Tuesday, August 11, 2020                                                 Series I – Number 153

NATIONAL GAZETTE

Official publication of the republic of Mozambique 

SUPPLEMENT 

SUMMARY

Council of Ministers: 

Decree No. 69/2020: 

Approves the administrative execution measures to contain the spread of the pandemic COVID-19, in force during the State of Emergency

COUNCIL OF MINISTERS

Decree No. 69/2020

of 11 August

In view of the increase in the number of cases of COVID-19 infection in the country, the President of the Republic, through Presidential Decree No. 23/2020, of 5 August, ratified by Law No. 9/2020, of 7 August, declared the State of Emergency across the national territory, for 30 days. With the need to define measures that allow a gradual return to normality, through a “New Normal” and, at the same time, consolidate efforts, aiming to delay the spread of the disease, under the provisions of article 2 of Law no. 9/2020, of August 7, the Council of Ministers decrees:

ARTICLE 1

(Object)

Administrative execution measures are approved to contain the spread of the pandemic COVID-19, to be in force during the Emergency State,

ARTICLE 2

(Scope of application)

This Decree applies to all national and foreign citizens and public and private institutions, in the national territory.

ARTICLE 3

(Prevention and combat measures)

The general measures to prevent and combat the pandemic COVID-19 are the following:

a) Use of masks and/or visors;

b) Frequent hand washing with water and soap or ash;

c) Interpersonal distance, minimum 1.5 meters;

d) Cough etiquette;

e) Do not share personal utensils.

ARTICLE 4

(Quarantine, Isolation and internment)

1. All persons who have had direct contact with confirmed cases of COVID-19 are subject to the compulsory home quarantine regime of 14 consecutive days.

2. All passengers arriving in the country:

a) they must present proof of a Polymerase Chain Reaction (PCR) test with a negative result for SARS-CoV-2, carried out in the country of origin in the last 72 hours before departure;
b) are subject to the mandatory home quarantine regime of 10 consecutive days;
c) they must carry out a new Polymerase Chain Reaction (PCR) test with a negative result for SARS-CoV-2 at the end of the quarantine period, with the costs of testing being borne by them;
d) if it is impossible for the passenger to bear the costs of testing, they must comply with the provisions of paragraph 1 of this article.

3. Passengers who present a positive test in the procedure described in paragraph c) above, must comply with the regime described in number 4 of this article.

4. Patients with SARS-CoV-2 infection are subject to the following regimen:

a) mandatory home isolation, if they do not have medical criteria for hospitalization;
b) institutional isolation or internment in an appropriate health facility for therapeutic purposes, if they have medical criteria for hospitalization defined by the competent authorities;
c) the criteria for discharge from home isolation are defined by the Ministry that oversees the area of Health.

5. Violation of the provisions of paragraphs b) of number 2 and a) of number 3 of this article gives rise to confinement at home or in an appropriate establishment, with preventive objectives.

ARTICLE 5

(Visit to hospital establishments)

1. Visits to citizens hospitalized in hospital establishments are reduced to a maximum of two people per day, for each patient.
2. Visiting patients with COVID-19 is prohibited.

ARTICLE 6

(Expansion of the screening and testing scale)

Public health authorities, in partnership with private ones, must create the necessary conditions for the expansion of the COVID-19 screening scale and testing.

ARTICLE 7

(Special protection)

1. Citizens at risk of contagion by COVID-19 are subject to special protection, namely:
a) aged 65 or over;
b) patients with a disease considered to be at risk, according to the guidelines of the health authorities, namely immunocompromised patients, renal patients, hypertensive patients, diabetics, cardiovascular patients, patients with chronic respiratory disease and cancer patients;
c) pregnant women.

2. Citizens covered by the provisions of the preceding paragraph, when they have an employment relationship with public or private entities, which must provide service during the period of validity of the State of Emergency, have priority in exemption from on-site work activity.

ARTICLE 8

(Use of masks and/or visors)

1. The use of masks and/or visors is mandatory in all places of agglomeration of people, in public spaces, in markets and common areas.
2. It is mandatory to use masks and/or visors in collective and semi-collective passenger transport.
3. The use of protective masks, cloth or other material is allowed, favoring those made by the community, with the purpose of covering the nose and mouth, under the terms recommended by the Ministry that oversees the health area.

ARTICLE 9

(Request for the provision of health services)

1. The civil requisition of doctors, nurses and other health personnel, outside the National Health System, is determined.
2. Are exempted from the provisions of the previous number, doctors, nurses and other health personnel who are particularly vulnerable to the COVID-19 pandemic, including those covered by article 7 of this Decree.
3. It is up to the Ministry that oversees the health area to create conditions for the implementation of the measures provided for in this article.

Article 10

(Visits and visa suppression agreements)

During the term of the State of Emergency:
a) The issuance of a visa for entry to the national territory is limited;
b) Visa suppression agreements between the Mozambican State and other States are suspended.
2. The counting of the time of stay at national territory is suspended in relation to the technicians who provide services to the structuring projects of the State, and this fact must be articulated and confirmed between the ministers of interest in the project in question and the ministers who superintend the areas of migration, labor and foreign affairs.
3. Exceptionally, entry visas to national territory may be granted for reasons of State interest and humanitarian issues, without prejudice to compliance with the measures to prevent and combat the pandemic of COVID-19,

Article 11

(Licenses and authorizations)

As long as the State of Emergency is in force, licenses, authorizations or other types of administrative acts remain valid regardless of the term.

ARTICLE 12

(Validity of expired official documents)

1. The following official documents are considered effective until 30 September 2020:
a) Identity Card;
b) Driving license;
c) Identification and Residence Document for Foreigners and temporary visitors; and
d) Motor vehicle import clearance.
2. The issue of the documents referred to in paragraph 1 of this article is resumed, with strict observance of the measures to prevent and combat Covid-19, under the terms of this Decree.

ARTICLE 13

(Closing of entry borders)

1. All crossing points are closed, with the exception of the following:
a) Land Border Crossings:
i. Negomano, in Cabo Delgado Province;
ii. Mandimba, II Congresso and Entre-Lagos, in Niassa Province;
iii. Melosa, in the Province of Zambézia;
iv. Cassacatisa, Cuchamano, Zóbwêe Calomwê, in the Province of Tete;
v. Machipanda, in the Province of Manica;
vi. Chicualacuala, in the Province of Gaza; and
vii.Ressano Garcia and Namaacha, in Maputo Province.

b) Airports:
i. Pemba Airport, in Cabo Delgado Province;
ii. Mocímboada Praia Airport, in CabodeDelgado Province;
iii. Lichinga Airport, in Niassa Province;
iv. Nampula and Nacala Airports, in the Province of Nampula;
v. Quelimane Airport, in the Province of Zambézia;
vi. Chingodzi Airport, in Tete Province;
vii. Chimoio Airport, in the Province of Manica;
viii. Beira Airport, in Sofala Province;
ix. Aerodromes of Inhambane and Vilanculos, in Inhambane Province;
ex. Maputo International Airport at Maputo City.

c) Ports:
i. Port of Pemba and Mocímboa da Praia, in Cabo Delgado Province;
ii. Port of Nacala, in the Province of Nampula;
iii. Ports of Quelimane and Pebane, in the Province of Zambézia;
iv. Porto da Beira, in Sofala Province; and
v. Port of Maputo, at Maputo City.

2. The crew of the ships can only disembark from the respective ships to the port area, for strictly necessary operations of loading and unloading their ships, being forbidden to leave the port area, except for health reasons.

ARTICLE 14

(Flight authorization)

1. Passenger transport flights to certain countries are allowed, on a reciprocal basis.
2. It is incumbent upon the Minister who oversees the area of ​​transport to determine the frequency of flights indicated in the above number and the countries of destination.

ARTICLE 15

(Classroom lessons)

1. The phased restart of face-to-face classes is allowed in the subsystems of the National Education System, under the following terms:
a) in the Higher Education, Professional Education, Education and Teacher Training and Technical and Professional Education Subsystems, starting on August 18, 2020;
b) for the 12th grade of General Secondary Education, as of October 1, 2020.
2. The resumption of the face-to-face classes referred to in points a) and b) of the previous number of this article is conditioned to:
a) existence of sectorial contingency plans and verification of appropriate conditions, by health authorities;
b) issuing instructions to ensure compliance with the educational programs by mother institutions;
c) adjustment of school timetables,
3. The resumption of classes in the other education subsystems is dependent on the evolution of the country’s epidemiological situation and on the recommendations of the sector that oversees the health area, after hearing the sectors that oversee the specific areas.
4. Depending on the epidemiological situation or the ability to comply with the recommended preventive measures, some schools or regions of the country may start their face-to-face activities afterwards.

ARTICLE 16

(Driving Schools)

Effective from 1 September 2020, driving schools resume business, with the beginning being conditioned to the existence of a sectoral contingency plan and verification of the appropriate conditions by the health authorities.

Article 17

(Public and private events and entertainment and similar commercial establishments)

1. Cultural and recreational activities held in public spaces are prohibited.
2. Effective from September 1, 2020, the reopening of cinemas, theaters, casinos and gyms is authorized, with due regard for all measures to prevent and combat the pandemic of COVID-19, through the existence of sectoral contingency plans and verification of appropriate conditions by health authorities.
3. Notwithstanding the measures referred to in paragraph 2 of this article and others contained in the sectoral and specific protocols, the accommodation of the public in the theaters and cinema must observe the interspersed occupation of chairs, on the sides, back and in front of the spectator, where applicable.
4. Museums, galleries and public libraries are reopened, subject to compliance with all measures to prevent and combat the pandemic of COVID-19.
5. Performing arts are authorized in hotels, restaurants, museums, galleries and other spaces with authorized operation, excluding casinos and not exceeding a maximum of 4 (four) artists in each presentation, which must take place in strict respect of the measures to prevent and combat the pandemic COVID-19 provided for in this Decree.
6. The minimum distance to be observed between the stage mouth and the first row in the theater is two meters, with the use of masks by the stage performers being dispensed with.
7. In the case of events taking place outdoors, in squares and parks, it is mandatory to have marked places, with markings made on the floor, on benches or chairs, however observing the other measures to prevent and combat Covid- 19.
8. As a result of the prohibition provided for in numbers 1 and 2 of this article, the following are closed:
a) nightclubs;
b) game rooms with the exception of Casinos;
c) bars and tents for the sale of alcoholic beverages;
d) public swimming pools;
e) sports pavilions;
f) playing fields, except for the purposes of paragraph 13 of this article;
g) monuments and the like, except in the case of State ceremonies.
9. Private events must have a maximum limit of 30 (thirty) participants and ensure strict compliance with the measures to prevent and combat the pandemic of COVID-19.
10. Beaches for leisure reasons are prohibited.
11. Sports competitions and collective sports are prohibited, with the exception of teams or national teams with an international commitment.
12. The interdiction referred to in number 11 of this article does not apply to high-performance athletes and their coaches, who are training for the Tokyo Olympics in the following modalities:
a) sailing and canoeing;
b) beach volleyball;
c) taekwondo;
d) boxing;
e) judo;
f) athletics;
8) swimming.

Article 18

(Religious services and celebrations)

1. The practice of religious cults and celebrations in groups is authorized, beginning on August 18, 2020, and the number of participants must not exceed 50 (fifty) people and must respect the protocol issued by the Ministry that oversees the health area.
2. The provisions of the previous number are conditioned to the existence of the sectoral contingency plan and verification of the appropriate conditions in each place of worship and religious celebration, by the health authorities.

Article 19

(Funeral ceremonies)

1. With effect from the 18th of August 2020, the maximum number of participants in the making of funerals and funeral ceremonies is 50 (fifty) people.
2. The number of participants in funerals and funeral ceremonies of COVID-19, must not exceed 10 (ten) people.
3. Regardless of the cause of death, participants in funerals and funeral ceremonies observe all measures to prevent and combat Covid-19.
4. Managers of chapels, wake sites and cemeteries must take the necessary measures to comply with the provisions of this article.

ARTICLE 20

(Functioning of public and private institutions)

1. Public and private institutions are in operation, and the measures to prevent and combat the pandemic of COVID-19 must be observed.
2. In serving the public, public institutions should favor the use of electronic means of voice and data.
3. Additional measures to prevent and combat the pandemic of COVID-19, in addition to those provided for in article 3 of this Decree, are the following:
a) measurement of body temperature before the start of the working day;
b) disinfection of facilities and equipment with recommended solutions;
c) ventilation of the facilities;
d) reduction of the number of people in meetings or agglomeration places, to a maximum of 30 (thirty), when applicable, except for urgent situations in the functioning of the State.
4. People with fevers or flu-like symptoms should not report to the workplace.
5. The actual workforce can be reduced according to the capacity and dimensions of the workplace, in order to allow compliance with the recommended interpersonal distance.
6. If it is impossible to guarantee the recommended interpersonal distance, the service team rotation regime can be adopted.
7. The reduction of personnel, for the purpose of complying with paragraph 6 of this article, is not to be confused with dismissal from work, and mechanisms must be adopted to ensure the continuation of work from home.
8. It is up to each entity, public or private, to define the modalities of work from home.
9. The measure provided for in paragraph 6 of this article does not cover State officials and agents who hold positions of management, leadership and trust, who shall maintain the full exercise of their functions.

ARTICLE 21

(Sectoral inspections)

Sectoral inspections must ensure compliance with the measures to prevent and combat the pandemic of COVID19, recommended by health authorities.

ARTICLE 22

(Registration and in person proof of life)

1. During the term of the State of Emergency, the following acts relating to State officials and agents are temporarily suspended:
a) the electronic registration;
b) proof of life in person (biometric).
2. The realization of the exceptional registration and proof of life must not be in person.

ARTICLE 23

(Minimum services of credit institutions and financial companies)

1. Credit institutions and financial companies must provide the following minimum services:
a) cash deposits and withdrawals;
b) transfers of funds;
c) all operations carried out through the required digital channels.
2. The Bank of Mozambique may establish other minimum services, and may also establish measures necessary for the functioning of the payment subsystems, define the terms and conditions for the use of payment instruments and other areas.

ARTICLE 24

(Special treatment)

Health professionals and agents and all workers who, due to the nature of their duties, provide services to the public deserve special treatment.

ARTICLE 25

(Markets)

1. The markets operate between 6am and 5pm.
2. Exceptionally, on the recommendation of the competent health authorities, markets may be closed.
3. Local bodies must reorganize the markets, creating conditions for observing the measures to prevent and combat the pandemic of COVID-19,

ARTICLE 26

(Inspection of economic activities)

1. The competent bodies responsible for the inspection of economic activities remain in office.
2. Inspection actions with a view to identifying and sanctioning price speculation and changing deadlines by economic agents in commercial establishments must be reinforced.

ARTICLE 27

(Industrial, agricultural and fishing activities)

1. Industrial, agricultural and fishing entities must guarantee the use of COVID-19 preventive measures necessary for the protection of service personnel.
2. It is incumbent on the Ministers who oversee the areas of industry, agriculture and fisheries to redirect the industrial, agricultural and fisheries sectors towards the production and commercialization of inputs necessary to combat the pandemic.

ARTICLE 28

(Licensing for Import and Production of Goods)

1. The production and import of food, medicines, biosafety material, diagnostic tests and other products is subject to an exceptional licensing regime.
2. It is incumbent upon the Ministers who oversee the areas of finance, transport, agriculture, health, industry and commerce, fishing, public works, disaster management and the Bank of Mozambique to define the regime referred to in the preceding paragraph, which should favor facilitation and bureaucratization.

ARTICLE 29

(Tax regularization)

1. Payment of taxes on the import of food, medicine and other goods is subject to the subsequent regularization regime.
2. It is the responsibility of the Ministry that oversees the area of ​​finance to ensure the mechanisms for applying the provisions of the previous paragraph of this article.

ARTICLE 30

(Bank Loans)

During the validity of the State of Emergency, the interpellations, constitutions in arrears and executions resulting from the delay in the fulfillment of obligations that cannot be performed due to the application of the measures provided for in this Decree are void.

ARTICLE 31

(Collective passenger transport)

1. The maximum limit of passengers on board in collective transport, public or private, according to road, rail, sea, river and air, is defined, according to the capacity of the environment.
2. For the purpose of the preceding paragraph, for all occupants, the use of a protective mask and/or visors is mandatory in order to cover the nose and mouth, as recommended by the Ministry that oversees the Health area.
3. The provision of moto-taxi and bicycle-taxi services is permitted, using a mask, at the maximum limit of capacity.
4. The circulation of public and private urban passenger transport starts at 5am and ends at 11pm.
5. Owners of companies or vehicles must guarantee hygiene and health conditions.
6. Violation of the provisions of this article by transport service providers implies the seizure of the vehicle.
7. The Ministry that oversees the area of ​​transport must take the necessary and appropriate measures to guarantee the services of transport of people and essential goods, by means of land, sea and air transport, as well as the maintenance and functioning of essential infrastructures.

ARTICLE 32

(Cross-border transport)

1. Border and health authorities must reinforce control measures for transporters and drivers entering the country in the context of cross-border trade, imposing that they wear masks and/or visors, and be subjected to screening actions, including temperature measurement and testing, when applicable.
2. For the purposes of the provisions of paragraph 1 of this article, the provisions of paragraph 2 of article 4 of this Decree are considered applicable.

ARTICLE33

(Media outlets)

1. The media, both public and private, remain in operation and must, in the public interest, collaborate with the competent authorities.
2. The competent management bodies must adopt measures to reduce the number of on-site workforce during the term of the State of Emergency, always safeguarding the provision of essential services.
3. The competent bodies should, with the recommended regularity, ensure public information on the evolution of the pandemic in Mozambique.
4. Public and private media should reserve space on their schedule grid to report on the COVID-19 pandemic, under terms to be defined by the Information Bureau (GABINFO).

ARTICLE 34

(Safeguarding legal and labor relations)

1. The termination of legal-labor relations based on the absence of workers from the workplace is prohibited, as a result of the measures to prevent and combat the pandemic of COVID-19.
2. The provisions of the preceding paragraph do not prevent the adoption of disciplinary measures, namely for State officials and agents, as well as workers with a duty to render service during the term of the State of Emergency.

ARTICLE 35

(Protection of tenants)

1. It is prohibited, during the State of Emergency, to evict a tenant in rental contracts for housing purposes.
2. The provisions of the previous number do not relieve the tenant from the duty to pay the rent due.

ARTICLE 36

(Visit to penitentiary establishments)

1. Visits to penitentiary establishments are prohibited, and the delivery of meals may be continued to those on a special diet regime, observing the measures to prevent and combat the pandemic of COVID-19.
2. Continued medical assistance is guaranteed to citizens in prison or detainees who are ill.
3. The competent bodies must ensure that information is made available to family members about the situation of interned, imprisoned and detained citizens.

ARTICLE 37

(Intervention by Defense and Security Forces, municipal and local)

During the validity of the State of Emergency, the Defense and Security Forces, municipal and local, can be called in to ensure compliance with the measures to prevent and combat the pandemic of COVID-19.

ARTICLE 38

(Duty to cooperate)

Citizens and public and private entities have a duty to collaborate, namely in the fulfillment of orders or instructions from the bodies and agents responsible for security, civil protection and public health, in the prompt satisfaction of requests, which are justifiably made to them by the competent entities for the implementation of the measures provided for in this Decree.

ARTICLE 39

(Volunteering)

Whenever recommended, voluntary actions can be promoted with a view to ensuring the essential functions of implementing the measures provided for in this Decree,

Article 40

(Exceptional public procurement regime)

1. The acquisition of urgent and necessary goods and services to prevent and combat the pandemic of COVID-19, namely medicines, hospital supplies, biosafety supplies, diagnostic tests and other materials, is subject to the exceptional public procurement regime, by direct assignment, under the terms of specific legislation.
2. The contracts referred to in this article are subject to successive inspection by the Administrative Court, the obligation to publish detailed information and independent audit, at the end of the period to which the emergency is reported, by each contracting sector, in coordination with the ministry that oversees the area of finance.

Article 41

(Awareness-raising and civic-health education)

The competent bodies must implement additional measures with a view to raising awareness and civic-sanitary education of citizens about the pandemic COVID-19, namely through mass media, public and private and other means considered appropriate.

Article 42

(Additional measures)

All additional measures adopted by the competent authorities to prevent and combat the pandemic of COVID-19 are valid and effective, provided they do not contravene the provisions of this Decree.

ARTICLE 43

(Sanction)

1. Failure to comply with the measures imposed by this Decree is considered a crime of disobedience and punished with a penalty of 3 to 15 days in prison.
2. The penalty is always replaced by a corresponding fine or by the provision of socially useful work.
3. If the penalty is replaced by a fine and it is not voluntarily paid within 10 days, or if the convicted person fails to comply with the penalty for providing socially useful services, the judge orders the execution of the prison for the time corresponding to the ratio of 1 day of effective prison for every 2 days of fine or socially useful work.

ARTICLE 44

(Implementation)

This Decree enters into force on the date of its publication. Approved by the Council of Ministers, on August 11, 2020.

For immediate release.

The Prime Minister, Carlos Agostinho do Rosário.

 

 

 

 

By U.S. Embassy Maputo | 25 August, 2020 | Topics: Embassy, Events, Messages for U.S. Citizens, News, U.S. Citizen Services