Organic Law ME English (2010)

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DEMOCRATIC REPUBLIC OF TIMOR-LESTE

MINISTRY OF EDUCATION

Draft Decree-Law no. /2010

of September

Organic Law of the Ministry of Education

Under article 24 of Decree-Law no. 7/2007, of 5 September, approving the organic

structure of the IV Constitutional Government, the Ministry of Education is the central

body of the Government responsible for the design, execution, coordination and

evaluation of the policies defined and approved by the Council of Ministers for the areas

of education and culture, as well as for the functions listed in the said diploma.

Decree-Law no. 2/2008, of 16 January, provided the Ministry of Education with the

organizational structure required for drafting the first policies of the IV Constitutional

Government in the area of Education and Culture.

Following the enormous effort made ever since in the Ministry of Education to define the

medium and long term strategic planning towards a consistent, coherent, demanding and

efficient legal framework, the time has now come to readapt the organizational structure

of the Ministry of Education so as to better respond to the reform needs of the system,

determined by the planning and by the legal framework.

In order to respond to the development challenges of a quality education and teaching

system, centred in school success and in the excellence of the teaching and learning

model, the Ministry of Education must have a functional and dynamic structure enabling

it to cover more territory and to better define its various central, regional and district

services, so as to better respond to the needs of Schools and to the responsibilities

attributed by the approved legislation.

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The present organizational system sets the creation of four Directorates-General, which

will group the existing National Directorates within the main sectors of Education.

Regional Directorates are vital structures for implementing educational policies, while

District Directorates are units seeking to ensure the execution and operational capability

of educational measures.

Thus,

Under section 115.3 of the Constitution of the Republic and in compliance with article 24 of

Decree-Law no. 7/2007, of 5 September, the Government decrees the following, to prevail

as law:

CHAPTER I NATURE, ATTRIBUTIONS AND HIERARCHY

Article 1

Nature

The Ministry of Education is the central body of the Government responsible for the

design, execution, coordination and evaluation of the policies defined and approved by the

Council of Ministers for the areas of education, science, technology and culture.

Article 2

Attributions

The Ministry of Education is responsible for:

(a) Developing the planning measures and the legislative and regulatory projects required

for the pursuing of the policies set for their areas of responsibility;

(b) Consolidating the use of the Official Languages in the Education and Teaching system,

as defined by the Base Law on Education, while a requirement for the development of

the entire education system;

(c) Ensuring the accreditation, development and administration of a Pre-School Education

network, as foreseen in the Base Law on Education, enabling children to be

successfully integrated in the Basic Education System;

(d) Ensuring, accrediting and managing a universal, mandatory and mostly free basic

education system, based on quality and legality criteria;

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(e) Accrediting, developing and managing a general secondary education system covering

the entire country, as well as consolidating and expanding a technical and vocational

secondary education system that will be very important for training middle

management staff that will meet the Country’s economic development needs;

(f) Drafting and implementing the curricula of the various education and teaching degrees

and developing the best pedagogic methodologies to enable school success;

(g) Planning, developing, coordinating and accrediting higher education training in the

Country and abroad, based on the principle of equity and carried out through

University, Polytechnic and Post-Secondary education systems;

(h) Regulating equivalence mechanisms for academic degrees;

(i) Developing policies for promoting post-graduate training and scientific investigation,

so as to contribute to the Country’s social, economic and technologic development;

(j) Ensuring the training of teaching staff;

(k) Ensuring, through cooperation with other government departments and partnerships or

protocols with entities from the private or cooperative sectors, the development of a

network of technical and professional training that responds to the current and future

needs of the Country in terms of qualified human resources;

(l) Developing the necessary mechanisms for the correct administration and management

of the teaching and non-teaching staff in the sector of Education;

(m) Promoting a recurrent education policy that ensures the eradication of illiteracy and the

development of literacy and of special and inclusive education;

(n) Promoting the gradual and sustained introduction of the new information and

communication technologies in the operation of the administrative and school services,

as well as in the educational and training methodologies and processes;

(o) Ensuring a lean and efficient system for developing and maintaining Education

infrastructures, so as to ensure a national network of public education and teaching;

(p) Implementing a system for inspecting Education services in order to ensure the

principle of legality, the implementation of development policies for Schools and the

execution of curricular programs and pedagogic guidelines;

(q) Looking after the conservation, protection and valorisation of the varied historical and

cultural legacy of Timor-Leste, namely its architectonic, ethnographic, linguistic and

literary legacy, as well as its handicraft, its customs and traditions, and the arts in

general;

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(r) Promoting, encouraging and socializing a linguistic policy that contributes to the

strengthening of national identity and unity, by promoting the Timorese linguistic

diversity and promoting its education and knowledge languages;

(s) Protecting the rights concerning artistic and literary creation and promoting a cultural

industry as a factor for the Country’s social and economic development;

(t) Supporting and encouraging the decentralization of the educational and cultural

policies, ensuring their implementation and their integrated development;

(u) Establishing collaboration and coordination mechanisms with other Government

bodies responsible for related areas.

Article 3

Hierarchy and superintendence

1. The Ministry of Education is led by the Minister of Education, who superintends it and

who is accountable to the Prime Minister and the Council of Ministers.

2. Under the Organic Law of the Government, the Minister of Education is assisted by

the Vice Minister and by the Secretary of State for Culture.

CHAPTER II ORGANIC STRUCTURE OF THE MINISTRY OF EDUCATION

SECTION I

DIRECT ADMINISTRATION

Article 4

Central services

The services directly administered by the Ministry of Education are the following:

(a) Directorate-General of Corporative Services;

(b) Directorate-General of School Administration, Innovation and Curricular

Development;

(c) Directorate-General of Technical and Higher Education;

(d) Directorate-General of Culture;

(e) National Directorate of Planning, Statistics and Information Technologies;

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(f) National Directorate of Finance and Logistics;

(g) National Directorate of Procurement;

(h) National Directorate of Human Resources;

(i) National Directorate of School Social Action;

(j) National Directorate of Pre-School Education;

(k) National Directorate of Basic Education;

(l) National Directorate of General Secondary Education;

(m) National Directorate of Technical and Vocational Secondary Education;

(n) National Directorate of Curriculum, School Materials and Evaluation;

(o) National Directorate of Recurrent Education;

(p) National Directorate of University Education;

(q) National Directorate of Polytechnic Education;

(r) National Directorate of Science and Technology Development;

(s) National Directorate of Cultural Legacy;

(t) National Directorate of Museums and Libraries;

(u) National Directorate of Arts, Culture and Cultural Creative Industries;

(v) Unit of Infrastructures and Maintenance of Education Equipments;

(w) Media Unit;

(x) Inspectorate-General of Education.

Article 5

Non-central services

The regional organization of the Ministry of Education includes the following

decentralized services:

(a) Regional Directorate of Education I (Districts of Baucau, Viqueque, Lautem and

Manatuto);

(b) Regional Directorate of Education II (Districts of Dili, Liquiçá and Aileu);

(c) Regional Directorate of Education III (Districts of Ainaro and Manufahi and

Covalima);

(d) Regional Directorate of Education IV (Districts of Ermera and Bobonaro);

(e) Regional Directorate of Education of Oecussi.

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SECTION II

INDIRECT ADMINISTRATION

Article 6

Decentralized services

1. Within the scope of its indirect administration and towards the pursuing of its

educational policy, the Ministry of Education leads and superintends decentralized

services with various levels of autonomy, the specific statutes of which are approved

by way of Government Decree-Law.

2. Under the previous paragraph, the Ministry of Education has the following

decentralized services:

(a) National University of Timor Lorosa’e (UNTL);

(b) National Institute for Professional and Teacher Training (INFPD);

(c) National Agency for Academic Evaluation and Accreditation (ANAAA);

(d) National Library of Timor-Leste;

(e) National Museum of Timor-Leste.

3. The Ministry of Education also includes public establishments of pre-school, basic and

secondary education, the administrative and management regimes of which are

approved by way of Government Decree-Law.

4. The Ministry of Education may also legislate towards the creation of other

decentralized entities that promote its educational policy, namely the creation of

Polytechnic Institutes or other higher education institutions.

Article 7

National University of Timor Lorosa’e - UNTL

The National University of Timor Lorosa’e (UNTL) is the public establishment of

university education, provided with administrative, scientific and pedagogic autonomy,

under the responsibility and superintendence of the Minister of Education.

Article 8

National Institute for Professional and Teacher Training

The National Institute for Professional and Teacher Training is a public institute with

administrative and scientific autonomy, under the responsibility and superintendence of

the Minister of Education, with competence to promote professional training of non-

teaching staff in the education system and all training modalities for teaching staff.

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Article 9

National Agency for Academic Evaluation and Accreditation

The National Agency for Academic Evaluation and Accreditation is a public institute with

administrative, technical and scientific autonomy that promotes the evaluation of quality

and the accreditation of higher education establishments.

Article 10

National Library of Timor-Leste

The National Library of Timor-Leste is a public establishment under the responsibility and

superintendence of the Minister of Education, with administrative, functional and financial

autonomy, meant to promote and to provide access to scientific and literary knowledge

and to stimulate reading habits in the Timorese throughout the national territory.

Article 11

National Museum of Timor-Leste

The National Museum of Timor-Leste is a public establishment under the responsibility

and superintendence of the Minister of Education, with administrative autonomy, meant to

promote and to socialize to the Timorese their historic and cultural legacy, in every form.

SECTION III

ADVISORY OFFICES

Article 12

Scope

1. Advisory offices provide specialized technical assistance services to the Minister of

Education, under the coordination of the Head of Office, and have no administrative

powers or competences.

2. Advisory offices are composed by consultants and the minimum quantity of

administrative staff to support their advisory tasks.

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Article 13

Legal and Cooperation Office

The Legal and Cooperation Office provides specialized advisory to the Minister of

Education in the following areas:

(a) Drafting the legal and regulatory framework for the sector of Education;

(b) Providing legal advisory in all relevant matters of the services that compose the

education system;

(c) Providing relevant legal training to the staff of the Ministry of Education in

relation to the valid legal framework for the sector;

(d) Proposing the necessary procedures for ensuring the implementation of the valid

legal framework for the sector of Education;

(e) Providing legal support to the Inspectorate-General services of the Ministry;

(f) Providing technical advisory to the Minister in order to ensure the development,

coordination and efficiency of Cooperation in the sector of Education;

(g) Coordinating its action with the Office of Strategic Analysis and Modernization in

all technically relevant matters.

Article 14

Office of Strategic Analysis and Modernization

The Office of Strategic Analysis and Modernization provides specialized advisory to the

Minister of Education in the following areas:

(a) Strategic advisory for monitoring the implementation of the Strategic Plan on

Education;

(b) Strategic advisory regarding the efficiency of the implementation of education

policies;

(c) Presentation of proposals to improve the operation and the coordination between

the direct and indirect administration services and between the central and regional

and district services of Education;

(d) Advisory regarding the efficient decentralization of education services and the

efficient implementation of education policies in schools.

(e) Coordination with the Legal and Cooperation Office on all technically relevant

matters.

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Article 15

Advisory Office on Press and Protocol

The Advisory Office on Press and Protocol provides specialized assistance to the Minister

of Education in the following areas:

(a) Press Advisory to the Ministry of Education;

(b) Protocol Advisory to the Ministry of Education;

(c) Schedule coordination and conduction of academic and cultural events.

SECTION IV

CONSULTING BODIES

Article 16

Consulting Bodies

1. The Minister of Education has the following internal consultation bodies:

(a) National Education Commission;

(b) Executive Council;

(c) Coordination Council.

Article 17

National Education Commission

1. The National Education Commission is the consulting collective body of the Minister

that periodically reviews the activities of the Ministry. It is namely responsible for:

(a) Appreciating and evaluating the education policy and its implementation and

impact within the community;

(b) Evaluating the plans, programs and legal framework of the Ministry;

(c) Periodically reviewing the activities of the Ministry and the outcomes achieved,

proposing alternative work measures to improve services;

(d) Promoting the exchange of experience and information between all services and

bodies of the Ministry and between the respective leaders and civil society;

(e) Performing the further tasks given to it.

2. The National Education Commission consists of the following persons:

(a) The Minister of Education;

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(b) The Vice-Minister of Education;

(c) The Secretary of State for Culture;

(d) The Vice-Chancellor of National University of Timor Lorosa’e – UNTL;

(e) Entities representing the Church and other religious confessions;

(f) Entities representing civil society;

(g) The Goodwill Ambassador for Education;

(h) Further organizations or entities invited by the Minister.

3. The Commission may propose the drafting of an Internal Regulation of operation.

Article 18

Education Executive Council

1. The Education Executive Council is the body for internal consultation of the Minister

of Education, providing direct support to decision-making processes and being

responsible for studying and proposing policies and education and legislative plans, as

well as for setting the respective priorities.

2. The Executive Council consists of the following persons:




(d) The Directors-General;

(e) The Inspector-General.

Article 19

Education Coordination Council

1. The Education Coordination Council is the body for broad internal consultation of

the Minister of Education, being responsible to ensure administrative coherence,

the uniformity of procedures and decisions, and the efficiency in the hierarchic

transmission and execution of policies set from above.

2. The Executive Council consists of the following persons:




(d) The Directors-General;

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(e) The president of the National Institute for Professional and Teacher Training

(INFPD);

(f) The National Directors;

(g) The Regional Directors;

(h) The District Directors;

(i) The Inspector-General;

(j) The Deputy Inspectors-General.

CHAPTER III DIRECT ADMINISTRATION SERVICES

SECTION I

DIRECTORATES-GENERAL

SUBSECTION I GENERAL PROVISIONS

Article 20

Common scope and competences

1. The Directorates-General of the Ministry of Education manage the direct

administration services under their competence, organized in the following areas:

(a) Directorate-General of Corporative Services;

(b) Directorate-General of School Administration and Innovation and Curricular

Development;

(c) Directorate-General of Technical and Higher Education;

(d) Directorate-General of Culture;

2. Within their areas of intervention, Directorates-General have the following common

competences:

(a) Executing the guidelines set from above towards the implementation of the

strategic plan, the modernization of the Ministry services and the implementation

of the relevant legislation and regulations;

(b) Executing the specific competences attributed by the present diploma;

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(c) Managing and guiding the National Directorates and the decentralized services

under their areas of competence.

3. Directorates-General are headed by a Director-General, who is recruited and appointed

in conformity with the Law.

4. National Directorates are headed by a National Director, who is recruited and

appointed in conformity with the Law.

SUBSECTION II DIRECTORATE-GENERAL OF CORPORATIVE SERVICES

Article 21

Directorate General of Corporative Services

1. The Directorate-General of Corporative Services has the following specific

competences:

(a) Coordinating the procedures for drafting the annual budget proposal;

(b) Controlling the execution of the expenses related with the Ministry budget;

(c) Coordinating and developing the statistic information program and the respective

performance indicators in the sector of Education;

(d) Collecting and organizing the information on the development and implementation

of the strategic plan on Education and of the respective annual, multiyear and

sector action plans, in coordination with the Ministry’s Head of Office;

(e) Ensuring that the management and administration of human resources are aligned

with the strategic plan and with the annual and sector action plans;

(f) Coordinating the process for evaluating Teacher performance, in collaboration

with the other relevant entities;

(g) Coordinating the recruitment, placement, mobility, entrance, progression and

access procedures for Teachers and Ministry staff and leadership and management

positions, in collaboration with the other relevant entities;

(h) Coordinating the policies set from above for the qualification and management of

Education human resources, particularly policies concerning recruitment, selection

and careers;

(i) Updating the School Chart of the Education system as a planning tool for the

public education network and for managing Education human resources;

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(j) Proposing the creation, modification or termination of education and teaching

establishments;

(k) Proposing measures and plans for managing, administering and training Education

staff;

(l) Implementing the procurement policy and ensuring the logistics of the Ministry;

(m) Supporting the Ministry regarding the international cooperation policy and in the

further applicable competences;

(n) Coordinating the planning, the drafting of the financial proposal and the execution

of the expense with school social action programs;

(o) Promoting and ensuring the administrative procedures on documents entering and

leaving the Ministry, as well as processing the respective archive;

2. Under its specific competences, the Directorate-General of Corporative Services has

the hierarchic power to administer the following services:

(a) National Directorate of Planning, Statistics and Information Technologies;

(b) National Directorate of Finance and Logistics;

(c) National Directorate of Procurement;

(d) National Directorate of Human Resources;

(e) National Directorate of School Social Action.

Article 22

National Directorate of Planning, Statistics and Information Technologies (DNPETI)

1. The National Directorate of Planning, Statistics and Information Technologies is the

central service responsible for executing measures set from above concerning the

collection of the information required for the strategic planning, the collection and

handling of statistical information and the development of information and computer

technologies for the sector of Education.

2. The National Directorate of Policy, Planning and Development is responsible for:

(a) In conformity with the law, collecting, handling and socializing sector statistics and

ensuring the necessary links with the national statistics system;

(b) Producing and developing performance indicators related to the education system, so

as to support political decision-making;

(c) Executing the policy on Information and Computer Technologies in the sector of

Education;

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(d) Collecting information and executing guidelines towards the implementation of the

Strategic Plan;

(e) Drafting and updating the School Chart of the Country, in collaboration with the

infrastructure and equipment maintenance services;

(f) Carrying out studies to estimate the evolution of the sector, so as to make its trends

perceptible and to anticipate ways to overcome difficulties;

(g) Programming and executing information, monitoring and evaluation systems for

institutions and services of the education system;

(h) Keeping information sources on national and foreign education updated, as well as the

data on their consultation and socialization.

Article 23

National Directorate of Finance and Logistics (DNFL)

1. The National Directorate of Finance and Logistics is the central service responsible for

executing measures set from above concerning the drafting and execution of the

annual budget and the execution of the logistical management procedures in relation to

the legacy of the Ministry of Education.

2. The National Directorate of Finance and Logistic is responsible for:

(a) Collecting the necessary information for preparing the Ministry budget and

ensuring its execution;

(b) Verifying the legality of expenses and authorize their payment, subject to the final

decision by the Director-General;

(c) Ensuring the financial and patrimonial management of the Ministry, subject to the

competence of the services with administrative and financial autonomy;

(d) Managing the material and patrimonial resources of the Ministry, as well as the

direct administration decentralized services;

(e) Ensuring the processing of wages, allowances, salaries and other remunerations

due to staff, as well as the processing of deductions, as proposed by the National

Directorate of Human Resources and approved by the relevant Director-General;

(f) Looking after the maintenance, operational capability and security of the facilities

and equipments allocated to the Ministry;

(g) Maintaining the inventory of State patrimony goods allocated to the Ministry

updated;

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(h) Executing the further tasks determined in the use of their competences by the

Directorate-General of Corporative Services.

Article 24

National Directorate of Procurement (DNA)

1. The National Directorate of Procurement is the service responsible for procurement policy

and execution, as well as for supervising and controlling the processes and procedures

concerning the acquisition of goods, services and works within the scope of the Ministry of

Education, as set in the Legal Procurement Regime and in complementary legislation.

2. The National Directorate of Procurement is namely responsible for:

(a) Coordinating the activities related with the drafting, execution, monitoring and

evaluation of the annual and multiyear plans in what concerns Ministry

procurement;

(b) Drafting and supplying base statistic information and indicators on procurement

activities, in coordination with the National Directorate of Finance and Logistics;

(c) Ensuring, within the reasonable limits, the standardization of the equipment,

materials and supplies meant for Public Administration;

(d) Proposing the updating and optimization of the procurement system according to

the best project management practises and the international standards;

(e) Managing procurement contracts according to the law, namely the Legal Regime

on Public Contracts;

(f) Supervising, under its area of competence, the allocation and management of

construction, transformation and improvement works;

(g) Any others legally attributed to it.

Article 25

National Directorate of Human Resources (DNRH)

1. The National Directorate of Human Resources is the central service responsible for

executing policies set from above concerning the administration and the management

and qualification policy for human resources in the sector of Education.

2. The National Directorate of Human Resources is namely responsible for:

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(a) Executing the Teacher performance evaluation process, in collaboration with the

other relevant entities;

(b) Executing recruitment, placement, mobility, entrance, progression and access

procedures for Teachers and Ministry staff and leadership and management

positions, in collaboration with the other relevant entities;

(c) Executing the procedures concerning the determination of wages, other

complements, vacations, further leaves and absences by Teachers and Ministry

staff;

(d) Collecting the necessary information to provide to the Director-General on the

needs to allocate teaching and non-teaching staff;

(e) Executing the procedures for drafting school schedules;

(f) Implementing the policies set from above for the qualification and management of

Education human resources, particularly policies concerning recruitment, selection

and careers.

(g) Promoting the opening of entrance procedures and the annual procedures for

placing teachers;

(h) Preparing the documentation on appointments, promotions and career progression,

as well as the documentation on the selection, recruitment, dismissal, retirement

and mobility of Education human resources;

(i) Ensuring the collection of the necessary information, along with the National

Directorate of Planning, Statistics and Information Technologies, so as to have an

updated computer Database for managing and administering Education human

resources;

(j) Organizing and keeping individual files, information and biographic records

concerning the staff allocated to the Ministry updated and safe, both in paper and

in computer format;

(k) Complying with the determinations required for drafting procedural and conduct

manuals for the management and administration of human resources;

(l) Collaborating in disciplinary administrative proceedings concerning Education

human resources and ensuring the implementation of the proper disciplinary

measures;

(m) Monitoring the implementation of the human resource policies and providing the

relevant information to the Director-General;

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(n) Assisting the Director-General in the coordination of performance evaluation

procedures regarding Education human resources;

(o) Proposing and promoting, in coordination with the Institute for Professional and

Teacher Training, the professional training of the staff and officers of the services

under the direct administration of the Ministry of Education;

(p) Proposing the criteria and priorities for the professional training of Ministry staff

and officers;

(q) Proposing professional training models that are adequate for the needs of the

Ministry staff and officers;

(r) Evaluating the professional training done under the area of competence of the

Directorate-General;

(s) Drafting proposals on full professional training programs.

Article 26

National Directorate of School Social Action (DNASE)

The National Directorate of School Social Action is the central service responsible for

executing the measures set from above concerning the drafting and financial execution of

all school social action measures promoted by the Ministry of Education in the pre-school,

basic and secondary education system, namely:

(a) School Meals Program;

(b) School Grants Program;

(c) School Transportation Program;

(d) School Public Health;

(e) Other School Social Action Programs.

SUBSECTION III

DIRECTORATE-GENERAL OF SCHOOL ADMINISTRATION, INNOVATION AND

CURRICULAR DEVELOPMENT

Article 27

Directorate-General of School Administration, Innovation and Curricular

Development

1. The Directorate-General of School Administration, Innovation and Curricular

Development is the body of the Ministry responsible for the accreditation, monitoring,

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administration and management of the pre-school, basic and secondary education

system, for the development of the educational policy in terms of curricular and

pedagogic development and for the development of recurring education policies.

2. The Directorate-General of School Administration, Innovation and Curricular

Development has the following specific competences:

(a) Accrediting and evaluating pre-school, basic and secondary education

establishments;

(b) Coordinating the implementation of school administration and management

policies;

(c) Promoting the necessary measures in terms of special and inclusive education;

(d) Promoting programs for developing technical and vocational skills;

(e) Ensuring the operational capability and the execution of school social action

programs;

(f) Assisting the Directorate-General of Corporative Services in surveying the needs

of the teaching and non-teaching staff at the schools;

(g) Setting up the organization structure for education and teaching establishments;

(h) Collaborating in the drafting of management and administration manuals meant for

school directors;

(i) Proposing, in collaboration with the Directorate-General of Technical and Higher

Education, measures for rationalizing school flows, namely in secondary and

Technical and Professional education, so as to achieve proper compatibility of the

material, technical and human resources available with the desired improvement of

education and training levels;

(j) Coordinating the drafting and approval of the curricula for the various degrees of

education and teaching and drafting the implementation and monitoring plans;

(k) Establishing the pedagogic organization framework for education establishments,

including special education modalities;

(l) Coordinating the approval of school manuals and pedagogic and didactic support

materials;

(m) Coordinating the drafting of the syllabus, programs, methods and other teaching

and learning materials, as well as defining didactic material typologies and

systematically monitoring them;

(n) Coordinating and evaluating the development of educational plans at pedagogic

and didactic level;

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(o) Coordinating the student evaluation policy;

(p) Promoting effective inclusive education policies and practices to respond to the

various needs at every education level, from early childhood, basic and secondary

education to technical and professional education and recurring education for

adults.

3. Under its specific competences, the Directorate-General of School Administration,

Innovation and Curricular Development has hierarchic power to administer the

following services:

(a) National Directorate of Curriculum, School Materials and Evaluation;

(b) National Directorate of Pre-School Education;

(c) National Directorate of Basic Education;

(d) National Directorate of General Secondary Education;

(e) National Directorate of Technical and Vocational Secondary Education;

(f) National Directorate of Recurring Education.

Article 28

National Directorate of Curriculum, School Materials and Evaluation

1. The National Directorate of Curriculum, School Materials and Evaluation is the central

service responsible for executing the measures set from above for the drafting and

implementation of the curricular and pedagogic programs and contents at pre-school,

basic and secondary education establishments.

2. The National Directorate of Curriculum, School Materials and Evaluation is namely

responsible for:

(a) Ensuring the permanent adequacy of study plans and programs from the various

subjects to the goals of the education system and the social and cultural diversity of

the districts;

(b) Ensuring the normal sequence of studies within a harmonious articulation of the

goals of the various education levels and individual student capabilities;

(c) Designing, drafting or order the drafting of pedagogic documentation for

supporting education activities;

(d) Drafting and ensuring the socialization of pedagogic documentation to provide

information and technical support to education officers and partners, by way of

diversified means;

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(e) Drafting rules and criteria for evaluating school success and proposing proper

measures for students who are having negative results;

(f) Organizing, through the regional directorates and in collaboration with the schools,

the information systems required for producing learning evaluation instruments;

(g) Promoting, ensuring and guiding the various special modalities of school

education, namely special education and distance education;

(h) Promoting the social and education integration of individuals with special

educational needs;

(i) Drafting and grading national exams;

(j) Proposing measures that ensure that the typology of education and teaching

establishments and of didactic equipments is adequate to the needs of the education

system, as well as collaborating in the permanent updating of their respective

inventory.

Article 29

National Directorate of Pre-School Education

1. The National Directorate of Pre-School Education is the central service responsible for

guidelines set from above on the implementation, accreditation and monitoring of the

Pre-School Education administration and management, as well as for assisting with the

development of extracurricular activity programs at the schools, in conformity with the

Base Law on Education and related regulations.

2. The National Directorate of Pre-School Education is namely responsible for:

(a) Ensuring the accreditation mechanisms for pre-school education establishments;

(b) Monitoring school administration and management policies according to the Law

and its area of competence;

(c) Executing the School Social Action Programs under its area of competence;

(d) Collaborating in the surveying of the information required for drafting the School

Chart, developing the Education statistical information system and administering

and managing human resources;

(e) Proposing relevant training measures for competent services;

(f) Developing and assisting with the implementation of extracurricular activity

programs;

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(g) Ensuring that logistical, didactic, computer and other needs of education

Establishments in its area of competence are met, so as to enable an effective

pursuing of the education policy.

Article 30

National Directorate of Basic Education

1. The National Directorate of Basic Education is the central service responsible for

guidelines set from above on the implementation, accreditation and monitoring of the

Basic Education administration and management, as well as for assisting with the

development of extracurricular activity programs at the schools, in conformity with the

Base Law on Education and related regulations.

2. The National Directorate of Basic Education is namely responsible for:

(a) Ensuring the accreditation mechanisms for basic education establishments;









programs;




Article 31

National Directorate of General Secondary Education

1. The National Directorate of General Secondary Education is the central service

responsible for guidelines set from above on the implementation, accreditation and

monitoring of the General Secondary Education administration and management, as

well as for assisting with the development of extracurricular activity programs at the

schools, in conformity with the Base Law on Education and related regulations.

2. The National Directorate of General Secondary Education is namely responsible for:

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(a) Ensuring the accreditation mechanisms for general secondary education

establishments;









programs;




Article 32

National Directorate of Technical and Vocational Secondary Education

1. The National Directorate of Technical and Vocational Secondary Education is the

central service responsible for guidelines set from above on the implementation,

accreditation and monitoring of the Technical and Vocational Secondary Education

administration and management, as well as for assisting with the development of

extracurricular activity programs at the schools, in conformity with the Base Law on

Education and related regulations, and for proposing specific specialized training

programs for Teachers.

2. The National Directorate of Technical and Vocational Secondary Education is namely

responsible for:

(a) Ensuring the accreditation mechanisms for technical and vocational secondary

education establishments;







23



programs;




Article 33

National Directorate of Recurring Education

1. The National Directorate of Recurring Education is the service responsible for

developing and implementing the National Programs of Literacy and Equivalence of

Recurring Education meant for the population outside the formal education system.

2. Under the Base Law on Education, the National Directorate of Recurring Education is

namely responsible for:

(a) Eradicating literal and functional illiteracy;

(b) Contributing to reintegrate in the education system those who abandoned it too soon;

(c) Promoting a recurring education system for those unable to integrate the normal

education system;

(d) Establishing the education organization framework for the population outside the

formal education system;

(e) Drafting, in cooperation with other competent services, a National Literacy Program,

by way of distance education programs and others;

(f) Developing, implementing, monitoring and evaluating the equivalence program for

recurring education, in cooperation with other competent services;

(g) Developing programs directed to the population outside education, in the areas of

language, literacy and arithmetic;

(h) Implementing the drafting of manuals and other teaching materials meant for recurring

education;

(i) Promoting the creation of Community Centres of Education, adapted to the needs of

the local communities;

(j) Promoting the articulation of recurring education programs with courses provided by

technical and vocational schools;

(k) Establishing patterns and mechanisms for evaluating non-formal education programs

and projects, in collaboration with the regional directorates;

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(l) Coordinating equivalence processes resulting from the education and training options

developed;

(m) Drafting and grading national exams;

(n) Defining the professional skills, competences and conditions required for teaching

staff placed in non-formal education.

SUBSECTION IV DIRECTORATE-GENERAL OF TECHNICAL AND HIGHER EDUCATION

Article 34

Directorate-General of Technical and Higher Education

1. The Directorate-General of Technical and Higher Education is the Ministry body

responsible for pursuing the educational policy in all of the technical and higher

education, namely university education and polytechnic education, and for promoting

knowledge and the development of science, investigation and technology.

2. The Directorate-General of Technical and Higher Education is responsible for:

(a) Establishing the framework in terms of organization, accreditation and access to

higher education;

(b) Proposing the legal creation of Polytechnic Institutes and defining the policies and

priorities regarding the reorganization or creation of University education

establishments;

(c) Defining policies and priorities regarding the reorganization or creation of

Polytechnic education establishments;

(d) Defining and executing policies and priorities regarding the reorganization or

creation of other higher education establishments;

(e) Ensuring and guiding post-secondary professional or professionalizing education

modalities;

(f) Ensuring accreditation standards for the Country’s higher education institutions;

(g) Establishing contacts and cooperation relationships with higher education

institutions and others related with scientific investigation and technological

development;

(h) Promoting the articulation between higher education, science, technology and

investigation, so as to ensure sustained development;

(i) Developing scientific investigation projects, whether individually or in cooperation

with other institutions or entities of the public or private sector, seeking to apply

25

scientific investigation and technology to the Country’s social, cultural and

economic development.

(j) Proposing legal criteria for accessing higher education and for attributing study and

investigation scholarships, so as to help develop the Country’s higher education

and investigation;

(k) Providing technical, logistic and material support to technical and higher education

establishments, subject to their own autonomy;

(l) Establishing rules and supervising the actions regarding access to higher education,

in articulation with the education establishments and the Regional Services;

(m) Starting proceedings regarding requests for official recognition of education

institutions and courses from the private and cooperative sector, as well as of

technical and professional education;

(n) Ensuring, in collaboration with the pertinent services, the deposit and registration

of the syllabi and curricula of the courses taught at technical and higher education

institutions;

(o) Organizing the processes on the recognition of diplomas and technical and higher

qualifications, both national and foreign;

(p) Proposing measures to rationalize school flows, namely in secondary and

Technical and Professional Education, if advisable through partnerships with other

services from the public or the private or cooperative sectors, in view of the proper

adequacy of the available material, technical and human resources to the desired

improvement of education and training levels;

(q) Promoting the articulation between higher education, science, technology and

investigation so as to ensure sustained endogenous development;

(r) Monitoring and ensuring the execution of scientific investigation projects, whether

individually or in cooperation with other institutions or entities of the public or

private sector, seeking to apply scientific investigation and technology to the

Country’s social, cultural and economic development.

(s) Collaborating in the definition of the teaching career in higher education, along

with the career of investigator.

3. In accordance with its specific competences, the Directorate-General of Technical and

Higher Education has hierarchic administration power over the following services:

(a) National Directorate of University Education;

(b) National Directorate of Polytechnic Education;

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(c) National Directorate of Science and Technology Development;

Article 35

National Directorate of University Education

1. The National Directorate of University Education is the service responsible for

executing and implementing the education policy in terms of organization,

administration and development of the University education system.

2. The National Directorate of University Education is namely responsible for:

(a) Monitoring the framework of organization, accreditation and access to higher

education;

(b) Executing the policies related to the licensing of university education

establishments;

(c) Assisting the competent entities in terms of accrediting university education

institutions in the Country;

(d) Implementing the cooperation relationships set from above with universities,

associations and other regional and international university institutions;

(e) Executing technical, logistic and material support policies in relation to university

education establishments, subject to their own autonomy;

(f) Supervising the actions concerning entrance in university education, in articulation

with teaching establishments and Regional Services;

(g) Starting proceedings regarding requests for official recognition of private and

cooperative university education institutions and courses;

(h) Ensuring, in collaboration with the Directorate-General of School Administration,

Innovation and Curricular Development, the deposit and registration of students,

syllabi and curricula for the courses provided at technical and higher education

institutions;

(i) Organizing processes on the recognition of university diplomas and skill

equivalences.

Article 36

National Directorate of Polytechnic Education

1. The National Directorate of Polytechnic Education is the service responsible for

executing and implementing the education policy in terms of organization,

administration and development of the Polytechnic education system.

27

2. The National Directorate of Polytechnic Education is namely responsible for:

(a) Establishing the framework of organization, accreditation and access to

polytechnic education;

(b) Defining policies and priorities regarding the reorganization or creation of

polytechnic education establishments;

(c) Ensuring accreditation standards for polytechnic education institutions in the

Country;

(d) Establishing contacts and cooperation relationships with polytechnic institutes;

(e) Providing technical, logistic and material support to polytechnic education

establishments, subject to their own autonomy;

(f) Supervising the actions concerning entrance in polytechnic education, in

articulation with teaching establishments and Regional Services;

(g) Starting proceedings regarding requests for official recognition of private and

cooperative polytechnic education institutions and courses;

(h) Ensuring, in collaboration with the Directorate-General of School Administration,

Innovation and Curricular Development, the deposit and registration of students,

syllabi and curricula for the courses provided at polytechnic education institutions;

(i) Organizing processes on the recognition of technical and higher education

diplomas and skill equivalences;

(j) Proposing measures to rationalize school flows, if advisable through partnerships

with other services from the public or the private or cooperative sectors, in view of

the proper adequacy of the available material, technical and human resources to the

desired improvement of education and training levels;

Article 37

National Directorate of Science and Technology Development

1. The National Directorate of Science and Technology Development is the central

service responsible for executing measures set from above regarding the execution of

the plans regarding Scholarships to attribute to students applying to specialization

areas of master and doctorate levels, Investigation Scholarships and the execution of

the science and technology development plan seeking to improve the economic and

social development of the Country.

28

2. The National Directorate of Science and Technology Development is namely

responsible for:

(a) Ensuring the implementation of the policy for granting study and investigation

scholarships and managing the operations concerning entrance to vacancies;

(b) Monitoring the academic and social situation of the trainees and university

students, particularly scholarship holders;

(c) Ensuring access, collection, handling and socialization of scientific and technical

information;

(d) Drafting and keeping updated the inventory of the national scientific and

technological potential;

(e) Supporting new graduates in their professional insertion;

(f) Promoting the articulation between higher education, science, technology and

investigation so as to ensure sustained endogenous development;

(g) Monitoring and ensuring the execution of scientific investigation projects, whether

individually or in cooperation with other institutions or entities of the public or

private sector, seeking to apply scientific investigation and technology to the

Country’s social, cultural and economic development.

SUBSECTION V DIRECTORATE-GENERAL OF CULTURE

Article 38

Directorate-General of Culture

1. The Directorate-General of Culture is the central service responsible for the

coordination and execution of the policies set within the scope of the cultural

patrimony, protection of rights, promotion of and support to cultural activities, and

management of museums and libraries.

2. The Directorate-General of Culture is namely responsible for:

(a) Promoting the defence and consolidation of the Timorese cultural identity;

(b) Promoting cultural activities seeking to increase knowledge about the historical,

anthropological, archaeological and museological legacy of Timor-Leste,

encouraging participation and intervention by schools;

29

(c) Promoting or assisting the issuing of books and documents, discs, slides and other

forms of recording, films and videos with cultural interest and the acquisition of

works of art;

(d) Nurturing the execution of innovative projects in the various cultural areas and

promoting their socialization;

(e) Nurturing, developing and socializing cultural activities, by way of diversified

means, and promoting national and international exchanges;

(f) Proposing legislation concerning the creation of Schools or Institutes that promote

the cultural policy set in the present diploma, in the Base Law on Education, in the

strategic plan of the Ministry or in the national policy on culture;

(g) Coordinating with the National Institute of Linguistics the standardization of the

official and national languages, as well as all publications in official languages.

3. Under its competences, the Directorate-General of Culture has hierarchic power to

manage the following services:

(a) National Directorate of Cultural Legacy;

(b) National Directorate of Museums and Libraries;

(c) National Directorate of Arts, Culture and Cultural Creative Industries.

Article 39

National Directorate of Cultural Legacy

1. The National Directorate of Cultural Legacy is the central service responsible for

executing the measures set from above concerning the preservation of the cultural

legacy of Timor-Leste.

2. The National Directorate of Cultural Legacy is namely responsible for:

(a) Managing, preserving and socializing the architectonical, archaeological and

ethnographical legacy;

(b) Registering and inventorying the cultural legacy;

(c) Classifying the cultural legacy;

(d) Managing the system of requests concerning authorization for scientific

investigations;

(e) Inventorying, studying and classifying movable and immovable assets that are part

of the cultural legacy;

(f) Organizing and keeping updated its records and ensuring their preservation,

defence and valorisation.

30

Article 40

National Directorate of Museums and Libraries

1. The National Directorate of Museums and Libraries is the central service responsible

for executing the measures set from above concerning the creation and administration

of a network of Museums and Libraries in Timor-Leste.

2. The National Directorate of Museums and Libraries is namely responsible for:

(a) Managing the National Library and Archive of Timor-Leste;

(b) Managing the network of public libraries;

(c) Managing the National Museum of Timor-Leste;

(d) Managing the network of public museums.

Article 41

National Directorate of Arts, Culture and Cultural Creative Industries

1. The National Directorate of Arts, Culture and Cultural Creative Industries is the

central service responsible for executing the measures set from above seeking to

develop Arts and Culture as ways to express the Timorese identity and to assist the

Country’s economic, social and cultural development.

2. The National Directorate of Arts, Culture and Cultural Creative Industries is

responsible for:

(a) Managing, preserving and socializing expressions of traditional culture, namely

music, dancing, handicraft and languages;

(b) Managing and preserving oral history;

(c) Promoting and nurturing cultural creative industries, namely photography, cinema,

theatre, plastic arts and others.

(d) Inventorying and supporting scientific and cultural associations and nurturing the

technical and scientific exchange with counterpart bodies, namely the National

Institute of Linguistics;

(e) In collaboration with the National Institute for Professional and Teacher Training,

providing technical support to the decentralized training of managers, animators

and divulgers of projects and cultural and artistic activities;

(f) Promoting the development of the Arts as a factor in the economic and social

development of the Country.

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SECTION II UNIT OF EDUCATION INFRASTRUCTURES AND EQUIPMENT MAINTENANCE

Article 42

Unit of Education Infrastructures and Equipment Maintenance (UNIME)

1. The Unit of Education Infrastructures and Equipment Maintenance is the service

directly responsible before the Minister of Education for the execution of the measures

set from above for the development and maintenance of the School Park.

2. The Unit of Education Infrastructures and Equipment Maintenance is namely

responsible for:

(a) Studying and drafting proposals and projects for the construction, acquisition or

location of infrastructures, equipments and other assets necessary to the pursuance

of the functions and policies set by the Ministry;

(b) Ensuring the drafting of the necessary documentation for the construction and

acquisition of buildings and further infrastructures, vehicles and other movable

assets meant for the bodies and services of the Ministry;

(c) Ensuring that education establishments are provided with equipments and other

materials that are indispensible to the conduction of the education policies;

(d) Drafting and executing annual and multiyear programs of construction, acquisition,

maintenance and repair of education infrastructures and equipments, according to

the needs and development perspectives of the education system.

SECTION III

MEDIA UNIT

Article 43

Media Unit

The Media Unit is the service responsible for learning through television, radio and

publications of the Ministry of Education, in the following areas:

(a) Promotion of the Media policies of the Ministry, in coordination with other

Ministry services;

32

(b) Design and broadcast of educational and cultural programs through Ministry

television and radio, or in partnership with other Media entities;

(c) Promotion of and support to the drafting and issuing of specialized publications in

the areas of education sciences, educational innovation and culture.

SECTION IV

INSPECTORATE-GENERAL OF EDUCATION

Article 44

Inspectorate-General of Education

1. The Inspectorate-General of Education is the service under the responsibility and

supervision of the Ministry of Education, provided with technical and administrative

autonomy, disciplinary power and controlling and overseeing competences

concerning the sector of Education.

2. Subject to the legal competences of other Public Administration entities, the

Inspectorate-General of Education is responsible for:

(a) Overseeing and exercising discipline in relation to the administrative, financial and

patrimonial action of all services that make up the education system;

(b) Collaborating in the performance evaluation procedure in relation to all the staff of

the education system;

(c) Overseeing the school administration and management measures set in the law and

regulations;

(d) Starting disciplinary proceedings in relation to all the staff and officers of the

education system, subject to the specific competences of other services or entities

according to the applicable general law;

(e) Proposing or collaborating in the drafting of measures that seek to perfect and

improve the working of the education system;

(f) Carrying out inspections, audits, enquiries and syndications, within the scope of its

competences, at education and teaching establishments and further services of the

Ministry, subject to the specific competences of other inspection services;

(g) Verifying and ensuring compliance with the legal provisions and the directives set

from above;

(h) Issuing technical opinion on the matters submitted by the Minister of Education;

33

(i) Carrying out other attributions given to it from above or resulting from the

applicable rules.

3. In order to pursue its competences, the Inspectorate-General is organized, at central

level, in the areas of Administration and Finance Inspectorate and School

Administration Inspectorate, as well as into Inspectorate Cores, at district level, under

the responsibility of a District Superintendent.

4. The Inspectorate-General of Education is headed by an Inspector-General of

Education, who is equivalent for all legal and professional purposes to a Director-

General and is assisted by two Deputy Inspectors-General, each one tied to one of the

areas indicated in the previous paragraph and equivalent for all legal purposes to a

National Director.

5. District Superintendents are equivalent to District Directors for all legal purposes;

6. School Inspectors are equivalent to Heads of District Departments for all legal

purposes.

CHAPTER III DIRECT ADMINISTRATION DECENTRALIZED SERVICES

SECTION I

GENERAL PROVISIONS

Article 45

Scope and modalities

1. The Ministry of Education pursues the implementation of education policies within the

national territory through decentralized regional and district services, with the ultimate

goal of promoting a quality and efficient education and teaching system that favours

the human and scientific development of students.

2. The Ministry of Education has Regional Directorates and District Directorates, as

stated in article 5 of the present diploma.

3. District Directorates shall be decentralized so that they may be integrated in the

Municipalities, under terms to be set by way of a specific diploma.

34

SECTION II

REGIONAL DIRECTORATES

Article 46

Scope and competences

1. Regional Directorates are decentralized regional services of the Ministry of Education

and pursue the attributions of the Ministry of Education, in collaboration with the

relevant central services, in terms of guiding, coordinating and supporting pre-school,

basic and secondary education establishments.

2. Regional Directorates are namely responsible for:

(a) Implementing the policies defined by the Minister of Education and coordinated by

the Directorates-General;

(b) Controlling the finances and monitoring expenditure execution in the education

and teaching establishments under their areas of competence;

(c) Ensuring coordination between schools and the central services of the Ministry,

subject to the specific competences of the District Directorates;

(d) Coordinating and organizing the district collection of the information required for

the central services of the Ministry, so as to monitor the national education policy

and to review its results systematically, namely the relevant information for the

administration and management of human resources, education statistical

information and information concerning the execution of school social action

programs;

(e) Monitoring the implementation and execution of the school social action programs;

(f) Executing the measures determined from above in terms of administration and

management of the general and technical and vocational secondary education

system;

(g) Coordinating the work of the District Directorates in terms of carrying out exams

and other student evaluation tests;

(h) Coordinating the implementation of the projects of computerization and

development of information technologies under its area of competence, as

determined from above;

(i) Drafting annual and medium term planning proposals, as well as the budget

proposal;

35

(j) Cooperating with the other services, bodies and entities towards joint actions in the

area of education;

3. Regional Directorates are headed by a Regional Director, equivalent for all purposes

to a national director, who is hierarchically dependent from the Directors-General of

the respective areas of competence.

4. Regional Directorates are structured into Departments.

SECTION III

DISTRICT DIRECTORATES

Article 47

Scope and competences

1. District Directorates are executive and operational bodies that carry out the decisions

issued by the central services and the Regional Directorates.

2. District Directorates have specific competences, in direct hierarchic line with the

central services, namely:

(a) Executing the policies set from above for the accreditation, monitoring,

administration and management of the pre-school and basic education system;

(b) Ensuring the execution of the education policies in the logistic component, namely

in terms of storing and distributing school materials, didactic and school manuals,

equipments, logistic inherent to the implementation of school social action

programs, etc.;

(c) Ensuring the socialization of guidelines from the central services and of technical

information to schools and users;

(d) Collecting all statistic information determined by the relevant Regional Directorate

of Education, namely in what concerns human resource administration and

management;

(e) Implementing the decisions issued by the relevant Regional Directorate in terms of

the computerization of the education system and development and application of

information technologies in the schools;

(f) Executing and developing the cultural policy;

(g) Supporting the Infrastructure Unit in all matters required;

(h) Collecting and transmitting all relevant information from the schools;

36

(i) Power to carry out certain procedures and administrative acts for supporting the

education system, as defined by Ministerial Dispatch.

3. District Directorates are headed by a District Director, who coordinates the activities

of the Heads of Section.

4. District Directorates report directly to the relevant Directorates-General in all matters

where competence does not emanate from the relevant Regional Directorates.

CHAPTER V FINAL AND TRANSITORY PROVISIONS

Article 48

Complementary legislation

1. Subject to the provisions of the present diploma, the Minister of Education is

responsible for approving the regulation on the organic and functional structure of the

Directorates-General and the national, regional and district directorates, by way of

specific ministerial diploma.

2. The staffing profile and the specific careers, as well as the existence and number of

leadership and management positions, are approved by ministerial diploma from the

Minister of Education and the ministers responsible for the areas of Finance and State

Administration.

3. The ministerial diploma indicated in the previous sub-paragraph shall be approved

within sixty days after the present diploma enters into force.

Article 49

Delegation of competences

1. The Minister of Education delegated unto the Vice Minister the competences in terms

of non-higher education school management and administration listed in the present

diploma, in conformity with the Organic Law of the Government.

2. The Minister of Education delegates unto the Secretary of State for Culture the

competences in the area of Culture listed in the present diploma.

3. The Minister of Education may delegate competences unto the Directors-General.

37

Article 50

Repeals

Decree-Law no. 2/2008 of 16 January and all legal and regulatory provisions that

contradict the present diploma are hereby repealed.

Article 51

Entry into force

The present legal diploma enters into force on the day after its publication.

Read and approved by the Council of Ministers on 15 September 2010.

The Prime Minister,

______________________________

Kay Rala Xanana Gusmão

The Minister of Education,

_____________________________

João Câncio Freitas, Ph.D.

Promulgated on

Let it be published.

The President of the Republic,

_____________________________

José Ramos-Horta

Documents

Organic Law ME English (2010)