5.2.4 Legislative framework for the OSS model

5.2.4 Legislative framework for the OSS model

There are different models of legislative framework supporting OSS management and service provision: 1. Separate law covering the objectives, roles, responsibilities, and structure of an OSS (e.g. Portugal)41 . 2. A legislation set that forms the framework for an OSS (e.g. Estonia). Considering that an OSS is to be piloted for the first time and that the legislation regarding decentralization is in place and needs a properly studied and framed implementation, we suggest adopting a separate decree-law for the OSS, so that the framework would be clear and easily understandable. The framework needs to set clear rules on how the OSS is managed and operated together with obligation to provide public services through it. In addition, there are several laws and regulations to be changed (e.g. considering specific services such as birth registration, etc.), but the general framework should be established with one legal act. The OSS decree-law should include the following: 1. Objective of the OSS 2. Mission of the OSS

3. Principles of OSS management 4. Definitions

5. Implementation and service provision principles, including possibility for the municipalities to act as decision makers or mediators

6. Rights, obligations and responsibilities of related organizations and bodies 7. Rights, obligations, and responsibilities of the municipalities 8. Rights and obligations of the citizens 9. Funding principles and procedure 10. Feedback, monitoring and supervision rules and procedures A suggested model regulation for OSS is provided in Annex 7.

5.2.4.1Suggestedroadmap for legislative changes

The suggested roadmap for establishing an OSS implementation legislative roadmap in Timor-Leste is the following:

41 Decree-Law No. 74/2014, amended by Decree-Law No. 105/2017, of 29 August and Decree-Law No. 104/2018, of 29 November Establishes the rule of digital provision of public services, enshrines assisted digital attendance as its indispensable complement and defines the method for concentrating public services in Citizen's Shops

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1. Adoption of the Government resolution to support the first phase of piloting of the OSS by establishing a task force for the implementation and start-up of citizen-centric customer services known as an OSS: a. This mission unit (task force) has the assignment to evaluate the implementation and develop the best proposed models, as well as the institutional articulation with the public services and private companies that will make their services available in the OSS’ space, which, in a first phase, will be in the pilot municipality. After the implementation of the first OSS, it is important to proceed with the performance evaluation and to promote the institutionalization of the entity that assures the management of the OSS and the respective expansion throughout the national territory, under the supervision and superintendence of the Member of the Government, who oversees State Administration. A similar approach was implemented in Portugal.42 b. Initiate a change of the organization of the Ministry of State Administration, in terms of its attributions, to include the responsibility and supervision of the provision of public services to the population through the Balkaun Uniku (OSS), within the scope of the installation of the OSS in the Municipalities. Initially integrated in the Interministerial Technical Group for Administrative Decentralisation as a unit mission (task force), and then through the Executive Body. 2. Amendment of the Decree-Law No. 3/2016, of March 16th, which approves the Statute of

Municipal Administrations, Municipal Authorities of the Interministerial Technical Group for

Administrative Decentralisation, and place in this Technical Group the development and monitoring of the OSS pilot in Timor-Leste, in accordance with the unit’s mission established in the previous number and create a legal framework for piloting the first and second phase of the OSS. Depending on the services within the pilot relevant legislation may also need review. Similar supportive legislation was adopted in Portugal.43 3. Adoption of the OSS decree-law that enables implementation of the third stage of the OSS and creates the permanent agency for the management of the OSS, as part of the indirect administration of the State, and under the supervision and superintendence of the Ministry of State Administration. In addition, the decree-law regulates the functioning of the services to be provided at Balkaun Uniku and defines the framework of the staff: a. Balkaun Uniku ensures the provision of the services assigned to it, and in obedience to the respective organic and statutory provisions of the service owners. b. The employees in the OSS have a work regime resulting from the corresponding legal provisions applicable to the entities that hired them. c. The personnel working in the OSS depend hierarchically and functionally on the entities that hired them. Please note that the draft of OSS Law must be reviewed after the pilot and adjusted based on the analysis of its results to form a final legal package.

42 Decree-Law no. 56/98 - Approving a special public expenditure regime for the Loja do Cidadão project 43 Decree-Law no. 314/98 - Defining the regime of the services of the Directorate General of Registry and Notary in the Loja do Cidadão (Citizens' Shop)

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4. Adoption of the Decree-Law that establishes the framework for the transfer of competencies to Municipalities, under the terms of the Local Power Law, which defines the need for agreements on the transfer of powers and responsibilities to Municipalities. Similar approach was used in Portugal.44 In addition, specific laws need amendments to create a suitable legal background for piloting OSS services. The final list of the laws depends on the services to be provided by the municipalities, as they contain details about application submission, review process, decision making and communication with the applicant. While amending specific laws covering specific services, it is important to decide if local municipalities can act as decision makers or mediators. In the first case, the municipality officials are entitled to make changes in the register or decide over the issuance of documents and certificates; while in the second case they act as mediators, accepting submitted documents and issuing certificates while decisions are made by the officials in the government entities. It is important to note that municipalities can have both roles at the same time, depending on the complexity of the service. The current study focuses of the OSS law setting the main framework for piloting, and includes only a general description of the necessary changes in the supporting legal acts:

Issuance of the identity card

The Decree-Law that approves the Organic Law of the Ministry of Justice, Decree-Law no.10/2019, of 14 June, amended by Decree-Law 11/2020, of 25 March, provides, in its article 22, the competencies attributed to the General Directorate of Registry and Notary Services, with this Directorate having the objective of promoting and implementing the policies regarding registry, notary, civil identification and criminal registry. Ministerial Diploma No. 38 /DM_MJ/08/2019 of 11 September which defines the organic structure of the General Directorate of Registry and Notary Services. The issuance of the Identity Card is the responsibility of the National Directorate of Civil Identification and Criminal Records, within the organic structure of the General Directorate of Registry and Notary Services of the Ministry of Justice. There is a delegation of Civil Identification and Criminal Registry at Municipal level in all the Municipalities and the RAEOA.

44 Resolution of the Council of Ministers no. 155/2000 - Ensuring the progressive development of a network of citizen service points, guaranteeing personalised service using new technologies, through remote access to public services provided through the private communications network of the Lojas do Cidadão (Citizens' Shops) and Decree-Law 104/2018, of 29 November, which defines the rules for municipalities and local councils to install and manage Lojas de Cidadão (Citizens' Shops) and Espaços Cidadão (Citizen Spaces).

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Issuance of the birth certificate

The Decree-Law that approves the Organic Law of the Ministry of Justice, approved by Decree-Law no.10/2019, of 14 June, amended by Decree-Law 11/2020, of 25 March, provides, in its article 22, the competencies attributed to the General Directorate of Registry and Notary Services, with this Directorate having the objective of promoting and implementing the policies regarding registry, notary, civil identification and criminal registry. Ministerial Diploma No. 38 /DM_MJ/08/2019 of 11 September which defines the organic structure of the General Directorate of Registry and Notary Services. Birth and civil registration are under the jurisdiction of the General Directorate of Civil Registration and Notary, under the Ministry of Justice (MoJ). There are 13 civil registration offices, one in the capital town of every municipality. In addition, there are notary offices in Díli, Baucau and Oecusse. Whether a birth takes place in a health facility or at home, the registration process is the responsibility of the family. Within the scope of the organization of the deconcentrated services of the General Directorate of Registry and Notary Services, a birth and death registration office may operate in hospital establishments, which belongs to the civil registry office of the municipality where the respective health unit is located.

Issuance of the Voter Card

Law No. 6/2016, of 25 May, amended by Law No. 19 / 2021 of 8 September Electoral Registration Law Decree-Law No. 1/2007, of 18 January, on the Organic Statute of the Technical Secretariat of Electoral Administration The right to vote is granted to all citizens above the age of seventeen, however, the exercise of the right to vote is subject to prior registration in the electoral register. The exercise of the right to vote is subject to prior enrolment in the electoral register and possession of the Voter's Card issued by the Technical Secretariat for Electoral Administration (STAE, acronym in Portuguese), through enrolment in the offices of the decentralized STAE services or in the voter registration offices with jurisdiction over the area of habitual residence of the citizen.

The amendments regarding each pilot service need to include the following: 1. grant municipalities the necessary powers for accepting documents 2. state that the relevant service will be provided by the OSS, and that the OSS will be the main contact point

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