Procurement Law | Timor-Leste Ministry of Finance CNA[1]-en
IV CONSTITUTIONAL GOVERNMENT
DECREE-LAW NO.
/2011
OF ….
Establishing the National Procurement Commission
The National Procurement Commission follows the approval of a more efficient and
effective procurement system and involves new entities taking part in the process, such as
the National Development Agency and the Large Projects Secretariat.
The National Procurement Commission seeks to provide better procurement services to
ministries and other public entities, namely in what regards large infrastructure projects, as
well as achieve proper transparency for a State procurement process. As such, it is important
to determine the structure, competences and tasks of the National Procurement
Commission.
Thus,
Under section 115.3 of the Constitution of the Republic, the Government decrees the
following, to prevail as law:
CHAPTER I
Nature, purpose and tasks
Article 1
Nature
The National Procurement Commission, henceforth NPC for short, is a State direct
administration service under the Prime Minister.
Article 2
Purpose
The purpose of the NPC is to carry out procurement procedures for projects worth at least
$1,000,000 (one million dollars), as well as to monitor and provide technical assistance to
other procurement procedures done within the scope of all public entities.
Article 3
Tasks
The NPC has the following tasks:
(a) Carry out procurement procedures worth at least $1,000,000 (one million dollars);
(b) Provide technical assistance and advisory to procurement procedures up to
$1,000,000 (one million dollars);
(c) Collaborate with the National Development Agency, the Large Projects Secretariat,
ministries and other public entities according to the law;
(d) Any other tasks given to it by law.
CHAPTER II
Structure
Article 4
Structure
1. The NPC is headed by a Director, who is equivalent to a Director-General and is
appointed by dispatch, via secondment, in the legal terms.
2. The NPC also includes specialists with acknowledged professional experience in the
areas of procurement, lawmaking, finance and commerce, as well as in the specific area
of the project, appointed by dispatch from the Prime Minister.
Article 5
Tasks of the Director
1. The NPC Director is responsible for:
(a) Managing and superintending all NPC activities;
(b) Drafting annual and multi-year activity plans and submitting them to the approval of
his superiors;
(c) Drafting activity reports and submitting them to the appreciation of his superiors;
(d) Proposing the staffing profile;
(e) Validating the procurement procedure prior to submission to the Infrastructure
Fund Administration Board or to the Council of Ministers for approval;
(f) Promoting any other actions required for pursuing the mission of the NPC.
CHAPTER III
Staff
Article 6
Staffing profile
The staffing profiles and vacancies for the NPC shall be approved according to the
applicable legal provisions in terms of Public Administration career regime.
CHAPTER IV
Transitory and final provisions
Article 7
Articulation with other services and bodies
Ministries and other State bodies shall collaborate with the NPC and articulate their activities
so as to promote a streamlined and integrated action by the Government policy for the areas
listed in article 3.
Article 8
Transitory provisions
1. The NPC may request the seconding of staff members from other State services, as well
as hire national or international advisors, to provide it with support in order to fulfil its
tasks.
2. The NPC may hire specialized companies in order to pursue their tasks.
Article 9
Repeals
1. Decree-Law no. 3/2010 of 18 February, approving the Organic of the Commission for
Monitoring the Procurement Procedure and the Technical Procurement Secretariat, is
hereby repealed.
2. Decree-Law no. 14/2010 of 26 August, on Temporary Procurement Measures, is hereby
repealed.
Article 10
Entry into force
The present Decree-Law enters into force on the day after its publication.
Approved by the Council of Ministers on 16 March 2011.
The Prime Minister,
__________________________
Kay Rala Xanana Gusmão
The Minister of Finance,
__________________________
Emília Pires
Promulgated on
Publish it.
The President of the Republic,
________________________
José Ramos-Horta
DECREE-LAW NO.
/2011
OF ….
Establishing the National Procurement Commission
The National Procurement Commission follows the approval of a more efficient and
effective procurement system and involves new entities taking part in the process, such as
the National Development Agency and the Large Projects Secretariat.
The National Procurement Commission seeks to provide better procurement services to
ministries and other public entities, namely in what regards large infrastructure projects, as
well as achieve proper transparency for a State procurement process. As such, it is important
to determine the structure, competences and tasks of the National Procurement
Commission.
Thus,
Under section 115.3 of the Constitution of the Republic, the Government decrees the
following, to prevail as law:
CHAPTER I
Nature, purpose and tasks
Article 1
Nature
The National Procurement Commission, henceforth NPC for short, is a State direct
administration service under the Prime Minister.
Article 2
Purpose
The purpose of the NPC is to carry out procurement procedures for projects worth at least
$1,000,000 (one million dollars), as well as to monitor and provide technical assistance to
other procurement procedures done within the scope of all public entities.
Article 3
Tasks
The NPC has the following tasks:
(a) Carry out procurement procedures worth at least $1,000,000 (one million dollars);
(b) Provide technical assistance and advisory to procurement procedures up to
$1,000,000 (one million dollars);
(c) Collaborate with the National Development Agency, the Large Projects Secretariat,
ministries and other public entities according to the law;
(d) Any other tasks given to it by law.
CHAPTER II
Structure
Article 4
Structure
1. The NPC is headed by a Director, who is equivalent to a Director-General and is
appointed by dispatch, via secondment, in the legal terms.
2. The NPC also includes specialists with acknowledged professional experience in the
areas of procurement, lawmaking, finance and commerce, as well as in the specific area
of the project, appointed by dispatch from the Prime Minister.
Article 5
Tasks of the Director
1. The NPC Director is responsible for:
(a) Managing and superintending all NPC activities;
(b) Drafting annual and multi-year activity plans and submitting them to the approval of
his superiors;
(c) Drafting activity reports and submitting them to the appreciation of his superiors;
(d) Proposing the staffing profile;
(e) Validating the procurement procedure prior to submission to the Infrastructure
Fund Administration Board or to the Council of Ministers for approval;
(f) Promoting any other actions required for pursuing the mission of the NPC.
CHAPTER III
Staff
Article 6
Staffing profile
The staffing profiles and vacancies for the NPC shall be approved according to the
applicable legal provisions in terms of Public Administration career regime.
CHAPTER IV
Transitory and final provisions
Article 7
Articulation with other services and bodies
Ministries and other State bodies shall collaborate with the NPC and articulate their activities
so as to promote a streamlined and integrated action by the Government policy for the areas
listed in article 3.
Article 8
Transitory provisions
1. The NPC may request the seconding of staff members from other State services, as well
as hire national or international advisors, to provide it with support in order to fulfil its
tasks.
2. The NPC may hire specialized companies in order to pursue their tasks.
Article 9
Repeals
1. Decree-Law no. 3/2010 of 18 February, approving the Organic of the Commission for
Monitoring the Procurement Procedure and the Technical Procurement Secretariat, is
hereby repealed.
2. Decree-Law no. 14/2010 of 26 August, on Temporary Procurement Measures, is hereby
repealed.
Article 10
Entry into force
The present Decree-Law enters into force on the day after its publication.
Approved by the Council of Ministers on 16 March 2011.
The Prime Minister,
__________________________
Kay Rala Xanana Gusmão
The Minister of Finance,
__________________________
Emília Pires
Promulgated on
Publish it.
The President of the Republic,
________________________
José Ramos-Horta