Decree No.

63/2011, of 7 December
Approves the Regulation for Hiring Citizens of Foreign
Nationality in the Oil and Mining Sector.

Introduction
Having there been a need to regulate the hiring of foreign nationals for
the Oil and Mining sector, pursuant to paragraph 3 of article 33, in
conjunction with the provisions of article 269, both of Law No. 23/2007,
of 1 August (Labour Law), the Council of Ministers decides:
Article 1.
To approve the Regulation for the Hiring of Foreign Nationals in the Oil
and Mining sector, in annex, which is an integral part of this Decree.
Art. 2.
The provisions of the present Regulation are without prejudice to the
general rules related to the granting of authorization for the entry and
stay of foreign nationals in the country.
Art. 3.
This Decree enters into force on the date of its publication.
Approved by the Council of Ministers, on October 6, 2011.
 CHAPTER I
Object and scope
…
CHAPTER II
General conditions for hiring foreign nationals for the Oil and
Mining Sector
…
CHAPTER III
Hiring under the quota regime
…
CHAPTER IV
Hiring regime for investment projects approved by the
government
ARTICLE 8
(Contracting conditions)
1. “approved by the Government” means approved
1. In petroleum and mining investment projects approved by the by the Council of Ministers. The Investment
Government in which the hiring of foreign citizens is foreseen in a Regulation determines which projects must be
approved by the Council of Ministers. PSA is one
percentage higher or lower than that provided for in the quota regime, of those projects based on its investment value.
work authorization is not required, communication under the terms of Work authorization is not required. Just a
article 9 of these Regulations is enough. communication to MITSS

2. The provisions of the previous paragraph are applicable to
investment projects approved the Government of the Republic of
Mozambique before and up to the date of entry into force of this
regulation, which do not provide for the number of foreign citizens to be
hired.
3. The employer must attach, to the communication letter, a copy of the
project approved by the Government that mentions the authorized
number of foreign workers to be hired, when applicable.
ARTICLE 9
(Duty to communicate)
The notification of the hiring of foreign nationals within the scope of
investment projects approved by the Government must be made within
fifteen days following the date of entry of the worker, by completing the
attached template.
ARTICLE 10
(Formalities)
1. The communication must be submitted to the entity that oversees the
area of labour in the province where the citizen of foreign nationality
intends to render his activity, with the attachment of the following
documents:
3. Here where we seem have a little bottleneck in
the process since the Internal Resolution that
approved PSA PoD does not provide details of
what is approved. But this is why this paragraph
says, in the end “when applicable”. This is our case
where the approval is done by an Internal
Resolution which is not to provide details or make
the approved content available to the public. This
is why we sent a letter to MITSS (with copy to
MIREME) and attached the resolution and the
section of the approved PoD which contains the
approved number of foreign workers. Any doubts
about it will be resolved within MIREME and
MITSS
Although the regulation says this, we do not
recommend bringing expatriates before communicating
as this may cause problems with the administration
process at MITSS. Note that the template is made for
both general quota and investment project. Not all
attachments therein are applicable
Although the legislation requires us to submit the
requests in Inhambane, we recommend the first 3 to 5
processes be submitted in Maputo. These first 3 to 5
processes will serve as an ignition to the whole process.
MITSS will be forced to quickly create PSA project with
its requirements in the system (SIMIGRA), and they
may process them centrally or transfere them to be
processed in Inhambane. They will then tell us where to
submit the rest of the processes.

a) Certified copy of the passport or DIRE of the foreign national;
b) Copy of the employment contract or the document that proves
the existence of a contractual link similar to the employment
contract between the license holder, or the concessionaire, or
the operator or subcontractor and the citizen of foreign
nationality to be admitted, containing the following elements:
i. Identification of the parties;
ii. Agreed tasks or activities;
iii. Duration of the employment contract;
iv. Remuneration and form of payment;
v. Start and end date of the contract.
c) Certificate of discharge in favour of the holder, or the
concessionaire or the operator, issued by the entity that
oversees the social security area;
d) Certificate of discharge in favour of the holder, or
concessionaire or the operator, issued by the entity that
oversees the area of finance;
e) Opinion of the entity that oversees the oil and mining sector,
which must decide whether or not to hire foreign worker;
f) Proof of payment of the fee.
2. The opinion referred to in paragraph e) of the previous number, must
be issued within fifteen days of the submission of the application by the
applicant, after which, if it has not been issued, the application is
considered rejected.
3. The agents or representatives of the titleholder, or the
concessionaire, or the operator or subcontractor, if they have not
signed a labour contract, must present the respective power of attorney,
resolution or other equivalent document that gave them a mandate.
ARTICLE 11
(Answer)
The compliance of the communication must be verified under the
terms established in article 7 of the present Regulation.
ARTICLE 7
(Answer)
The compliance of the communication must be verified at the moment
it is presented, and the respective certificate must be issued,
immediately, and be delivered to the communication bearer.
These are the only documents required for the
communication of employment of expatriates under
the investment project regime. Therefore, other
documents that are included in the template are not
applicable
On b) employment contract between the license
holder (Sasol), or Sasol’s subcontractor means that
our subcontractors will use the same quota under the
investment project (the quota is for the project,
PSA). If they don’t have office in Mozambique, we
just have to give them an indemnity letter and they
can do the rest on their own in terms of chapter 2 of
this regulation.
Rather than this, we need to consider the general
immigration requirements such as police clearance..
No need for certificates of any type to be presented
by the employee
Sasol Petroleum Mozambique must get clearance
certificates from INSS and Tax Authority. These can
be obtained in one day.
In the discussion with MITSS on the 12th January,
they mentioned that they already have a general
opion from INP but they don’t agree with the
proposal to use the Area 1 and 4 of the Rovuma
Basin, since the Decree 2/2014 applies only to those
projects. MITSS sees no need to use that system
when we have one that applies to Sasol.
We can follow the normal process that we always
followed to request INP to provide
recommendations for each expatriate that we heire
This for cases where the leader, for example the
CEO is an expatriate and is going to be based in
Mozambique. They must present the Board
appointment letter in place of the employment
contract
MITSS confirmed on the 12th January that they can
issue the certificate (Atestado) from SIMIGRA on
the same day in which they receive the
communication letter
 CHAPTER II
General conditions for hiring foreign nationals for the Oil and
Mining Sector
ARTICLE 3
(General conditions)
1. Employers must make the best efforts to create conditions for the
integration of qualified Mozambican workers in jobs of greater technical
complexity and in management and administration positions in the
company.
2. The hiring of citizens of foreign nationality may, for the purposes of
the provisions of the present Regulation, be made by the license holder,
the concessionaire, the operator or subcontractor, provided that this is
legally registered in Mozambique.
3. In the event that the subcontractor or operator is not legally
registered in the national territory, the owner or concessionaire must
issue a letter of commitment through which he assumes responsibility
for the violation of Mozambican Labour Law committed by citizens of
foreign nationality at the service of the subcontractor or operator.
4. Citizens of foreign nationality can be hired, for the oil and mining
sector, through the quota regime, the short-term work regime, regime
within the scope of investment projects approved by the
Government and the work authorization regime.
5. The quota system presupposes the hiring of a certain percentage of
citizens of foreign nationality fixed according to the total number of
Mozambican workers in the company, under the terms established in
article 5 of these Regulations.
6. The short-term work regime aims at hiring foreign nationals to carry
out occasional, unpredictable or occasional work, the duration of which
does not exceed 180 days per year, consecutive or interpolated, under
the terms of article 12 of these Regulations.
7. The regime of investment projects approved by the Government
aims to hire foreign nationals taking into account the authorized number
or the terms agreed between the Government and the concessionaire
for said contracting in a given project, under the terms of article 8 of the
present Regulation.
8. The work authorization regime aims at hiring foreign nationals with
the authorization of the Minister who oversees the area of Labour or
the entity to which he delegates, taking into account their academic or
professional qualifications, pursuant to article 13 of these Regulations.
It is also important to note what is established in the
Decree in terms of subcontractors. They have the
right to hire expatriates even if they don’t have an
office in Mozambique. They have the right to use
the quota. For example the 277 expatriates indicated
in the PoD are the total required for the whole Well
Delivery (Sasol + subcontractors).
If our subcontractor is nor registered in
Mozambique, all what we must do is to give them a
letter of commitment. This is because the
Government will not be able to find them when they
violate the laws of the country.
If they are registered or have offices in
Mozambique, all what they need is our confirmation
that they are subcontracted, and they will use the
PSA quota. The service contract is enough for this.
Article 5 is a repetition of the Labour Law: 5% for
large companies, 8% for medium large companies
and 10% for small companies
For a project to be approved by the Council of
Ministers (as per Decree 34/2009 – Investment
Regulation) it has to be of a minimum investment of
13,5 Billion Meticais. PSA Development is more
than 60 billion Meticais (Section 1.2 of the PoD).
This is why it had to be approved by the Council of
Ministers. PSA PoD determines the number of
expatriates required (section 7.5 of the PoD). By
approving the PoD, the Government of Mozambique
agreed with the numbers that are given in the PoD.
This is why we are following chapter IV, articles 8
to 11 of the Decree.
This is used when a company has used all its quota
and still requires expatriates. In this case, the
Minister must deeply analyze and approve. This
requires a lot more documents to be attached,
including academic qualifications of the expatriate
(confirmed by the Ministry of Education) to justify
the hiring.