Decree-Law No. 78-A/2021

of september 29

Summary: Amends the exceptional and temporary measures related to the COVID-19 disease pandemic.

The positive evolution of the epidemiological situation in Portugal, in the context of the COVID-19 disease pandemic, associated with the high rate of complete vaccination already achieved, and the consequent progressive lifting of the measures that have been defined by the Government since March 2020, with a recovery gradual and phased economic activities, determine the necessary adaptation of the set of exceptional and temporary measures still in force.

In this sense, the use of masks becomes mandatory only for access or permanence in certain closed environments, although this obligation may be waived when its use proves to be incompatible with the nature of the activities that citizens are carrying out .

In turn, the annual verification of the declarations of the self-employed workers for 2021, together with the annual review of the declarations for 2019 and 2020, will be carried out in the year 2022.

The COVID-19 sickness benefit is extended until December 31, 2021.

In order to deal with the accumulated backlog and to be able to respond to all citizens, the Citizens’ Shops and the Civil Identification Department – Balcão Lisboa – Campus de Justiça will now provide services on Saturdays, between 9 am and 10 pm, uninterruptedly.

Considering the exceptional circumstances of this year’s schooling caused by the COVID-19 disease pandemic, it is also important to proceed with a free distribution of new textbooks to students in the 1st cycle of basic education, with the return, for non-reuse, of the manuals distributed for this cycle in the previous academic year, as well as delimiting the availability of digital licenses until the 2021/2022 academic year, in order to assess the effectiveness of the measure in the context of the development and generalization of the dematerialization of educational resources.

Finally, in order to promote a clear, correct and duly updated ordering, the rules that should no longer produce legal effects are unequivocally identified, expressly determining the termination of their validity.

Thus:

Under the terms of subparagraph a) of paragraph 1 of article 198 of the Constitution, the Government decrees the following:

Article 1

Object

This decree-law proceeds:

a) The thirty-first amendment to Decree-Law No. 10-A/2020 , of 13 March, which establishes exceptional and temporary measures relating to the epidemiological situation of the new coronavirus – COVID-19;

b) The second amendment to Decree-Law No. 18-A/2020 , of 23 April, amended by Decree-Law No. 39-A/2020 , of 16 July, which establishes exceptional and temporary measures in the area the sport in response to the COVID-19 disease pandemic;

c) The fifth amendment to Decree-Law no. 79-A/2020 , of October 1st, amended by Decree-Law no. 94-A/2020 , of November 3rd , 99/2020 , of November 22nd , 106-A/2020 , of December 30, and 29-A/2021 , of April 29, which establish an exceptional and transitory regime for the reorganization of work and minimization of the risks of transmission of the COVID-19 disease infection in the scope of labor relations;

d) The third amendment to Decree-Law no. 10-B/2021 , of February 4, amended by Decree-Law no. 22-D/2021 , of March 22, and by Law no. A/2021 , of May 25, which establishes exceptional and temporary measures in the area of ​​education, within the scope of the COVID-19 disease pandemic;

e) The first amendment to Decree-Law No. 22-A/2021 , of 17 March, which extends deadlines and establishes exceptional and temporary measures within the scope of the COVID-19 disease pandemic;

f) The first amendment to Decree-Law No. 35-A/2021 , of 18 May, which regulates the access, occupation and use of bathing beaches, in the context of the COVID-19 disease pandemic, for the bathing season of 2021.

Article 2

Amendment to Decree-Law No. 10-A/2020 , of March 13

Articles 13-B, 25-A, 35-V and 37-A of Decree-Law no. 10-A/2020 , of 13 March, in their current wording, become have the following wording:

“Article 13-B

[…]

1 – The use of masks or visors is mandatory to access or stay inside the following places:

a) Commercial spaces and establishments, including shopping centers, with an area greater than 400 m2;

b) Citizen Shops;

c) Education, teaching and crèche establishments, except in outdoor recreational spaces;

d) Concert halls, cinematographic film exhibition halls, congress halls, venues for events of a corporate nature, improvised venues for events, namely cultural, or similar;

e) Enclosures for sporting events and celebrations;

f) Health facilities and services;

g) Residential or reception structures or home support services for vulnerable populations, elderly people or people with disabilities, as well as integrated continuous care units of the National Integrated Continuous Care Network and other residential structures and responses dedicated to children and young people;

h) Locations where this is determined in the norms of the General Directorate of Health.

2 – It is mandatory to wear masks or visors by workers in bars, clubs, restaurants and similar, as well as in commercial and service establishments where physical contact with the customer necessarily occurs.

3-the obligation referred to in the preceding paragraphs is waived when, depending on the nature of the activities, its use is impracticable.

4 – The use of masks or visors is mandatory in the use of public transport for passengers, including air transport, as well as in the transport of passengers by taxi or TVDE.

5-for the purposes of the preceding paragraph, the use of collective passenger transport begins under the terms of paragraph 2 of article 2 of Law no. 28/2006 , of 4 July, in its current wording , this precept being applicable to air transport, with the necessary adaptations.

6 – The obligation to use a mask or visor under the terms of this article is only applicable to persons over the age of 10, except in educational and educational establishments, in which the obligation to use a mask by students only applies from 2nd cycle of basic education, regardless of age.

7 – The obligation referred to in paragraphs 1, 2 and 4 is waived upon presentation of:

The) […]

B) […]

8 – (Former No. 7.)

9 – […]

10 – Without prejudice to the following paragraph, in case of non-compliance, the persons or entities referred to in paragraph 8 must inform users without masks that they cannot access, stay or use spaces, establishments or collective passenger transport and inform the authorities and security forces of this fact in case the users insist on not fulfilling that obligation.

11-in the workplace, the employer may implement the technical and organizational measures that guarantee the protection of workers, including the use of appropriate personal protective equipment, such as masks or visors, without prejudice to the provisions of Decree-Law no. /97 , of April 16, in its current version.

Article 25-A

Exceptional protection regime for people with immunosuppressive conditions

1 – Persons with immunosuppression conditions who require the administration of an additional dose of the vaccine against COVID-19 in accordance with the rules of the General Directorate of Health in force on October 1, 2021 can justify the absence from work, by means of a medical statement , as long as they cannot perform their activity in a telecommuting regime or through other forms of provision of activity.

2-the medical statement referred to in the preceding paragraph must attest to the health condition of the worker that justifies their special protection, and be issued, with a legible date and signature, by a physician of the specialty related to the clinical grounds.

3 – (Revoked.)

Article 35-V

Annual review of declarations of self-employed workers

1 – In the year 2022, the social security services carry out the annual review of the statements relating to 2021 together with the annual review of the statements relating to 2019 and 2020.

2 – The payment of contributions resulting from the annual review of the declarations for 2019, 2020 and 2021 is considered, for all purposes, as made after the deadline from the date on which the payment of contributions resulting from the review is considered after the deadline annual report for 2021.

Article 37-A

[…]

1 – […]

2 – Article 20 is effective until December 31, 2021.

3 – […]»

Article 3

Amendment to Decree-Law No. 79-A/2020 , of October 1st

Article 5.º-B of Decree-Law No. 79-A/2020 , of 1 October, in its current wording, is replaced by the following wording:

“Article 5-B

[…]

[…]

a) The worker, upon medical certification, is covered by the exceptional regime for the protection of people with conditions of immunosuppression, pursuant to article 25-A of Decree-Law no. 10-A/2020 , of 13 March , in its current wording;

B) […]

c) The worker has a child or other dependent dependent, regardless of age, with a disability or chronic illness, who, in accordance with the guidelines of the health authority, is considered at risk and who is unable to attend school activities and face-to-face training in a group or class context.”

Article 4

Amendment to Decree-Law No. 35-A/2021 , of 18 May

Articles 14, 15, 20 and 31 of Decree-Law No. 35-A/2021 , of 18 May, are replaced by the following:

“Article 14

[…]

1 – […]

two – […]

3 – […]

4 – Circulation in crossing areas implies maintaining a physical safety distance of one and a half meters between each user, avoiding stops at accesses.

5 – […]

6 – […]

Article 15

[…]

1 – When circulating on crosswalks, walls and sidewalks, the physical safety distance of one and a half meters between each user must be maintained.

two – […]

3 – […]

4 – […]

Article 20

[…]

1 – […]

2 – In the sanitary facilities, the use of footwear is mandatory, and personal protection behaviors must be adopted, such as hand hygiene, safety distance and respiratory etiquette measures.

3 – […]

4 – […]

5 – […]

Article 31

[…]

1 – […]

The) […]

B) […]

c) Violation of the obligation to use a mask provided for in paragraph 2 of article 24 and in paragraph 2 of article 27;

d) […]

and) […]

f) […]

g) […]

H) […]

i) […]

j) […]

two – […]”

Article 5

Amendment to Decree-Law No. 10-A/2020 , of 13 March

Article 13-E is added to Decree-Law No. 10-A/2020 , of 13 March, in its current wording, with the following wording:

“Article 13-E

Additional Saturday service at public services

Until December 31, 2021, the periods of operation and service in Citizens’ Shops, provided for, respectively, in articles 8 and 9 of Decree-Law No. 187/99 , of June 2, in its current wording, as well as at the Civil Identification Department – Balcão Lisboa – Campus de Justiça, can be extended on Saturdays, without interruption, between 9:00 am and 10:00 pm, to carry out all the services or only those that are necessary in light of the accumulated pending.»

Article 6

Amendment to Decree-Law No. 18-A/2020 , of April 23

Articles 8-A and 8-B are added to Decree-Law No. 18-A/2020 , of 23 April, in its current wording, with the following wording:

“Article 8-A

Support to sports clubs

1 – Support to sports clubs granted under the REACTIVATE SPORT measure of the Support Fund for the Recovery of Physical and Sports Activity, provided for in paragraph a) of paragraph 8 of the Resolution of the Council of Ministers no. 33-A/ 2021 , of March 24, apply, with the necessary adaptations, the rules relating to sports development program contracts, provided for in Law No. 5/2007 , of January 16, in its current wording, and in the Decree -Law No. 273/2009 , of October 1, in its current wording, with the exception of the requirement to present sports development programs and the provisions of the following number.

2 – The provisions of paragraph 2 of article 3 of Decree-Law no. 273/2009 , of 1 October, in its current wording, do not apply to the support provided for in the previous number .

Article 8-B

Credit guarantee

For the purposes of guaranteeing the credit line established under the “FEDERATIONS + SPORTS PROGRAM”, provided for in no. 10 of the Resolution of the Council of Ministers no. 33-A/2021 , of 24 March, to financial support granted by the Portuguese Institute of Sports and Youth, IP, the provisions of paragraph 2 of article 47 of Law no. 5/2007 , of 16 January, in its current wording, and no. 1 of the article 6 of Decree-Law No. 273/2009 , of 1 October, in its current wording.”

Article 7

Amendment to Decree-Law No. 10-B/2021 , of February 4th

It is added to Decree Law No. 10-B / 2021 of 4 February, in its current wording, Article 3f, with the following wording:

“Article 3-F

Free school textbooks

1 – At the beginning of the school year 2021/2022, all students who attend compulsory education in the public network of the Ministry of Education are guaranteed free access to school manuals, complemented by digital licenses.

2 – School manuals in physical support are made available to students by groups of schools or non-grouped schools, upon receipt and commitment to return signed by the respective guardians and effective return of the manual in cases where the student has had received a free manual, without prejudice to the provisions of the following number.

3 – For the purposes of the preceding paragraph, the guardians are responsible for any loss or deterioration of the manual received, except for the wear and tear arising from its normal, prudent and appropriate use, given the type of use and discipline for which they were designed , state in which it was received by the student, student’s age and other subjective and objective circumstances that make this same responsibility unenforceable.

4 – Each student is entitled to a single copy of the adopted textbooks, by discipline and by academic year, whenever possible from the reuse of textbooks collected in the previous year in the same school or in any other school or group that has adopted it.

5 – In each grouping of schools or non-grouped school, a bag of textbooks is constituted, consisting of textbooks used by students in the previous school year that are in a state of conservation suitable for reuse, as well as those that are donated or acquired by school or clusters of schools to meet next year’s needs.

6-the Government member responsible for the area of ​​education defines the procedures and conditions for free availability and purchase through voucher, use, return and reuse of school manuals.

7-the Government member responsible for the area of ​​education also defines, under the terms of the applicable legislation, the conditions for the adoption and certification of school manuals that enhance the reuse of textbooks in all levels of education.

8 – The provisions of paragraph 1 do not apply to students who attend compulsory education in the public network of the Ministry of Education covered by the pilot project for the dematerialization of school manuals, who are guaranteed free access to manuals in digital format as well. as to other didactic-pedagogical resources.

9 – At the beginning of the 2021/2022 school year, new textbooks are distributed free of charge to all students in the 1st cycle of basic education in the public network of the Ministry of Education.

10 – The invoicing process for textbooks adopted by public education establishments and by private and cooperative education establishments with an association contract is centralized in the Institute for Financial Management of Education, IP, which issues commitments to suppliers and makes the corresponding payment to these.”

Article 8

Amendment to Decree-Law No. 22-A/2021 , of March 17

Article 11-A is added to Decree-Law No. 22-A/2021 , of 17 March, with the following wording:

“Article 11-A

Acquisition of SARS-CoV-2 diagnostic testing services

Without prejudice to the application of Law No. 4/2007 , of January 16, in its current wording, which approves the general bases of the social security system, it is an expense of the social action subsystem, regardless of the legal nature of the recipient institutions, the one carried out by the Social Security Institute, IP, until December 31, 2021, with the acquisition of SARS-CoV-2 diagnostic testing services, to be carried out, in accordance with the rules of the General Directorate of Health , to workers affected by social responses in support of elderly people, people with disabilities and childhood.”

Article 9

Revoking rule

Are revoked:

a) Paragraphs 3 to 7 of article 6, articles 6-C, 8, 9, 9-A and 10, paragraph 1 of article 12. º, articles 13-A, 13-D, 14, 15, 15-A, 18 and 18-A, paragraph 3 of article 25 -A, articles 25-D, 30-A, 32-A and 35-A, paragraph 7 of article 35-B, article 35-C, paragraphs 2 to 4 of article 35-D and articles 35-K, 35-M, 35-N and 35-P of Decree-Law no. 10-A /2020 , of March 13, in its current wording;

b) Decree-Law No. 14-B/2020 , of 7 April, in its current wording;

c) Decree-Law No. 14-G/2020 , of 13 April, in its current wording;

d) Decree-Law No. 24/2020 , of 25 May, in its current wording;

e) Decree-Law No. 14-A/2021 , of 12 February, in its current wording;

f) Article 11 of Decree-Law No. 22-A/2021 , of 17 March;

g) Paragraph d) of article 5 of Decree-Law No. 35-A/2021 , of 18 May.

Article 10

Effects production

Article 6 takes effect on 25 March 2021, article 7 takes effect on 1 June 2021 and articles 2, 3, 4, 5, 8 and 9 take effect on 1 October 2021.

Article 11

Implementation

This decree-law enters into force on the day following its publication.

Seen and approved by the Council of Ministers on September 23, 2021. – António Luís Santos da Costa – Pedro Gramaxo de Carvalho Siza Vieira – Mariana Guimarães Vieira da Silva – João Rodrigo Reis Carvalho Leão – Jorge Filipe Teixeira Seguro Sanches – Francisca Eugénia da Silva Dias Van Dunem – Alexandra Ludomila Ribeiro Fernandes Leitão – Tiago Brandão Rodrigues – Ana Manuel Jerónimo Lopes Correia Mendes Godinho – Marta Alexandra Fartura Braga Temido de Almeida Simões – Inês dos Santos Costa – Hugo Santos Mendes.

Enacted on September 28, 2021.

Publish yourself.

The President of the Republic, Marcelo Rebelo de Sousa.

Countersigned on September 28, 2021.

The Prime Minister, António Luís Santos da Costa.