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Social Security

Você está aqui: To request an Operating License

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To request an Operating License


Purpose

Competent Authorities
How to contact them?

Competent Authorities/ contacts

Procedures
Time period set for the licenses issuing
Procedures

Time limit for the licenses issuing / decision

Documentation
Necessary documents
Form
Documentation

Costs and validity
Total costs
Estimated legal costs
Validity

More information
Legislation-Settlement of disputes-Refusals
Useful information
CAE (Rev III) (Classification of Economic Activities - Rev III)
Reasons for refusal
Means for the settlement of disputes

Observations
And other requirements
Observations and other assumptions



azul Purpose

The purpose is to obtain an Operating License for the Social Support Establishments in order that they may carry out the activity of:

  • Social Reinsertion Apartment
  • Leisure Activities Centre
  • Occupational Activities Centre
  • Day Centre
  • Night Centre
  • Day Nursery
  • Supporting Home
  • Nursing Home
  • Residential Home
  • Residency for elderly people
  • Home Care Service


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    azul Competent Authorities

    How to contact them?
    Competent Authorities/ contacts


    Central Authority

    Instituto da Segurança Social, IP – Departamento de Desenvolvimento Social
    (Social Security Institute, IP – Department for Social Development)
    Rua Castilho n.º 5, 3.º – 1250-066 Lisboa
    Phone No: 213 184 900

    E-mail: ISS-Licenciamento-Central@seg-social.pt





    Competent Licensing Authorities in the Continent

    Centro Distrital de Aveiro
    (District Social Security Centre of Aveiro)
    Rua Dr. Alberto Soares Machado, 3804-504 Aveiro
    Phone No.: 234 401 600

    Centro Distrital de Beja
    (District Social Security Centre of Beja)
    Rua Prof. Bento de Jesus Caraça, n.º 25, 7801-951 Beja
    Phone No.: 284 312 700



    Centro Distrital de Braga
    (District Social Security Centre of Braga)
    Praça da Justiça, 4714-505 Braga
    Phone No.: 253 613 080



    Centro Distrital de Bragança
    (District Social Security Centre of Bragança)
    Av. General Humberto Delgado, 5301-859 Bragança
    Phone No.: 273 302 000



    Centro Distrital de Castelo Branco
    (District Social Security Centre of Castelo Branco)
    Rua da Carapalha, n.º 2 – A, 6000-164 Castelo Branco
    Phone No.: 272 330 499


    Centro Distrital de Coimbra
    (District Social Security Centre of Coimbra)
    Rua Abel Dias Urbano, n.º 2 - R/C, 3004-519 Coimbra
    Phone No.: 239 410 700



    Centro Distrital de Évora
    (District Social Security Centre of Évora)
    Av. Combatentes da Grande Guerra – Apartado 163, 7002-502 Évora
    Phone No.: 266 760 300



    Centro Distrital de Faro
    (District Social Security Centre of Faro)
    Rua Pintor Carlos Porfírio, n.º 35, 8000-241 Faro
    Phone No: 289 891 400



    Centro Distrital da Guarda
    (District Social Security Centre of Guarda)
    Av. Coronel Orlindo de Carvalho, 6300-680 Guarda
    Phone No: 271 232 600



    Centro Distrital de Leiria
    (District Social Security Centre of Leiria)
    Largo da República, n.º 3, 2414-001 Leiria
    Phone No: 244 890 700



    Centro Distrital de Lisboa
    (District Social Security Centre of Lisbon)

    Av. Afonso Costa, 6/8, 1900-034 Lisboa
    Phone No: 218 420 600



    Centro Distrital de Portalegre
    (District Social Security Centre of Portalegre)
    Praça João Paulo II, 7 – Apartado 18, 7301-959 Portalegre
    Phone No: 245 339 800



    Centro Distrital do Porto
    (District Social Security Centre of Oporto)
    Rua António Patrício, n.º 262, 4199-001 Porto
    Phone No: 226 088 100



    Centro Distrital de Santarém
    (District Social Security Centre of Santarém)
    Largo do Milagre, 49/51 – Apartado 28, 2000-069 Santarém
    Phone No: 243 330 400



    Centro Distrital de Setúbal
    (District Social Security Centre of Setúbal)
    Praça da República – Apartado 47, 2901-860 Setúbal
    Phone No: 265 542 700



    Centro Distrital de Viana do Castelo
    (District Social Security Centre of Viana do Castelo)
    Rua da Bandeira, 600, 4901-866 Viana do Castelo
    Phone No: 258 810 300



    Centro Distrital de Vila Real
    (District Social Security Centre of Vila Real)
    Rua D. Pedro de Castro, n.º 110 – Apartado 208, 5000-669 Vila Real
    Phone No: 259 308 700



    Centro Distrital de Viseu
    (District Social Security Centre of Viseu)
    Av. Dr. António José Almeida, n.º 35, 3514-509 Viseu
    Phone No: 232 439 400



    Competent Licensing Authorities in the Autonomous Regions

    Madeira – Centro de Segurança Social da Madeira
    (Madeira – Social Security Centre of Madeira)
    Rua Elias Garcia, N.º 14, 9054-503 Funchal
    Phone No .: 291 205 100



    Açores – Instituto de Acção Social
    (Azores – Social Support Institute)
    Rua Almirante Botelho de Sousa, 9500 Ponta Delgada
    Phone No: 296 629 816



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    azul Procedures

    Time period set for the licenses issuing
    Procedures


    The Social Support Institutions cannot start to develop an activity without previously obtaining the respective Operating Licence.

    The District Centres of the Social Security Institute are the competent authorities responsible for the activity licensing process.

    In order to obtain an Operating License, the institution concerned must previously obtain the document - “License or Authorization of Use” -, issued by the Municipal Council, within the scope of the construction licensing procedure.

    The licensing process begins with the completion of a specific form. This form is sent with the necessary documents to the District Social Security Centre responsible for the licensing process within the geographical area of the establishment.



    Licensing conditions

    The conditions required for an operating license to be granted are:
    a) the existence of facilities and equipment adequate for the activity development;
    b) the presentation of a draft on Internal Rules of Procedure, containing:

  • The admission conditions for users;
  • The internal rules of procedure;
  • The price list or table of capital contributions, mentioning the services provided and the way and frequency of its updating.

    • c) the existence of a staff chart adequate to the activity development, according to specific rules of the social response;
    d) the applicant must have his contributions for the Social Security and Tax Administration in order;
    e) the applicant and staff of the establishment must be suitable for the activity.

    The operating license is issued after the process conclusion, provided that the establishment complies with all the legally established requirements.




    Provisional Operating Authorisation

    When the applying establishment does not fulfil all the operating conditions required for the license granting, but one can certainly foresee that these conditions are going to be satisfied, a Provisional Operating Authorisation may be granted by the competent authority.
    However, this cannot be done if the operating conditions of the establishment are likely to jeopardize the users’ health, safety and welfare.




    License Publication

    The Operating License/ Provisional Operating Authorisation issued by the District Social Security Centre of ISS, IP. is published on the website www.seg-social.pt. It is also compulsory to display these documents in a clearly visible place in the establishment facilities.




    Owner’s Obligations

    After the license is issued, the establishment owner or holder is obliged to:
    1. provide the access to all the establishment’s branch offices and the necessary information for the evaluation and monitoring of service operations, to the supervision and inspection authorities.
    2. send the following documents/information to the Social Security Institute, I.P.:

  • every year - the price list in force, the statistical reports of users and the list of the existing staff in the establishment, accompanied by a statement mentioning that there is none of the constraints referred in Article 14 of the Decree-Law No. 64/2007;
  • until 30 days before the license entry into force - the amendments to the establishment Internal Rules of Procedure;
  • within 30 days - information about any change of the circumstances mentioned in Article 18 of the same Law, as well as the interruption or cessation of activities on their own initiative.
  • The interruption of the establishment’s activity for a period longer than 1 year determines the suspension of the license by the District Social Security Centre. In these situations, the license holder may claim the end of the license’s suspension.


    • The establishments must be subject to follow-up visits, at least every two years, so that their operating conditions may be evaluated.





    Time limit for the license’s issuing / decision

    The decision about the operating license request is notified within 30 days from the date of the receipt of a duly completed application.
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    azul Documentation

    Necessary documents
    Form


    The applicant must fill in the Form (Mod AS 61/2009-DGSS) in order to obtain the operating license. This form is directed to E-mail::ISS-Licenciamento-Central@seg-social.pt.





    Documentation

    The application form must be submitted with the following documents:

  • copy of the legal person identification card or the Identity Card/Citizen Card of the applicant (1)
  • copy of the individual taxpayer card (2);
  • certificate of registration or enrolment and copy of the statutes, in case the applicant is a legal person(2);
  • certificate of the criminal record from the applicant or from the legal representatives of the applying organization(2);
  • declaration of contributive situation issued by the tax administration or permission for the competent authorities of Social Security to investigate this information(2);
  • certificate of ownership title or use of the facilities;
  • license or authorization of use;
  • staff chart, stating the staff’s professional categories, academic qualifications and functional content;
  • draft of the internal rules of procedure.


    • The national applicants must fulfil all the above mentioned requirements.

    (1)(1) Identity document issued by the applicant’s EC Member State of origin.
    (2) The applicants from other Member States of the European Community are not obliged to fulfil these requirements.


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    azul Costs and validity

    Total costs
    Estimated legal costs

  • operating license issuing — € 199,89;
  • provisional operating authorization issuing — € 133,13;
  • operating license issuing after the fulfilment of the conditions set out in the provisional operating authorisation — € 99,95;
  • Replacement of the operating license — € 99,95.





    Validity

    The operating license does not have a time limit, although it lapses if the activity is interrupted for a period of more than 5 years, or due to final cessation of activity.

    The temporary operating authorization is issued within a maximum period of 180 days, and may be extended for the same period, but only once.

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    azul More information

    Legislation-Settlement of disputes-Refusals
    Useful information

    Licensing Legislation:

    Portaria n.º 348/2008, de 2 de Maio
    (Administrative Rule No. 384/2008, of 2 May)
    It establishes the rates due for acts related with the social support establishments licensing process and defines the documents used for the same acts.


    O Decreto-Lei n.º 64/2007, de 14 de Março
    (Decree-Law No. 64/2007, of 14 May)
    It regulates the licensing and supervision system of such establishments, in Continental Portugal. In what concerns the Azores and Madeira Autonomous Regions, this Decree-Law is applicable, according to the provisions of article 131 of Law No. 32/2002 of 20 December, with the necessary adaptations, resulting from the specificity of the competent services in this matter.


    Decreto-Lei n.º 133-A/97, de 30 de Maio
    (Capítulo IV)
    (Decree-Law No. 133-A/97 of 30 May - Chapter IV)
    Penalty Rules.






    Legislation applicable to the Social Reinsertion Apartments

    Decreto-Lei n.º 72/99, de 15 de Março
    (Decree-Law No. 72/99 of 15 March)
    It reviews the legal framework of support to private institutions, in the area of treatment and social reintegration of drug addicts.




    Legislation applicable to the Leisure Activities Centres

    Despacho Normativo n.º 96/89, 21 de Outubro
    (Normative Order No. 96/89 of 21 October)
    It establishes Regulatory Standards of installing and operating Conditions of Leisure Activities Centres with profit-making purposes.




    Legislation applicable to the Occupational Activities Centres

    Decreto-Lei n.º 18/89, de 11 de Janeiro
    (Decree-Law No. 18/89 of 11 January)
    It regulates occupational support activities for severely handicapped people.


    Despacho 52/SESS/90, de 16 de Julho
    (Order No. 52/SESS/90 of 16 July)
    It regulates the establishment, creation and operation of services and equipments that develop occupational support activities for handicapped people.


    Portaria n.º 432/2006, de 3 de Maio
    (Administrative Rule No. 432/2006 of 3 May)
    It regulates the activities developed in the Occupational Activities Centres.




    Legislation applicable to Day Centres

    Technical Guide for Day Centres
    Prepared by the Directorate General of Social Action, approved by Order of SEIS of 29 November 1996.




    Legislation applicable to Night Centres

    Technical Guide for Night Centres
    (Circular No. 12 of 25 June 2004). Prepared by the Directorate General for Solidarity and Social Security and approved by Order of 19 May 2004 from the Minister of Labour and Social Security.




    Legislation applicable to Day Nurseries

    Despacho Normativo n.º 99/89, de 27 de Outubro
    (Normative Order No. 99/89 of 27 October)
    It approves the Regulatory Standards of installing and operating conditions of Day Nurseries with profit-making purposes.




    Legislation applicable to Supporting Homes

    Technical Guide for Supporting Homes
    Prepared by the Directorate General of Social Action in December of 1996.




    Legislation applicable to Nursing Homes

    Despacho Normativo n.º 12/98, de 25 de Fevereiro
    (Normative Order No. 12/98 of 25 February)
    It establishes the Regulatory Standards of installing and operating Conditions of Nursing Homes with profit-making purposes.




    Legislation applicable to Residential Homes

    Despacho Normativo n.º 28/2006, de 3 de Maio
    (Normative Order No. 28/2006 of 3 May)
    It approves the Regulatory Standards of Installing and operating Conditions of Residential Structures for handicapped people.




    Legislation applicable to Residencies for Elderly people

    Despacho Normativo n.º 12/98, de 25 de Fevereiro
    (Normative Order No. 12/98 of 25 February)
    It establishes the Regulation concerning the Installing and operating Conditions of nursing homes for the elderly, with profit-making purposes.


    Despacho Normativo n.º 30/2006, de 8 de Maio
    (Normative Order No. 30/2006 of 8 May)
    It determines the rules for the establishment of residential structures for elderly people.




    Legislation applicable to Home Care Services

    Decreto-Lei n.º 141/89, de 28 de Abril
    (Decree-Law No. 141/89 of 28 April)
    It defines the legal and social protection scheme for family helpers.



    Despacho Normativo n.º 62/99, de 12 de Novembro
    (Normative Order No. 62/99 of 12 November)
    It approves the Regulatory Standards of establishment, placement, installing and operating conditions of Home Care Services with profit-making purposes.






    CAE (Rev III)

    85314 – Social Reinsertion Apartment
    85321 – Leisure Activities Centre
    85322 – Occupational Activities Centre
    85323 – Day Centre
    85313 – Night Centre
    85321 – Day Nursery
    85312 – Supporting Home
    85313 – Nursing Home
    85312 – Residential Home
    85313 – Residency for Elderly People
    85323 – Home Care Service





    Reasons for refusal

    The application is refused when the conditions and requirements set out in the Decree-Law No. 64/2007 of 14 March, and mentioned in the licensing procedure, are not fulfilled.

    People who have any of the following constraints cannot work in this kind of establishments, under any circumstances
    a) those who have been interdicted from working in any establishment covered by the Decree-Law No. 64/2007 of 14 March;
    b) those who have been convicted by res judicata judgement and were interdicted from professional practice in activities carried out in establishments of similar nature, whatever the nature of the crime committed.

    These constraints apply to directors, managing directors, managers and members of the institutions social bodies, in case the applicant is a legal person.




    Means for the settlement of disputes

    In what regards the penalty rules, the provisions of Chapter IV of the Decree-Law No. 133-A/97 of 30 May are to be applied.

    The legislation does not provide means to solve disputes. According to the National Law, economic agents may appeal against administrative acts, through a hierarchical appeal addressed to the highest hierarchical superior of the person responsible for the act. Later, they can appeal against the decision before the administrative courts.


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    azul Observations

    And other requirements
    Observations and other assumptions

    In addition to the fulfilment of the conditions set to obtain an operating license, the applicants must also fulfil the conditions set out in the specific legislation for this social response.







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    Informação actualizada a 02/02/2010

    • Conformidade