Act No. 113 / 2020 Coll.
Act amending Act No. 211 / 2000 Coll., on the State Fund for the Development of Housing and amending Act No. 171 / 1991 Coll., on the Jurisdiction of the Bodies of the Czech Republic on Transfers of State Property to Other Persons and on the National Property Fund of the Czech Republic, as amended, as amended, and other related laws
Valid
Law
Effective from 01.06.2020
Text versions:
01.06.2020
24.03.2020
113
THE LAW
of 3 March 2020
amending Act No. 211 / 2000 Coll., on the State Housing Development Fund and amending Act No. 171 / 1991 Coll., on the jurisdiction of the authorities of the Czech Republic regarding transfers of State property to other persons and on the National Property Fund of the Czech Republic, as amended, as amended, and other related laws
Parliament has decided on this law of the Czech Republic:
Amendment to the Act on State Housing Development
Act No. 211 / 2000 Coll., on the State Housing Development Fund and amending Act No. 171 / 1991 Coll., on the Jurisdiction of the Bodies of the Czech Republic on Transfers of State Property to Other Persons and on the National Property Fund of the Czech Republic, as amended, as amended, Act No. 391 / 2002 Coll., Act No. 482 / 2004 Coll., Act No. 61 / 2005 Coll., Act No. 179 / 2005 Coll., Act No. 71 / 2010 Coll., Act No. 239 / 2012 Coll., Act No. 276 / 2012 Coll., Act No. 111 / 2018 Coll., Act No. 307 / 2018 Coll., is amended as follows:
1. In the title of the Act, the words "the development of housing and amending Act No. 171 / 1991 Coll., on the jurisdiction of the authorities of the Czech Republic in the case of transfers of State property to other persons and on the National Property Fund of the Czech Republic, as amended," are replaced by the words "investment aid."
2. In the heading of Part One, the words "DEVELOPMENT OF LIABILITIES 'are replaced by the words" INVESTIC AID'.
3. In the first sentence of Paragraph 1 (1), "housing development 'is replaced by" investment aid'.
4. In the second sentence of Article 1 (1), "the development of housing in the Czech Republic in accordance with the concept of housing policy approved by the Government of the Czech Republic and the sustainable development of municipalities, cities and regions in accordance with the public interest 'is replaced by" sustainable development of municipalities, towns and regions, housing and tourism in accordance with public interest and concepts, strategic documents, programmes and other documents approved by the Government of the Czech Republic'.
5. In Paragraph 1 (7), the words "in particular under the Collective Investment Act 'are deleted.
6. In Article 2 (1) (g), the words "from the Structural Funds of the European Communities' are replaced by the words" from the European Union '.
7. in Article 2 (1) (h), "loans" is replaced by "loans."
8. in Article 2 (1) (i), the word "loans" is replaced by the word "loans."
9. Paragraph 2 (3) is deleted.
10. in § 3 (1) of the introductory part of the provision and in § 3 (2) of the introductory part of the provision, the word "Financial" shall be replaced by "Cash."
11. in Article 3 (1), the words "or subsidies" shall be added at the end of the text of point (a).
12. in Article 3 (1), point (c) is deleted;
Points (d) to (h) shall be renumbered (c) to (g).
13. in Article 3 (1) (d), the words "buy or" shall be deleted;
14. in Paragraph 3 (1) (e), the words "member rights and obligations" shall be replaced by the words "cooperative interest" and the word "participant" shall be replaced by "applicant."
15. in Article 3 (1), the following point (f) is inserted after point (e):
"(f) to cover part of the remuneration in the form of a subsidy for the purpose of acquiring a cooperative interest in a housing cooperative, if the applicant is a tenant of the flat to which the acquisition of the cooperative interest relates,";
Points (f) and (g) shall be renumbered as points (g) and (h).
16. in Article 3 (1) (h):
"(h) to cover part of the costs associated with dealing with the accessibility of public spaces and buildings owned by the municipality or region in the form of a grant or credit,"
17. the following points (i) to (o) shall be added at the end of paragraph 1 in Article 3:
"(i) to cover part of the costs associated with the acquisition of technical equipment for municipalities and voluntary associations of municipalities intended for the maintenance of public spaces in the form of grants or loans;
(j) to cover part of the costs in the form of a grant or loan for the acquisition of equipment in selected buildings owned by regions and municipalities;
(k) to cover part of the costs in the form of a grant or loan for construction or renewal
1. public transport infrastructure and related facilities;
2. public technical infrastructure,
3. civil equipment, in particular buildings and facilities for education, education, social services and family care,
4. public space,
5. buildings used for the provision of services in the public interest;
(l) to cover part of the costs in the form of grants or loans aimed at revitalising the territory, including project preparation, demolition or reconstruction of buildings;
(m) to cover part of the costs of projects for the development of tourism regions in the form of grants or loans;
(n) to cover part of the costs in the form of grants for the processing of land-use planning documents or land-use planning documents;
(o) to cover part of the costs in the form of grants to improve the architectural and urban quality of buildings and the environment created by construction, including the organisation of architectural and urban competitions. "
18. in Article 3 (2) (d), "(d)" is replaced by "(c)";
19. in Article 3 (2), the words "tourism and sustainable development of municipalities, cities and regions" shall be added at the end of the text in point (h).
20. Paragraph 3 (4) reads:
"(4) The Fund may entrust the activities related to the function of the Fund with the exception of the grant provided for in paragraph 1 (a), (f) and (h) to (o) to another legal person selected under the Public Procurement Act."
footnote 2 is deleted.
21. in Article 3 (5) and in Article 9, the word "financial" is replaced by "cash."
22. in Article 3 (6), the word "financial" is replaced by "cash."
23. in Article 4 (3), the words "to live" shall be deleted;
24. In Article 4, the following paragraph 5 is added:
"(5) In order to verify the data provided to the Fund by the applicant and the recipient of the funds, the Fund shall be provided free of charge with respect to the cadastral data by means of remote access. ';
25. The following Section 4a is inserted after Section 4:
Use of data from public administration information systems
(1) The Fund shall use data in the exercise of its competence from the population base register to the extent that:
(a) surname;
(b) the name and, where appropriate, the names,
(c) the address of the place of stay,
(d) date, place and district of birth; the date, place and state of birth of the data subject born abroad;
(e) the date, place and district of death; if the death of the data subject is outside the territory of the Czech Republic, the date of death, the place and the State in whose territory the death occurred; where a court decision on a declaration of death is given, the date indicated in the decision as the date of death or the date on which the data subject did not survive and the date on which the decision was acquired;
(f) citizenship and, where appropriate, multiple citizenship.
(2) In exercising its powers, the Fund uses data from the population information system to the extent that:
(a) the name and / or the names, surnames and surnames,
(b) the date of birth;
(c) place and district of birth; a citizen born abroad, the place and state where the citizen was born,
(d) birth number,
(e) the address of the place of permanent residence;
(f) citizenship and, where appropriate, multiple citizenship.
(3) The Fund uses data from the alien information system in the exercise of its competence to the extent that:
(a) the name and / or the names, surnames and surnames,
(b) the date of birth;
(c) the place and state where the alien was born; where he was born in the territory of the Czech Republic, the place and district of birth,
(d) citizenship or nationality, where appropriate;
(e) the type and address of the place of stay;
(f) the beginning of the stay or, where appropriate, the date of termination of the stay.
(4) Data which are kept as references in the population base register shall be used from the population registration information system or the alien information system only if they are in the form preceding the current situation. "
26th Paragraph 5 (6) reads:
"(6) The Fund Committee, acting on a proposal from the Director of the Fund, may approve, during a calendar year, the necessary transfers between the various appropriations for the Fund's budget, provided that such transfers do not exceed 5% of the total expenditure provided for by the Fund's approved budget for the relevant calendar year. Further or higher transfers shall be approved by the Chamber of Deputies Committee, which shall be responsible for regional development, on a proposal from the Minister. '
27. in Paragraph 6 (2), the words "and consists of 4 representatives of the Ministry of Finance, a representative of the Ministry of Industry and Trade and a representative of the local authorities" shall be added at the end of the text of the first sentence.
28. in Article 6 (2), the fifth sentence is deleted;
29. in Article 7 (1), the words "with a working ratio" shall be replaced by "with a basic employment relationship."
30. in Article 7 (2), the words "employment, service or similar ratio" shall be replaced by "basic employment relationship, service relationship or other similar relationship."
Article 31 (8) reads as follows:
(1) The exercise of membership of the Committee or the Supervisory Board of the FUND is an obstacle to work because of the public function under Section 201 of the Labour Code. The members of the Committee and the members of the Supervisory Board shall be entitled to reimbursement of travel expenses relating to the performance of their duties to the same extent as the staff of the Fund.
(2) The amount of the remuneration associated with the performance of the duties of a member of the Committee and a member of the Supervisory Board of the Fund shall be determined by the Government by a resolution. "
footnotes 4 to 6 are deleted.
32. In Article 9, the words "aid 'are inserted after the words" aid'. In the area of housing, the aid is targeted. "
33. In Article 9, the current text becomes paragraph 1 and the following paragraphs 2 to 4 are added:
"(2) The terms of use of funds in the form of credit shall include at least:
(a) the purpose of the credit;
(b) determining the range of the beneficiaries of the credit;
(c) the amount of the credit or the rules for determining it;
(d) the amount of the interest rate or the rules governing its determination;
(e) the conditions for granting and using credit;
(f) details of the credit application;
(g) the method of securing the credit; and
(h) the maturity of the credit.
(3) Conditions for the use of funds in the form of grants shall include at least:
(a) the purpose of the subsidy or the purpose of the loan for whose interest the subsidy is granted;
(b) setting out the range of beneficiaries of the subsidy;
(c) the amount of the subsidy or the rules for determining it;
(d) the conditions for granting and applying the subsidy; and
(e) the details of the application for the subsidy.
(4) The guarantee conditions include at least:
(a) the purpose of the loan guaranteed by the guarantee;
(b) the setting of a range of loan recipients whose credit may be secured;
(c) the extent of the guarantee or the rules governing its determination;
(d) the manner in which the commitments of the beneficiary referred to in (b) to the Fund are secured; and
(e) the particulars of the application for guarantee of the loan. ';
34. The following Sections 9a and 9b are inserted after Section 9, including the headings:
Provision of funds
(1) The Fund shall notify the deadline for receipt of applications or the date of publication of an application for grant, credit or guarantee on its website. The notification of the deadline for receipt of applications or the invitation shall be made available for at least 30 days before the deadline for submission of applications. The content of the call shall be its substantive focus, the range of eligible applicants, the time limit for the submission of applications and, where appropriate, other requirements to be met by the applicant.
(2) The application for aid contains:
(a) the name and, where applicable, the name, surname, date of birth, birth number, if any, and address of permanent residence, if the consignee is a natural person and if the natural person is an entrepreneur, also the identification number;
(b) name, address and identification number, if the applicant is a legal person, and identification of persons
1. acting on its behalf, indicating whether they act as a statutory body or acting on the basis of a power of attorney;
2. having a stake in that legal person,
3. in which it has a holding and the amount of that holding;
(c) the amount of aid requested,
(d) the purpose for which the applicant wishes to use the required means;
(e) the period within which the purpose referred to in point (d) is to be achieved;
(f) the identification of the invitation or order of the government on the basis of which the request is made;
(g) other information necessary for the assessment of the application by the Fund.
(3) If the Fund does not conclude a contract with the applicant pursuant to Article 3 (5) on the basis of a request for a subsidy, credit or guarantee, it shall inform the applicant in writing without undue delay of the reasons which led to the non-conclusion of the contract.
(4) The contract providing the funds referred to in Article 3 (5) contains at least:
(a) credit conditions for the drawing, use and maturity of the loan and collateral of the loan recipient's liabilities towards the Fund;
(b) subsidies for drawing conditions and use of the subsidy;
(c) the guarantee of the term of payment of the Fund's debt arising from the performance of the guarantee and the guarantee of the beneficiary's liabilities towards the Fund.
Control
The Fund shall be entitled to check the accuracy of the information provided in the applications submitted to the Fund and to comply with the conditions for granting and drawing up the Fund's funds under the Financial Control Act. ';
Transitional provision
A member of the Committee of the State Housing Development Fund appointed as a member of the Committee pursuant to Article 6 (2) of Act No. 211 / 2000 Coll., as effective before the date of entry into force of this Act, shall cease to be a member of the Committee by the end of its term of office. When appointing new members of the Committee, the Government shall act in such a way that, at the latest with the termination of membership of the Committee of the last member appointed before the date of entry into force of this Act, the requirement for the composition of the Committee pursuant to Article 6 (2) of Act No. 211 / 2000 Coll., as effective from the date of entry into force of the Act, is fulfilled.
Amendment of the Regional Development Support Act
At the end of the text of § 11 of Act No. 248 / 2000 Coll., on the promotion of regional development, as amended by Act No. 298 / 2015 Coll., the words "; investment aid for regional development may also be financed through the State Fund for Investment Support under the Act on the State Fund for Investment Support."
Amendment of the Act on certain business conditions and on the pursuit of certain tourism activities
In Articles 10f (1) to (3), 10g (4) and (5), 10h (1) and (2) and 10i (2) of Act No 159 / 1999 Coll., on certain conditions of business and on the pursuit of certain tourism activities, as amended by Act No 111 / 2018 Coll., the words "development of housing 'are replaced by the words" investment aid'.
Footnote 15:
"15) Act No. 211 / 2000 Coll., on the State Fund for Investment Support, as amended."
Amendment of the Act to support the construction of cooperative flats from the State Housing Development Fund
Act No. 378 / 2005 Coll., on the promotion of the construction of cooperative flats from the State Housing Development Fund and on the amendment of Act No. 190 / 2004 Coll., on bonds, (Act on the promotion of the construction of cooperative flats), as amended by Act No. 126 / 2008 Coll., Act No. 227 / 2009 Coll., Act No. 344 / 2013 Coll. and Act No. 307 / 2018 Coll., is amended as follows:
1. In the title of the law, the words "housing development 'are replaced by the words" investment aid'.
2. In the heading of Part One, the words "DEVELOPMENT OF LIABILITIES 'are replaced by the words" INVESTIC AID'.
3. In the first sentence of Paragraph 1, the words "housing development 'are replaced by the words" investment support'.
EFFECTIVE
This Law shall take effect on the first day of the third calendar month following its publication.
Vondracek v. r.
Zeman v. r.
Babiš v. r.
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Regulation Information
| Citation | Act No. 113 / 2020 Coll., amending Act No. 211 / 2000 Coll., on the State Housing Development Fund and amending Act No. 171 / 1991 Coll., on the Jurisdiction of the Bodies of the Czech Republic on Transfers of State Assets to Other Persons and on the National Property Fund of the Czech Republic, as amended, as amended, and other related laws |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 24.03.2020 |
|---|---|
| Effective from | 01.06.2020 |
| Effective until | - |
| Status | Valid |
Legal Areas:
Civil law
Civil law substantive
The regulation text is for informational purposes only.
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