Act No. 117 / 2020 Coll.
Act amending Act No. 455 / 1991 Coll., on Business Business (Trade Act), as amended, and other related laws
Valid
Law
Effective from 01.01.2021
117
THE LAW
of 4 March 2020
amending Act No. 455 / 1991 Coll., on Business Business (Trade Act), as amended, and other related laws
Parliament has decided on this law of the Czech Republic:
Amendment of the Trade Act
Act No. 1 / 2006, Act No. 1 / 2006, Act No. 1 / 2006, Act No. 5 / 2006, Act No. 5 / 2006, Act No. 5 / 2006, Act No. 5 / 2006, Act No. 6 / 2006, Act No. 6 / 1999, Act No. 6 / 1999, Act No. 6 / 1999, Act No. 6 / 1996 Coll.
1. In Paragraph 45a, the following point (f) is added at the end of paragraph 1:
"(f) apply for the issue of the Czech National Card Guide under the law governing certain conditions of business and the pursuit of certain tourism activities."
2. In Paragraph 45a, at the end of paragraph 4, the sentence "The Office of Trade shall transmit to the Ministry of Regional Development an application submitted under paragraph 1 (f). 'shall be added.
Amendment of the Act on certain business conditions and on the pursuit of certain tourism activities
Act No. 159 / 1999 Coll., on certain conditions of business and on the pursuit of certain tourism activities, as amended by Act No. 37 / 2004 Coll., Act No. 39 / 2004 Coll., Act No. 57 / 2006 Coll., Act No. 214 / 2006 Coll., Act No. 130 / 2008 Coll., Act No. 301 / 2009 Coll., Act No. 89 / 2012 Coll., Act No. 341 / 2015 Coll., Act No. 183 / 2017 Coll. and Act No. 111 / 2018 Coll., is amended as follows:
1. In Article 10b, the following paragraphs 7 and 8 are inserted after paragraph 6:
"(7) A legal person, as an entrepreneur or an undertaking natural person, commits an offence by failing to ensure that, contrary to Article 12,
(a) the activity of the tourist guide (the "guide") was carried out only by the person who was issued the Czech National Guide Card (the "card"); or
(b) the guide has had a license in the visible place of his clothing throughout his activity in the Czech Republic.
(8) The person referred to in Article 12d (1) or (2) commits an offence by committing, in contravention of:
(a) Article 12d (3), before the first provision of a service in the Czech Republic, fails to fulfil the obligation to notify the Ministry in writing; or
(b) Article 12d (4) shall not ensure that the person who carries out the guide's activities for him is able to prove himself in the course of the inspection by means of a document certifying their contractual relationship or by means of a document proving his or her entitlement to the guide's activities in the country of establishment. ";
Paragraph 7 shall become paragraph 9.
2. in Article 10b (9), the words "paragraph 7 (a) or paragraph 8 (a)" shall be added at the end of the text of point (a).
3. In Paragraph 10b, at the end of paragraph 9, the dot is replaced by a comma and the following point (c) is added:
"(c) 10 000 CZK if it is an offence pursuant to paragraph 7 (b) or paragraph 8 (b)."
4. After Part Two, the following Part Three is inserted:
TRANSPORT ACTIVITIES IN THE FIELD OF TRAVEL RATE AND ITS PERFORMANCE
Tourism guide
(1) The guide is a natural person who provides a group of persons or individuals with an interpretation of the country's cultural, historical and natural heritage and current life in it.
(2) Only the person to whom the licence has been issued may act as a guide. The Guide is required to have a card in the visible place of its clothing throughout the entire period of interpretation in the Czech Republic; the person who has the right to conduct a tourist guide activity under special legislation (16) is responsible for fulfilling this obligation.
(3) The provisions of Part Three (Sections 12 to 12d) do not apply to guides in objects or to guides operating in territories accessible to the public as defined in the Nature Conservation and Land17 Act).
Guide card and its release
The card is a public document certifying that the guide fulfils the conditions under this Act. The Ministry issues a licence
(a) grade I to an applicant who has the right to conduct a guided tourism activity under special legislation (16) or to prove that he is in a contractual relationship with the person who has this authorisation; or
(b) stage II if the applicant for the licence meets the professional qualifications referred to in Article 12b (3).
(1) The licence application shall contain the following information:
(a) the name and surname of the applicant;
(b) citizenship of the applicant;
(c) the place of residence of the applicant;
(d) the applicant's birth number and, if not allocated, the date of birth;
(e) the applicant's identification number, if allocated; and
(f) the degree of licence applied for.
(2) The applicant for the issue of a level I pass shall attach to the application a document or documents proving that he is in contract with the person referred to in Article 12a (a); where the applicant is himself that person, the document shall not accompany the application.
(3) The applicant for the issue of a level II pass shall attach to the application a document or evidence proving professional competence, which shall be evidence or evidence of:
(a) higher education in the study programme and in the field of history or tourism;
(b) higher vocational education in tourism education;
(c) secondary education with a degree in tourism education;
(d) secondary education with a graduate examination and a certificate of retraining or other evidence of professional qualifications for the relevant work activity issued by an establishment accredited under specific legislation or an establishment accredited by the Ministry of Education, Youth and Sports;
(e) professional qualifications for the tourist guide; or
(f) recognition of professional qualifications under special legislation18).
(4) The licence application shall be accompanied by photographs in accordance with Article 20 (5) of the Travel Documents Act.
(5) If the applicant has fulfilled all the conditions laid down by law, the Ministry shall issue a certificate to the applicant within 30 days of receipt of the application. The model of the cards, including the information contained therein, by type of licence, shall be determined by the Ministry by a decree. The card is issued for an indefinite period.
(6) Upon modification of the data recorded on the licence, the Ministry shall issue a new card to the guide upon request.
List of guides
The Ministry shall keep a list of guides to which the licence has been issued. The list is publicly available on the Ministry's website and contains the following information on the guide:
(a) name and surname;
(b) the date of birth; and
(c) the degree of the licence and its date of issue.
(1) A citizen of a Member State of the European Union who is authorised to operate as a guide in the territory of a Member State of the European Union may temporarily provide services in the territory of the Czech Republic in accordance with Article 56 and following the Treaty on the Functioning of the European Union.
(2) A legal person whose internal circumstances are governed by the law of a Member State of the European Union and who has its registered office, central administration or principal place of business in one of the Member States of the European Union and is authorised to operate as a guide in the territory of a Member State of the European Union may temporarily provide services in the territory of the Czech Republic in accordance with Article 56 et seq. of the Treaty on the Functioning of the European Union.
(3) Before the first provision of services in the Czech Republic, the person referred to in paragraphs 1 and 2 shall notify the Ministry of this fact. The notification shall be made electronically.
(4) The guide carrying out this activity for the person referred to in paragraph 1 or 2 shall be required to demonstrate the identity card, the notification referred to in paragraph 3, the document certifying his contractual relationship with the person referred to in paragraph 1 or 2 and the document proving the entitlement of the person referred to in paragraph 1 or 2 to carry out the activity of the guide in the country of establishment.
(5) Citizens of other Contracting States of the Agreement on the European Economic Area, citizens of the Swiss Confederation and legal persons established in the territory of those States shall be deemed to be persons referred to in paragraphs 1 or 2 for the purposes of paragraphs 3 and 4.
16) Act No. 455 / 1991 Coll., on Business Business (Trade Act), as amended.
17) Act No. 114 / 1992 Coll., on the Conservation of Nature and Landscape, as amended.
18) Act No. 18 / 2004 Coll., on the recognition of professional qualifications and other competence of nationals of Member States of the European Union and of certain nationals of other States and amending certain laws (Act on the Recognition of Professional Qualifications), as amended. '
Parts 3 and 4 shall be renumbered as Parts 4 and 5.
Amendment of the Administrative Charges Act
Act No. 100 / 2011, Act No. 13 / 2011, Act No. 13 / 2011, Act No. 13 / 2011, Act No. 13 / 2011, Act No. 13 / 2011, Act No. 13 / 2011, Act No. 13 / 2011, Act No. 13 / 2011, Act No. 13 / 2011, Act No. 13 / 2011, Act No. 13 / 2011, Act No. 13 / 2011, Act No. 13 / 2011, Act No. 13 / 2011, Act No. 13 / 2011, Act No. 13 / 2011, Act No. 13 / 2011, Act No. 13 / 2011, Act No. 13 / 2011, Act No. 13 / 2011, Act No. 13 / 2011, Act No. 13 / 2011, Act No. 13 / 2011, Act No. 13 / 2011, Act No. 13 / 2011, Act No. 13 / 2011, Act No. 13, Act No. 2011, Act No. 2011, Act No. 2011, Act No. 2011, Act No. 13 / 2011, Act No. 13, Act No. 2011, Act No. 2011, Act No. 2011, Act No. 2011, No 2011, No 2011, No 2011, No 2011, No. 2011, No. 2011, No. 2011, No. 2011, No. 2011, No. 2011, No. 2011, No. 2011, No. 2011, No. 2011, No. 2011, No. 2011,
"Item 25b
| a) | Vydání českého národního průkazu průvodce I. stupně | Kč | 1 000 |
| b) | Vydání českého národního průkazu průvodce II. stupně | Kč | 1 000 |
| c) | Vydání českého národního průkazu průvodce I. nebo II. stupně po změně údajů | Kč | 200 |
| d) | Vydání duplikátu českého národního průkazu průvodce I. nebo II. stupně náhradou za průkaz poškozený, zničený, ztracený nebo odcizený | Kč | 500 |
Transitional provision
The administrative fee is not subject to the issue of the Czech National Card Guide I and II. step, if the application for the issue of the Czech National Card guide submitted until 28 February 2021.
EFFECTIVE
This Act shall take effect on 1 January 2021, with the exception of Article II (4) (Article 12 (2)), which shall take effect on 1 March 2021.
Vondracek v. r.
Zeman v. r.
Babiš v. r.
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Regulation Information
| Citation | Act No. 117 / 2020 Coll., amending Act No. 455 / 1991 Coll., on Business Business (Trade Act), as amended, and other related laws |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 24.03.2020 |
|---|---|
| Effective from | 01.01.2021 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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