Act No. 135 / 1982 Coll.
Law on reporting and registration of residents
Valid
Effective from 01.01.1983
135
THE LAW
of 10 November 1982
on the reporting and registration of residents
The Federal Assembly of the Czechoslovak Socialist Republic decided on this law:
BASIC PROVISIONS
Purpose of the law
The purpose of the Act is to regulate and ensure proper and timely reporting and registration of the residence of Czechoslovak state citizens (hereinafter referred to as "citizens") in the territory of the Czechoslovak Socialist Republic.
Obligation to report stay
(1) Citizens are required to report to the extent provided for by this law the place, beginning and termination of their stay
(a) to the local (urban) national committee (1) responsible for the place of residence;
(b) in the capital of Prague, the district administration of the National Security Corps or, where appropriate, the local national committee responsible for the place of residence;
(c) in the capital of the Slovak Socialist Republic, the administration of the National Security Corps of the capital of Bratislava and the Western Slovak Region,
(d) in Brno, the municipal administration of the National Security Corps.
(2) Citizens who live abroad shall be required to report the data referred to in paragraph 1 to the district administration of the National Security Corps responsible for their residence for their stay in the territory of the Czechoslovak Socialist Republic; This information shall be reported to the Regional Administration of the National Security Corps if they are resident at the place of its seat.
(3) Citizens shall be required to report the data to the authorities referred to in paragraphs 1 and 2 (hereinafter referred to as "the notifiers') in the manner laid down by this law.
(4) Announcements shall, to the extent provided for by this law, carry out the tasks related to the reporting of citizens' residence and the keeping of records of their residence.
(5) The implementing act shall lay down details of the means of reporting the place, the beginning and the termination of the stay of the citizens.
Stay
(1) Residence under this Act means both permanent and temporary residence.
(2) The permanent residence is the place of permanent residence of the citizen, usually in the place where he has a family, parents, apartment or job.
(3) Permanent residence can only be held by citizens in objects marked with a number under special regulations. 2)
(4) A transitional stay is the residence of a citizen outside the residence, usually where a citizen temporarily resides for work, study, health, recreation and other reasons.
(5) If it is a citizen who lives abroad, his stay in the territory of the Czechoslovak Socialist Republic is a temporary stay.
STAY DECLARATION
Reporting of permanent residence
(1) Every citizen must be reported for permanent residence at the same time only in one place.
(2) Citizens are required, unless otherwise specified, to report to the reporting office the place and beginning of permanent residence no later than three working days after accommodation; are obliged to submit
(a) identity card,
(b) proof of authorisation to use an apartment or other living room or a written confirmation of the accommodation provider referred to in Article 11 (1) (b) or (c).
(3) The Office may request the production of proof of the birth number, birth certificate or marriage certificate, in cases of irregularity in the information given on the declaration of residence with the information on the identity card, or if the data on the birth number, the data on the birth certificate or the marriage certificate are not on the identity card.
(4) When reporting the place of residence and the beginning of permanent residence, citizens are obliged to report to the same reporting office and to terminate the current permanent residence.
(5) The implementing act lays down the means of reporting the termination of the permanent residence of citizens who have received a travel document authorising them to stay abroad. 3) The implementing regulation also provides for a way of reporting permanent residence
(a) citizens in the course of military basic service;
(b) long-term residents of health care institutions with constitutional care;
(c) citizens in social welfare institutions;
(d) citizens in prison.
Citizens who declare permanent residence in the border zone or in a military detour shall, in addition to the documents referred to in Article 4 (2), also be required to submit permits under specific regulations. 4)
Professional soldiers shall be required to present the professional soldier's identity card to the reporting office when reporting their permanent residence; Army soldiers of the Ministry of the Interior present their ID.
(1) A member of the family or, where appropriate, other citizens living in the common household may report permanent residence as a member of the family or as a person living with them in the common household; However, it is obliged to submit the documents referred to in Paragraph 4 (2) for these citizens.
(2) For citizens under 15 years of age and deprived of legal capacity, the legal guardian or guardian shall be required to report permanent residence.
(3) For other citizens who are unable to report permanent residence without exceptional difficulties for their health status, the authorised representative may fulfil this obligation.
(4) The implementing act shall lay down in more detail the reporting arrangements for family members and citizens referred to in paragraphs 1 to 3 by other family members and, where appropriate, by other citizens, including deadlines for reporting the permanent residence of citizens under 15 years of age.
Temporary residence declaration
(1) Citizens are obliged, unless otherwise specified, to report to the reporting office no later than three working days after accommodation the place, beginning and expected duration of the temporary stay lasting more than 30 days.
(2) When reporting a temporary stay, citizens shall be required to present a professional soldier's ID or ID, or travel document authorising them to stay abroad.
(3) If the temporary stay continues beyond the estimated period, the citizen shall report the temporary stay again within the period laid down in paragraph 1.
(4) Paragraph 7 (1) to (3) applies mutatis mutandis to the notification of a temporary stay, provided that only the identity card is provided from the documents referred to in paragraph 4 (2).
(5) The implementing regulation shall further adapt the reporting arrangements for family members and citizens referred to in paragraphs 1 to 3 of Article 7 by other family members and, where appropriate, other citizens.
(1) In the case of a temporary stay in a border zone lasting more than 48 hours, citizens shall be required to report to the reporting office immediately after accommodation the place, beginning and expected duration of the temporary stay and submit a permit to it under a special rule, (5) a professional soldier's identity card or passport, or a travel document authorising permanent residence abroad and a written confirmation of the accommodation provider referred to in § 11.
(2) The transitional stay in the border zone of less than 48 hours, as well as the temporary stay in that zone of accommodation facilities of less than 30 days, shall only be entered in the book of residents [Paragraph 13 (1) (b) and (2)].
(3) The provisions of Section 8 and the special regulation shall apply mutatis mutandis to the notification of a temporary stay in a military departure. 6)
(1) The obligation to report a temporary stay of more than 30 days does not apply to:
(a) members of the armed forces and members of the armed corps, if they are housed in bulk in accordance with the relevant service regulations;
(b) citizens admitted to social care institutions, to health institutions with constitutional care or located in children's homes and in special educational establishments;
(c) citizens in custody or in the execution of prison sentences.
(2) Operators of establishments referred to in paragraph 1 (a) shall: (b) they shall be obliged to report immediately to the nearest department of the National Security Corps the accommodation of a citizen whose identity cannot be ascertained safely.
(3) The implementing act lays down details of the notification of the transitional stay and derogations from the notification of the temporary stay of citizens residing abroad and citizens staying in their own holiday accommodation or in the holiday residence of a member of the household or of a close person. 7)
Residents and their duties
Accommodation
(1) The accommodation is
(a) the owner (manager) of the building in relation to the user of the apartment, the user of another living room or to other citizens he has accommodated in his building;
(b) the user of the apartment or other living room or, where applicable, the owner of the apartment in relation to other citizens he has accommodated in his apartment or other living room;
(c) the operator of the accommodation which is responsible for the operation of the establishment providing for payment or free of charge of accommodation in relation to the citizens he has accommodated in his accommodation,
(d) the owner or user of the land, in relation to the citizens he has temporarily accommodated.
(2) According to this law, a user of an apartment or other living room or, where applicable, the owner of an apartment which has accommodated other citizens under a special contract concluded with the organisations, is considered to be an operator of the accommodation.
(3) According to this law, hospitals, barracks, correctional education institutions, institutions where custody, social care institutions and similar facilities are carried out are not considered as accommodation facilities.
Obligations of accommodation providers
(1) The accommodation of the citizen is compulsory
(a) verify his identity;
(b) ensure that the citizen to whom they have accommodated fulfils, within the prescribed time limit, their obligation to report a residence and to ensure that the resident has, in his identity card or, where applicable, a travel document authorising a permanent residence abroad (8), a record of the reporting office or a certificate of residence (§ 14 (2));
(c) inform the reporting office without delay that the accommodation did not fulfil the obligation to report the stay or refused to prove that it did.
(2) The implementing regulation lays down details of the obligations of the accommodation owners and of those who fulfil the obligations of the accommodation owner who does not live in the house.
(1) In addition to the obligations referred to in Article 12 (1), accommodation operators are obliged to:
(a) report without delay the establishment or cancellation of the accommodation of the district (district, urban) administration of the National Security Corps in whose territorial district the establishment or cancellation of the establishment has been established;
(b) to keep a book of residents and to register in it immediately when they are accommodated, even if it is only for part of the day, according to the entries in the ID card, the personal identification of the professional soldier or, where applicable, the travel document;
(c) to submit the book of the residents or extracts thereof at any time at the request of the department or national of the National Security Corps or to the authorised inspection authority;
(d) to keep the book of accommodation which has been filled in completely in intact condition for at least 10 years from the date of the last registration.
(2) In the border zone, the obligations referred to in points (b) to (d) of paragraph 1 shall also apply to other accommodation providers.
OBLIGATIONS OF DECLARATIONS AND EVIDENCE OF CITIZENS 'STAY
Reporting obligations
(1) Announcements are required in the reporting of citizens' residence and in the keeping of registers of citizens' residence
(a) to verify the completeness and accuracy of the data provided and the validity of the documents for the declaration of residence;
(b) make an alert on the registration if the conditions laid down are fulfilled;
(c) report to the authorities in charge of citizens' residence records (§ 17 (1) to (3));
(d) to supervise the performance of the obligations laid down by this law for citizens and residents.
(2) The declaration does not indicate on the professional soldier's personal card the reporting of permanent residence but will issue a certificate of the report.
(3) The implementing regulation lays down details of the reporting obligations.
(1) The Office shall cancel the permanent residence record of the citizen in the event of his death or it shall be established by the competent authority that:
(a) permanently left the territory of the Czechoslovak Socialist Republic,
(b) the residence declaration has been made on the basis of an invalid, falsified or knowingly modified document.
(2) The implementing act lays down details of the manner in which the permanent residence record is deleted.
(1) The change in the territory or the name of the municipality, its part, street or other public space and the change in the descriptive, indicative or registration number of the building in which citizens are declared for permanent residence shall be indicated by the reporting office in its register and in the citizens' identity cards of the citizens concerned. A new certificate shall be issued to the professional soldiers by the station.
(2) The change in the territory of the county or district shall be indicated in its register and, where appropriate, in the citizens' ID, by the place responsible for the new territorial breakdown.
Citizenship of residence
(1) The registered residence of citizens in the municipalities is kept by the notifiers.
(2) The regional (urban) residence records of citizens are kept by the services of the National Security Corps designated by the Federal Ministry of Interior.
(3) The central register of citizens' residence is maintained by the Department of National Security designated by the Federal Ministry of Interior.
(4) Staff members shall be obliged to ensure that the data contained in the register cannot be misused by unauthorised persons.
(5) The implementing act shall lay down the details of the keeping of records of citizens' residence.
Communication of information on the whereabouts of citizens
(1) Notices and designated services of the National Security Corps (Sections 17 (2) and (3)) shall, at the request of the state authorities, organisations or citizens, communicate the whereabouts of the citizens. 9)
(2) The implementing act lays down details of the particulars of applications and the communication of information on the place of residence of citizens.
FINAL PROVISIONS
Common provision
The procedure of the State institutions, organisations and citizens and their actions carried out under this law shall not be subject to general administrative rules.
Transitional provision
Reporting of the place, beginning or termination of the permanent residence of citizens or reporting of the place, beginning and estimated duration of the transitional stay made under the current rules shall be deemed to be reports under this law.
Authorisation provisions
(1) The Federal Ministry of the Interior shall, in agreement with the participating central authorities, issue generally binding legislation to implement § 2 (5), § 4 (5), § 7 (4), § 8 (5), § 10 (3), § 12 (2), § 14 (3), § 15 (2), § 17 (5), § 18 (2).
(2) The Federal Ministry of the Interior, in agreement with the Federal Ministry of National Defence, may provide for special reporting of the facts concerning the residence of citizens for military administration purposes.
Repeal
Act No. 52 / 1949 Coll., on the reporting of the population, as amended by Acts No. 76 / 1957 Coll. and No. 68 / 1965 Coll. and Order No. 6 / 1958 Ú. l. (Ú. v.), which embodies more detailed provisions on the reporting of residence of citizens of the Czechoslovak Republic, as amended by Decree No. 75 / 1961 Coll.
Efficacy
This Act shall take effect on 1 January 1983.
Husák v. r.
Indra v. r.
Strougal v. r.
1) According to § 19 (1) of Act No. 169 / 1949 Coll., on Military Departures, the Military Departure is performed by the local National Committee's office of departure.
2) Decree No. 97 / 1961 Coll., on the names of municipalities, street marking and house numbering. Decree of the Ministry of the Interior of the Slovak Socialist Republic No. 93 / 1970 Coll., on determining the names of municipalities and their parts, streets and other public spaces and on numbering of buildings.
3) Act No. 63 / 1965 Coll., on Travel Documents. Decree of the Ministry of Interior of the Czechoslovak Socialist Republic and of the Ministry of Foreign Affairs No. 44 / 1970 Coll., implementing the Act on Travel Documents, as amended.
4) Act No. 169 / 1949 Coll. Act No. 69 / 1951 Coll., on the Protection of State Borders.
5) Act No. 69 / 1951 Coll.
6) § 5 of Act No. 169 / 1949 Coll.
7) Sections 115 and 116 of the Civil Code.
8) Act No. 75 / 1957 Coll., on Civil ID. Act No. 63 / 1965 Coll.
9) Decree of the Federal Ministry of Finance, the Ministry of Finance of the Czech Socialist Republic and the Ministry of Finance of the Slovak Socialist Republic No. 162 / 1976 Coll., on administrative fees, as amended by Decree No. 166 / 1980 Coll., Sazebnik I of the fees collected and assessed by the administrative authorities, Section A of the General Administration, item 1 (b), issue of a certificate or written notice of residence of persons.
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Regulation Information
| Citation | Act No. 135 / 1982 Coll., on reporting and registration of residents |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 22.11.1982 |
|---|---|
| Effective from | 01.01.1983 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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