Decree No 186 / 1990 Coll.

Decree of the State Commission for Scientific, Technical and Investment Development on the authorisation of project activities

Valid Effective from 18.05.1990
186
DECLARATION
State Commission for Scientific, Technical and Investment Development
of 28 April 1990
on the authorisation for project activities
The State Commission for Scientific, Technical and Investment Development provides, pursuant to § 143 (1) (l) of Act No. 50 / 1976 Coll., on Territorial Planning and Construction Regulations (Construction Act), as amended by Act No. 103 / 1990 Coll., amending and supplementing the Economic Code:
§ 1
Basic provisions
(1) Project activity (1) means processing
(a) land planning documents and land planning documentation;
(b) the award of the construction, (2) submitted as a basis for the territorial decision on the location of the construction,
(c) construction project.3)
(2) Legal persons (4) (hereinafter referred to as "organisations") may carry out project activities only on the basis and to the extent of the project authorisation granted.
(3) Natural persons operating under special regulation5) may carry out project activities only on the basis of a project activity licence. 6)
(4) Other natural persons may carry out project activities only for their own simple construction on the basis of a special competence certificate in the field of project activity. 6)
§ 2
Authorisation for project activities
(1) The authority responsible for granting the authorisation (7) may grant authorisation only to organisations which are presumed to comply with or fulfil the following conditions within a specified time limit:
(a) are competent, within the scope of the required authorisation, to provide professional security for the architectural, technical and economic management of the documentation referred to in Article 1 (1) in accordance with the relevant legislation and technical standards;
(b) employ an adequate number of staff to carry out selected work activities with a special licence in the field of project activity. 8)
(2) The authorisation for project activities does not need a foreign organisation, if it is entitled to design the relevant construction according to the law in force in the country of its seat and undertakes to comply with the legislation and technical standards in force in the Czech and Slovak Federal Republic.
§ 3
Authorisation procedure
(1) The organisation shall submit an application for and, where appropriate, a modification to the authority responsible for granting the authorisation. (7) The application shall specify:
(a) the name and address of the organisation;
(b) technical focus (specialisation) of project activities according to the type of construction or project work,
(c) the name of the management organisation and its representatives;
(d) the total number of staff of the project activity in the professional breakdown and a list of the senior project managers in the employment relationship, indicating their professional qualifications and experience in the project activity and, for the staff of the selected activities (functions), having a special competence certificate in the field of the project activity, indicating who and when the licence was issued;
(e) start date.
(2) The authorisation decision shall define its scope and conditions.
(3) The authority which has granted the authorisation shall send a copy thereof to the competent statistical authority and to the State Commission for Scientific, Technical and Investment Development or to the Ministry of Construction and Construction of the Republic, as appropriate, which shall keep records of these and the authorisations issued by them.
§ 4
Amendments, limitations and withdrawal of authorisations
(1) The authority which granted the authorisation checks compliance with the conditions under which the authorisation was granted; If they find that the organisation does not comply with these conditions or if there are other serious reasons for doing so, they may provide for additional conditions or authorisations to amend or withdraw them, as appropriate.
(2) Changes, limitations and withdrawal of authorisations shall be notified mutatis mutandis to the granting of authorisations (Section 3 (3)).
§ 5
Specific eligibility
(1) The Ministry of Construction and Construction of the Czech Republic and the Ministry of Construction and Construction of the Slovak Republic set up a test committee to verify the specific competence of natural persons (§ 1 (3), (4), if these persons no longer hold a special qualification certificate in the field of project activity.
(2) Natural persons shall submit an application for examination to the competent Ministry of Construction and Construction. When submitting the application, the following conditions shall be demonstrated or otherwise certified:
(a) higher education in the relevant direction and 7 years of practical activity in the field;
(b) or secondary education in the relevant direction and 14 years of practical activity in the field.
(3) Specific rules are laid down in the procedures and conditions for the verification of the specific competence and the issue of certificates of special competence. 9)
Transitional and final provisions
§ 6
(1) Decree No. 88 / 1976 Coll., on the authorisation for project activities is hereby repealed.
(2) Authorisations granted for project activities and permits to projects to individuals under Decree No. 88 / 1976 Coll. remain valid. Modifications, limitations and withdrawal of project activities shall be carried out in accordance with Section 4.
§ 7
This decree shall take effect on the day of its publication.
Deputy Prime Minister of CSFR and Chairman of the State Commission for Scientific, Technical and Investment Development
Academician Delong v. r.
1) Article 43 (1) of Act No. 50 / 1976 Coll., on Territorial Planning and Construction Regulations (Construction Act), as amended by Act No. 103 / 1990 Coll., amending and supplementing the Economic Code.
2) Annex No. 1 of the SK VTIR Decree No. 43 / 1990 Coll., on project preparation of buildings.
3) § 4 paragraphs 1 and 2 of Decree No. 43 / 1990 Coll.
4) For example, Act No. 111 / 1990 Coll., on a State Company, Act No. 104 / 1990 Coll., on Stock Companies, Act No. 109 / 1964 Coll., Economic Code, as amended, Act No. 90 / 1988 Coll., on Agricultural Cooperative Society, Act No. 94 / 1988 Coll., on Housing, Consumption and Production Cooperative Society, Act No. 173 / 1988 Coll., Act No. 158 / 1989 Coll., Act No. 68 / 1989 Coll., on the Organisation of Organisations with an International Component in CSSR, Act No. 158 / 1989 Coll., on Banks and Savings. Social organisations, their businesses and economic facilities. Other organisations, if they are legal persons.
5) Act No. 105 / 1990 Coll., on the Private Business of Citizens.
6) § 45 of Act No. 50 / 1976 Coll. Decree FMTIR No. 8 / 1983 Coll., on special eligibility for certain activities under construction, as amended by Decree SK VTIR No. 73 / 1987 Coll.
7) Paragraph 43 (1) and (2) of Act No. 50 / 1976 Coll., as amended by Act No. 103 / 1990 Coll.
8) Paragraph 15 (2) of Decree No. 8 / 1983 Coll., as amended by Decree No. 73 / 1987 Coll.
9) Decree No. 8 / 1983 Coll., as amended by Decree No. 73 / 1987 Coll.

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Regulation Information

CitationDecree of the State Commission for Scientific, Technical and Investment Development No 186 / 1990 Coll., on the authorisation of project activities
Regulation Type-
Author-
CollectionCode of Laws
Date of Promulgation18.05.1990
Effective from18.05.1990
Effective until-
Status Valid
The regulation text is for informational purposes only.
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