Decree No. 187 / 2017 Coll.
Declaration on the performance of the verification activity by the representative office and on more detailed conditions for the test to be carried out
Valid
Effective from 01.07.2017
187
DECLARATION
of 27 June 2017
on the performance of the verification activity by the representative office and on more detailed conditions for the test to be carried out for the verification activity
The Ministry of Foreign Affairs provides, pursuant to § 18 (8) of Act No. 150 / 2017 Coll., on Foreign Service and on the amendment of certain laws (Foreign Service Act) ("the Act '):
Vision execution
(1) Visification shall verify that a copy or a copy (hereinafter referred to as "the instrument of vision") is identical to the instrument from which the copy or copy is made.
(2) The verification clause contains:
(a) the name of the representative office;
(b) the serial number under which the visibility is recorded in the verification book;
(c) an indication that the instrument of vision is literally in conformity with the instrument from which the copy or copy is taken;
(d) an indication of the number of pages on which the instrument is drawn up,
(e) an indication of whether the copy is complete or partial or, where appropriate, complete or partial;
(f) an indication of the number of pages on which the instrument on which the instrument was issued is composed,
(g) an indication whether the instrument from which the instrument of vision was issued is:
1. in original,
2. already verified by a visible sheet,
3rd instrument, which is the output from the authorised conversion of documents1),
4. copies or copies taken from spisu2); or
5. a copy of the written copy of the decision or of the operative part of the decision given under another legislature3),
(h) an indication of whether the instrument from which the instrument of vision was issued contains a visible hedging element which is part of the content of the legal importance of that instrument, such as a hologram;
(i) the name and, where appropriate, the name, surname and signature of the certifying person making the vision;
(j) an official stamp; and
(k) place and date of execution of the vision.
(3) Where a visible sheet of one or more sheets is folded and each single sheet contains only one page described and is visible, the unwritten page of the sheet of the visible sheet of the upper left corner shall be crossed out into the lower right corner and the verification clause marked on the side of the sheet visible.
(4) If there is a visible document in the text or between the verification clause marked on the visible sheet and the text shown on the visible sheet, the sentinel shall cross the unmarked space on the visible sheet from the upper left corner into the lower right corner.
(5) The model of the verification clause is set out in Annex 1 to this Decree.
Presumption of vision execution
The visibility shall be performed provided that:
(a) the instrument of vision is literally the same as the instrument submitted,
(b) it is not a document the uniqueness of which cannot be replaced by a visible document such as, in particular, identity card, travel document, weapons licence, driving licence, military book, service card, residence permit, fishing ticket, hunting ticket or other card, check, bill of lading or other security, ticket, ticket, bill of lading, geometrical plan, feature or technical drawing;
(c) the document presented from which the instrument of vision was issued is written in Czech or Slovak or in another language controlled by the certifying person;
(d) the document presented from which the instrument of vision was drawn up is simultaneously presented in an officially certified translation into the Czech language, if it is written in a language other than the Czech or Slovak language or in a language not controlled by the certifying person; This does not apply if a copy of the document was taken by the certifying officer on the copying device at the expense of the applicant,
(e) the instrument of which the instrument of vision has been issued is not accompanied by a visible hedging element which is part of the content of the legal importance of that instrument, such as a hologram; This does not apply if a copy of the document is made by the certifying officer on the copying device at the expense of the applicant,
(f) the instrument submitted is no longer a certified visible instrument, the verification clause of which indicates that the original instrument from which the instrument was issued contained a visible hedging element which is part of the content of the legal importance of that instrument, such as a hologram,
(g) there are no changes, additions, inserts or cuts in the instrument submitted from which the instrument of vision is drawn up which could weaken its credibility; and
(h) it is apparent from the document submitted, from which the instrument of vision was issued, whether it is:
1. original,
2. the instrument already certified,
3rd instrument, which is the output from the authorized conversion of documents,
4. a copy or a copy taken from the file; or
5. a copy of the written copy of the decision or of the operative part of the decision issued under another legislation.
Implementation of legalisation
(1) By legalisation, it is verified that the applicant has signed or recognised the document in his own name in front of the validating person.
(2) Legalisation shall be indicated on the instrument on which the signature is legalized by means of a verification clause containing:
(a) the name of the representative office;
(b) the serial number under which the legalisation is entered in the verification book;
(c) the name and, where appropriate, the name, surname, date and place of birth, residence of the applicant;
(d) the name and, where appropriate, the name, surname, date and place of birth, residence of the witnesses in the case of the procedure referred to in paragraph 4;
(e) an indication of how the identity of the applicant or, where appropriate, of the witnesses has been established, if the procedure referred to in paragraph 4 is followed, that is to say, an indication of the document on the basis of which the particulars under points (c) and (d) have been found;
(f) an indication that the applicant has signed the document by hand in front of the validator or that he has accepted the signature on the document as his own,
(g) the name and, where appropriate, the name, surname and signature of the authorising officer who has carried out the legalisation;
(h) an official stamp; and
(i) the place and date of implementation of the legalisation.
(3) The model of the verification clause for legalisation is set out in Annex 2 to this Decree.
(4) If the applicant cannot read or write, legalisation shall be carried out with the participation of two witnesses. The participation of two witnesses shall not be required for legalisation if the person who cannot read or write has the ability to acquaint himself with the contents of the instrument or special aids or through another person whom he chooses and is able to sign the instrument by hand.
(5) The model of the verification clause for legalisation with the participation of two witnesses is set out in Annex 3 to this Decree.
Presumption of legalisation
Legalisation shall be carried out provided that:
(a) the applicant has demonstrated his identity and the document in front of the verification body by his own hand, signed or accepted the signature on the certificate as his own;
(b) it is not a question of legalisation of the signature of the validator who carries out the legalisation;
(c) the certifying person controls to a sufficient extent the language in which the instrument on which the signature is to be legalized is drawn up;
(d) the document on which the signature is to be legalized is simultaneously presented in an officially certified translation into the Czech language, unless the certifying person has sufficient control over the language in which the certificate is drawn up; and
(e) it is not about the legalisation of the signature on a list which contains no text.
Execution of higher verification of an external authentic instrument
(1) The authenticity of the signature and the imprint of the official stamp and of the seal on the external authentic instrument shall be verified by verifying the external authentic instrument.
(2) The endorsement of a higher verification of the external public register of the representative office shall include:
(a) the name of the representative office;
(b) the serial number under which the higher verification of the external authentic instrument is recorded in the certificate;
(c) the name and, where appropriate, the name, surname and capacity of the official whose signature is verified;
(d) the name of the office whose printing of the official stamp or seal shall be verified;
(e) verification of the authenticity of the signature and the imprint of the official stamp and seal;
(f) the name and, where appropriate, the name, surname and signature of the certifying person who carried out the higher verification of the external authentic instrument;
(g) an official stamp; and
(h) the place and date of the higher verification of the external authentic instrument.
(3) The model of the verification clause for the higher verification of the external authentic instrument is set out in Annex 4 to this Decree.
Presumption to carry out a higher verification of a foreign authentic instrument
A higher verification of the external authentic instrument shall be carried out provided that:
(a) the Office which has issued a document to be accompanied by a higher verification of the external authentic instrument shall have a current signature form deposited with the representative office;
(b) the certifying person has no reasonable doubt as to the authenticity of the document, the signature or the official stamp attached thereto.
Verification of an external authentic instrument which cannot be provided with the required verification clause
The representative office shall affix a foreign authentic instrument with a document stating that it has no doubt as to the authenticity of that document after the applicant has submitted a document which cannot be provided with the required verification clause.
Transposition of the authentic instrument
(1) The representative office shall verify the accuracy of the translation of the authentic instrument by attaching a clause after assessing the accuracy of the translation of the authentic instrument submitted by the applicant or acquired by the representative office.
(2) The verification clause for verifying the accuracy of the translation contains:
(a) the name of the representative office;
(b) the serial number under which the verification is recorded in the verification book;
(c) the language of the translated document;
(d) the language to which the instrument has been translated;
(e) an indication of whether the translation was made by the representative office or submitted by the applicant;
(f) an indication of whether the translation is complete or partial,
(g) the name and, where applicable, the name, surname and signature of the certifying person who carried out the verification of the accuracy of the translation;
(h) an official stamp; and
(i) the place and date of verification of the accuracy of the translation.
(3) The model verification clause for verifying the accuracy of the translation is set out in Annex 5 to this Decree.
Presumption of verification of translation accuracy
The accuracy of the translation shall be verified provided that:
(a) the translation by the applicant is correct; and
(b) the original or an officially certified copy of the document to be certified shall be presented.
Verification clauses
(1) The verification clause shall take the form of a self-adhesive label printed by means of a computer that shall be glued to the certified document. The verification clause may also be written by the machine or stamped by hand. Only in exceptional cases, where there is a risk of delay, the verification clause may be drawn up by hand in legible letters.
(2) If the certified document consists of multiple sheets or if the document file is firmly joined to a bundle during the verification, it shall be joined by a suture which shall be folded. The sticker shall be stamped on both sides in such a way that part of the stamp is printed on the instrument.
(3) The verification clause shall be indicated by the representative office on the certified document. If there is not enough space on the list to indicate the verification clause, the verification clause shall be marked on a separate sheet of paper, fixed in the form referred to in paragraph 2.
(4) The verification clause shall be signed by the consular officer responsible for the verification and shall indicate, for his signature, his machine written or stamped, and, in exceptional cases, in writing, the name and, where appropriate, the name, surname, including, where appropriate, the academic title and function in manuscript letters.
(5) A large official stamp shall be stamped under the verification clause. If the size of the instrument does not permit the imprint of a large official stamp, the representative office shall enter a small official stamp under the verification document.
Writing in the verification book
(1) Verification records shall be kept in a tied verification book with forms numbered in a continuous series. The verification book shall include a list of signature models of the verifiers performing the verification operations.
(2) The verification book also contains:
(a) the serial number of the verification operation;
(b) the date of the verification operation;
(c) the name and, where applicable, the names, surnames, date and place of birth of the applicant and, where appropriate, of the witnesses, if they go for legalisation in the presence of witnesses;
(d) the residence of the applicant and, where appropriate, of the witnesses;
(e) the type and number of the document on the basis of which the particulars referred to in (c) and (d) have been found;
(f) the signature of the person whose signature is legalized and, where appropriate, the signature of witnesses;
(g) an indication of whether the instrument was signed by hand at the representative office,
(h) indication whether the signature on the instrument has been recognised by the applicant as having its own signature;
(i) an indication that the instrument of vision literally agrees with the instrument from which it was taken;
(j) the number of pages and the language of the document from which the translation was made and the number of pages and the language of the translation;
(k) an indication of the type of document covered by the verification operation;
(l) an indication of the payment of the administrative fee or an indication of the reduction or waiver of the levy or, where applicable, an exemption from the administrative charge, with reference to legislation; and
(m) the signature of the authorising officer.
(3) The verification book shall be kept for the calendar year. After its closure, it shall be deposited with the representative office for a period of 10 years.
(4) The representative office shall ensure the protection of the verification books from the misuse of data contained therein, from theft or damage.
(5) The model form for the verification book is set out in Annex 6 to this Order.
Test and test certificate
(1) The examination provided for in Article 18 (7) of the Act forms part of the final written examination of knowledge in the preparation of consular officers in connection with the performance of foreign service.
(2) The content of the test referred to in paragraph 1 shall be the demonstration of the knowledge of the verification activity, including the knowledge of the legislation, including those relating to administrative fees, international agreements applicable to the Czech Republic and the recipient State, the knowledge of the verification clauses, their completion and use, the knowledge of the reasons for refusal of the verification operation and the keeping of records of the verification operations carried out in the verification book.
(3) The composition of the test shall be demonstrated by a certificate of compliance with the conditions for the performance of the consular service at the representative office and of the examination for the performance of the verification activity issued by the Ministry of Foreign Affairs. The model of the certificate showing that the examination provided for in Section 18 (7) of the Act is carried out is set out in Annexes 7 and 8 to this Decree.
(4) If the consular officer has failed to pass the test referred to in paragraph 2, he may repeat the test twice. The test may be repeated no later than 10 days after the date of the test at which the consular official failed.
Transitional provision
Where the consular officer has carried out verification activities at the date of entry into force of this Decree, he shall be deemed to have passed the examination provided for in Section 12.
Efficacy
This Regulation shall enter into force on 1 July 2017.
Minister:
PhDr. Zaoralek v. r.
Příloha č. 1
Annex No 1 to Decree No 187 / 2017 Coll.
VERIFICATION DOCUMENT FOR VIDIMATION
Příloha č. 2
Annex No 2 to Decree No 187 / 2017 Coll.
VERIFICATION DOCUMENT FOR LEGALISATION
Příloha č. 3
Annex No 3 to Decree No 187 / 2017 Coll.
VERIFICATION DOCUMENT FOR LEGALISATION IN THE PARTICIPATION OF CERTIFICATES
Příloha č. 4
Annex No 4 to Decree No 187 / 2017 Coll.
LEVEL OF EXECUTIVE VERIFICATION
Příloha č. 5
Annex No 5 to Decree No 187 / 2017 Coll.
VERIFICATION DOCUMENT FOR VERIFICATION OF TRANSLATION
Příloha č. 6
Annex No 6 to Decree No 187 / 2017 Coll.
Model form of the verification book
Příloha č. 7
Annex No 7 to Decree No 187 / 2017 Coll.
CERTIFICATE OF THE COMPLIANCE OF CONSULAR SERVICES CONDITIONS
Příloha č. 8
Annex No 8 to Decree No 187 / 2017 Coll.
CERTIFICATE OF COMPLIANCE OF THE TEST FOR VERIFICATION ACTIVITIES
1) Section 22 of Act No. 300 / 2008 Coll., on Electronic Acts and Authorised Conversion of Documents, as amended.
2) For example, § 38 (4) of Act No. 500 / 2004 Coll., Administrative Regulation.
3) For example, § 69 (4) of Act No. 500 / 2004 Coll., the administrative order.
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Regulation Information
| Citation | Decree No. 187 / 2017 Coll., on the carrying out of verification activities by the representative office and on more detailed conditions for the test to be carried out to carry out verification activities |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 30.06.2017 |
|---|---|
| Effective from | 01.07.2017 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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