Decree No. 213 / 2012 Coll.
Decree amending Decree No. 645 / 2004 Coll., implementing certain provisions of the Act on archiving and file service and amending certain laws, as amended by Decree No. 192 / 2009 Coll.
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20.06.2012
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213
DECLARATION
of 13 June 2012
amending Decree No. 645 / 2004 Coll., implementing certain provisions of the Act on Archiving and File Service and amending certain laws, as amended by Decree No. 192 / 2009 Coll.
According to Section 86 of Act No. 499 / 2004 Coll., on archiving and file services and on the amendment of certain laws, as amended by Act No. 190 / 2009 Coll. and Act No. 167 / 2012 Coll., for the implementation of § 19, § 24 (3), § 31 (2), § 36, § 40 (7), § 56 (4) and § 61 (9) of the Act:
Decree No. 645 / 2004 Coll., implementing certain provisions of the Act on archiving and file service and amending certain laws, as amended by Decree No. 192 / 2009 Coll., is amended as follows:
1. In Article 1 (5), the words "stored outside cultural scientific institutions and archives' are replaced by the words" which do not belong to the care of cultural scientific institutions and archives';
2. In Article 2 (1), the words "Application for approval of an agreement on the clearance of the archive fund or archive collection (hereinafter referred to as the archive file) or the proposal for a decision on the composition of the archive file and their location 'are replaced by the words" Proposal for the conversion of the archive into the care of another archive' and the words "Delimited archival records' shall be replaced by the words" archival archives moved between archives or culturally scientific institutions which maintain the basic records' in order to ensure the care of the archive (hereinafter referred to as "Delimitation ').
3. In Article 2 (2), the words "Archives moved between archives or culturally scientific institutions which maintain basic records for the purpose of ensuring the care of archives (hereinafter referred to as" delimitation ") 'are replaced by the words" Decoupled archives' and the words "where the archives were stored until the time of delimitation 'are replaced by the words" in whose care the archives were until the time of delimitation'.
4. Paragraph 2 (5) reads as follows:
"(5) If the State Regional Archives carry out the transfer of the archive between the State Regional Archives, which are its internal organizational units, they shall notify the Ministry for the purposes of updating the central records. ';
5. In Article 3 (1), the word "file 'is replaced by" fund or archive collection ("archive file') '.
6. In Section 4 (1) of the introductory part of the provision, the words "in fixed books' are replaced by the words" as a complete set '.
7. In Article 4 (1) (f), the words "the reference document number of the external change 'are replaced by the words" the reference number or other unambiguous identification of the document concerning the external change'.
8. In Article 4 (1), the words "in the case of archives in analogue form 'shall be inserted at the beginning of point (j).
9. in Article 4 (1), the following point (k) is inserted after point (j):
"(k) for archival in digital form size in flats, broken down
1. size of unprocessed archives in digital form,
2. the size of the processed archives in digital form,
3. the size of the inventoried archives in digital form,
4. the total size of the archives in digital form, which is the sum of the size of the processed archives including the inventory archives and the sum of the sizes of the unprocessed archives, '.
Points (k) to (n) shall be renumbered as points (l) to (o).
10. in Paragraph 4 (1), the comma at the end of point (n) shall be replaced by a dot and point (o) shall be deleted;
11. in Article 5 (2), the words "in the case of archives in analogue form" shall be inserted at the beginning of point (g).
12. in Article 5 (2), the following point (h) is inserted after point (g):
"(h) in the case of digital archives, the size of the flats, broken down by the size referred to in § 4 (1) (k),"
Points (h) and (i) shall be renumbered as points (i) and (j).
13. in Article 5 (2) (i), "(k)" is replaced by "(l)";
14. in Article 5 (2) (j), the words "the reference document number of the internal amendment" shall be replaced by the words "the reference number or other unambiguous identification of the document concerning the external amendment."
15. in Article 6 (2), the words "stored outside the archives" shall be replaced by the words "which do not belong to the custody of the archives" and the words "stored in archives or cultural scientific institutions" shall be replaced by the words "belonging to the care of the archives or cultural scientific institutions."
16. in Article 6 (3) (b), the words "stored outside archives and culturally scientific institutions" are replaced by the words "which do not belong to the care of the archive or cultural scientific institutions,"
17. in Article 6 (3), point (i) is deleted;
Points (j) to (dd) shall be renumbered as points (i) to (cc).
18. In Article 6 (3), the words "for archives in analogue form 'shall be inserted at the beginning of point (j).
19. in Article 6 (3), the following point (k) is inserted after point (j):
"(k) in the case of archival archives in digital form, their size in the flats, broken down in Article 4 (1) (k),"
Points (k) to (cc) shall be renumbered as points (l) to (dd).
20. in Article 6 (3) (o), "(k)" is replaced by "(l)";
21. in Article 6 (3) (s) (1), the words "the reference document number of the external amendment" shall be replaced by the words "the reference number or other unambiguous identification of the document concerning the external amendment."
22. in Article 6 (3) (s) (3), "(k)" is replaced by "(l)";
23. in Article 6 (3), point (aa) is deleted;
The existing points bb) to dd) are referred to as (aa) to (cc).
24. in Paragraph 9 (2), the word "guaranteed" shall be replaced by "recognised."
25. In Article 12 (1), the words "stored outside the archives or a culturally scientific institution, which" shall be replaced by the words "which do not belong to the care of the archive or the cultural scientific institution and which" shall be replaced by ";
26. In Article 12 (2), the words "are stored in an archive or a cultural scientific institution 'are replaced by the words" belong to the care of an archive or a cultural scientific institution'.
27. The following Sections 12a to 12c are inserted after Section 12, including the common title and footnotes 2 and 3:
"Creating, managing and accessing metadata from archival sites
(1) The basic identification of the archive consists of:
(a) the archive identifier assigned by the digital archive, if it is a digital archive;
(b) the name of the archive file;
(c) the period of origin of the archive;
(d) the name or business name of the author of the archive file and, where appropriate, the name or designation of its internal organisational body;
(e) the brief content of the archive,
f) data format of archival and its version, if it is about archival in digital form,
(g) the type and number of registration units;
(h) the size of the registration units in the apartments, if it is about archival in digital form;
(i) an indication that the archives contain commercial, banking or similar secrets or personal data covered by a special protection regime under other legislation2),
(j) the language in which the archive is taken;
(k) the facts necessary for the display or other processing of the contents of the archive in digital form, if any, in the database.
(2) The description of the processed archive contains data on the classification of the registration unit into the archive file structure and reference to the archive aid.
The originator records shall include:
(a) in the case of archives the originator is a natural person;
1. Identifier assigned by the originator to the originator's registry,
2. the identity of the originator to the extent of the name and, where applicable, the name, surname, date and place of birth and death of the originator; the date and place of birth and death shall be kept only if the processor is aware of the record;
3. brief biographic characteristics of the originator,
4. details of the information sources used to establish and maintain the originator's record in the originator's register;
5. the processor's identification details of the originator's record in the originator's register, to the extent of the name and, where applicable, the name, surname and date and time of processing of the record;
(b) in the case of archival works the originator of which is a legal person, including an interest association of legal persons (3);
1. Identifier assigned by the originator to the originator's registry,
2. the identity of the originator to the extent of the business firm or the name of the originator, the identity number of the person, if assigned, the address of the registered office and the date of origin and death of the originator;
3. the territorial scope of the originator, where applicable,
4. the history of the originator,
5. identification details of the originator's legal predecessor, if any, within the scope of the business firm or name, address of the registered office and date of origin and termination,
6. identification details of the legal successor of the originator, if any, within the scope of the company or name, address of the registered office and date of origin and termination,
7. the processor's identification details of the originator's record in the originator's register, to the extent of the name and, where applicable, the name, surname and date and time of processing of the record;
(c) in the case of archival sites the originator is a group of persons acting under the same name and associated to achieve the same purpose;
1. Identifier assigned by the originator to the originator's registry,
2. the originator's identification details to the extent of the originator's name, address of the registered office and date of origin and death of the originator;
3. the territorial scope of the originator, where applicable,
4. the history of the originator,
5. identification details of the legal predecessor of the originator in respect of the purpose of the activity, if any, within the scope of the name, address of the registered office and date of origin and termination;
6. the identification of the legal successor of the originator in respect of the purpose of the activity, if any, within the scope of the name, address of the registered office and the date of origin and termination,
7. the processor's identification details of the originator's record in the originator's register, to the extent of the name and, where applicable, the name, surname and date and time of processing of the alert.
(1) The description of the archive or the cultural scientific institution under the care of the archive shall include:
(a) the archive identifier or cultural scientific institution allocated by the Ministry;
(b) the name of the archive or cultural scientific institution;
(c) generally used name of archive or cultural scientific institution, if any;
(d) the name or business name of the legal predecessor of the archive or of the cultural scientific institution, if any;
(e) the category of archive under Article 42 (1) of the Act and the type of archive under Article 42 (2) of the Act,
(f) the address of the registered office of the archive or of the cultural scientific institution or, where appropriate, the address of their places of work intended for public contact;
(g) contact details, in particular telephone and fax numbers, e-mail address and, where appropriate, other contact e-mail address, and the website address of the archive or cultural scientific institution and their public relations offices;
(h) the name and, where applicable, the name, surname, telephone number and e-mail address of the person leading the archive or the culturally scientific institution, of the person leading the research centre, of the person leading the mailroom and of the person responsible for selecting the archives from the originators;
(i) the history of the archive or of the cultural scientific institutions or of their legal predecessors;
(j) a legal title for the performance of the activity of an archive or a cultural scientific institution;
(k) the organisational structure of the archive or of the cultural scientific institution, where they are a legal person, or, where appropriate, data on the integration of the archive or cultural scientific institution into the organisational structure of another legal entity;
(l) the scope of the archive to select archives;
(m) the extent of archives and the structure of archive files in the care of the archive or stored with a cultural scientific institution;
n) bibliographic quote guide for archive files,
(o) visiting times of the archive or cultural scientific institution;
(p) the conditions for submission of archives to the archive or to a cultural scientific institution;
(q) equipment of the archive or cultural scientific institution, including photodocumentation of such equipment;
(r) the scope of the services provided by the archive or a cultural scientific institution;
(s) an indication of the accreditation of the archive within the scope of the reference number and the date of the decision;
(t) the name and, where applicable, the name, surname, date of birth and address of the place of residence of the founder of the archive or of the cultural scientific institution in the territory of the Czech Republic, or the address of his residence abroad, if it is a natural person; where the operator is an entrepreneur, the description of the archive or the cultural scientific institution shall include its name and, where applicable, its name, surname and, where appropriate, the addendum distinguishing the person of the entrepreneur or the type of business relating to that person or the type of business operated by him, the identification number and address of the place of business;
(u) the name or business name of the archive founder or the cultural scientific institution, the identification number and address of the registered office, if any,
(v) an indication of the duties of the archive or of the cultural scientific institution towards the administrative authorities on the archiving section and the superior bodies.
(2) Part of the description of the archive or the cultural scientific institution
(a) a user reference to the archive information system or cultural scientific institution, accessible in a way that allows remote access;
(b) a user reference to the service price list;
(c) a user reference to the conditions and requirements for access and use of archival materials (rules of inquiry).
2) For example, Act No. 513 / 1991 Coll., Commercial Code, as amended, Act No. 21 / 1992 Coll., on Banks, as amended, Act No. 101 / 2000 Coll., on the Protection of Personal Data and on the Amendment of Certain Acts, as amended.
3) Act No. 40 / 1964 Coll., Civil Code, as amended. '
28. Article 13 shall be deleted, including the title.
29. in Article 15 (2), the words "or digital reproduction" shall be inserted after the word "photocopies."
30. In Article 15 (3), the words "deposited in public 'are replaced by the words" treated in public'.
31. In Article 15, at the end of paragraph 3, the sentence "The provisions of the first sentence shall not apply when the archive is in digital form, the replica of which has been submitted to the care of the public archive."
32. In Article 16 (1), the words "with a model of the request for inspection," shall be deleted and the word "model" shall be replaced by "model."
33. In Article 16, the following paragraph 3 is added:
"(3) If the archive allows viewing of archives in digital form, replica of archives in digital form or digital reproductions of archives in analogue form in a way that allows remote access, it shall adjust the conditions of such viewing in the order of exploration. ';
Article 34 (17), including the title, reads:
Maximum amount of reimbursement of costs associated with the provision of public archives services
(1) The maximum amount of reimbursement of costs associated with the acquisition of an extract, a copy or a copy of the archive in analogue form or the acquisition of a replica of the archive in digital form and the costs associated with the confirmation of the conformity of a certified copy of the archive in analogue form with the archive in analogue form stored in the archive or with the replica of the archive in digital form stored in the archive, which is entitled to require the public archive, are shown in the schedule of the maximum amount of reimbursement of the costs associated with the provision of the public archive services contained in Annex 4 to this Decree.
(2) The Archives may waive the costs associated with the provision of the services referred to in paragraph 1 where such services are provided to persons in respect of whom the Administrative Charges Act provides that they are exempt from administrative fees or are carried out in connection with acts which the Administrative Charges Act provides that they are exempt from administrative fees or are carried out in connection with submissions under the War Veterans Act and the Resistance and Communism Act. "
35. Annexes 1 and 2 shall read as follows:
"Annex No 1 to Decree No 645 / 2004 Coll.
Registration units
1. Distribution of the registration units
1.1. Main and partial accounting units
The registration units are divided into main and partial units. The main accounting units are basic, general units for counting and reporting the quantity of archival sites. The sub-registration units shall specify the main registration unit. The sub-records units shall be entered in the National Archives Register and in the archive aids for processed archives. If the registration units are unambiguous and identifiable without further processing, they shall also be indicated for unprocessed archives. The sum of the number of processed or, where appropriate, inventoried sub-records always corresponds to the number of processed or, where applicable, inventoried main records.
1.2. Registration units for processed and unprocessed archives
Registration units are divided into units for:
(a) unprocessed archives, such as packages and cartons, datasets (data packages); In the case of unprocessed cinematographic films and phonographic archives, identifiable individuals, such as film bands, other analogue record carriers, digital record carriers, phonographic rolls, phonographic wires, gramophone plates, matrices, magnetophones, audio cassettes (analogue), audio cassettes (digital) and compact disks shall also be provided,
(b) processed archives which are subdivided into:
1. records units for archives in analogue form; For records in analogue form, the number and optional size in normal metres shall be indicated;
2. digital archival storage units; the number and size of the housing units shall be indicated in digital form; in the case of film and sound works and records on portable data exchange media, the size in the housing need not be indicated.
1.3. Registration units for individual and quantitative units
The archival registration units are subdivided into:
(a) the registration units for the quantitative units, in particular packages, cartons, fascikles, datasets (data packages) and digital archive units (DAJ); In particular, quantitative units are used for the recording of files, correspondence, accounts, technical documentation, except maps, plans and technical drawings such as individual music, unless they are registered as manuscripts, clippings, databases, presentations, websites, mathematical models, digital files,
(b) the registration units for individual records; as an individual shall be reported in particular:
1) Charter until 1850, Charter after 1850,
(2) the official book, the manuscript,
(3) the submission log or log, including the submission logs or logbooks in the notebook or file form, index, elench, repertoire,
4) filing cabinet,
5) Seal, stamp, separate seal, cast seal, print typist,
6) map, atlas, technical drawing, graphic sheet, drawing,
7) photograph on paper pad, photo album, leaf film, scroll film, 35mm film, microfilm, microfiche, photo album, digital photography; photographs stored in albums are not reported separately, the whole scroll is reported for roll films;
8) film band or other carrier of analogue records, digital record carrier, cinematographic record in analogue and digital form,
9) phonographic roller, phonographic wire, matrix, gramophone board, tape tape, audio cassette, compact disk, audio recording in analog and digital form,
10) print until 1800, print after 1800, postcard, poster, security paper, stack,
11) subject of a numismatic nature, subject of a false nature.
2. Principles for determining the archival registration unit in analogue and digital form
Registration units exist for archival in analog and digital form. Their definition and registration shall be based on the following principles:
(a) Packages, cartons and datasets (data packages) shall be used as registers for unprocessed archives; other registers shall be indicated if they are unambiguous and identifiable without further processing; In this case, sub-units shall also be provided.
(b) Individuals shall not include those included in files or other items. Individuals shall be included in the National Archive Heritage Register regardless of the form of storage. Where individual items are stored in cartons, fences or other packages, they shall be recorded as individual items and the corresponding cartons, fascikles or other packages shall not be recorded as registration units.
(c) Where the original archive has been proven to have been destroyed or lost and, for example, its study reproduction is available, such reproduction shall be counted as the appropriate recording unit; the note shall indicate that reproduction is recorded.
(d) Graphic sheets and drawings and reproduction thereof forming part of a document in which the primary plane of text and graphics was performed as an accompanying function (for example, illustrations in books, Veduces on tovarich sheets, graphics on invitations, headers of letters, diplomas) shall be recorded separately if they have been artificially separated from and cannot be included in the original record carrier. Otherwise, they shall be recorded together with their medium in the relevant group (for example, Files, Prints).
3. Definition of main and sub-accounting units
The definition of the recording units shall be carried out in accordance with the rules laid down in this Annex, using the definitions of each type of archive referred to in this Annex. Where archival is described, which falls in its content and in its form into several registration units, the primary purpose for which it was created is usually determined for its definition. The prevailing content or form component shall be assessed in the next order.
3.1. Listings until 1850
All documents issued up to 1850, including those deposited in the specialised collections of documents or in the departments of the archive file, which were created for their specialised storage and registration (for example, separation of documents in family, large-scale, church funds) shall be recorded, regardless of whether they were already created in the originator's organisation scheme or only during archival processing. If they are part of these collections, they shall also be recorded as documents.
Documents which are part of another archival (for example, inserts and transsupts in lists, copies of documents in official books and other manuscripts, documents entered into the file (for example, copies of contracts, uncollected personal documents)) shall not be recorded as individual and shall be considered as part of it. The documents deposited in cartons shall be recorded as individual and the cartons in which they are stored shall not be reported as registration units.
For archival records, the instrument shall mean a document which establishes, amends, cancels or certifies legal relations. It is drawn up in accordance with certain rules and in a certain form (for example, on a single sheet, which can be rolled together, on several sheets in a folder, in the form of a book) and provided with means of verification (for example, seal, stamp, signature) corresponding to the legal practice of the time of origin of the document. The same verification legal value shall be endorsed and a certified copy of the document, which is also the registration unit (vision, other officially certified copy, or a copy or a duplicate of the document).
For the purposes of archival records, certificates of privileges, majesties, diplomas issued by the monarch, protection and sloth sheets, coat of arms, nobilitation and incolation, reverses to the ground, patents, scripts, decrees (court), guild articles, notarial instruments. Documents establishing the legal acts referred to in the primary registers, certificates, maintenance certificates, teaching certificates, tovarich certificates and travel certificates, personal documents and diplomas, statutes and statutes of associations shall not be considered as documents for archival records. They are not recorded as instruments and do not report securities.
3.2. Listings after 1850
Only originals and certified copies of documents arising after 1850 shall be recorded as registers if:
(a) documents which continue to determine, by means of an individual act, the status or rights of the originator of the fund (including coat of arms, nobilitation and incorporation documents);
(b) instruments of incorporation or incorporation;
(c) acts governing the constitutional conditions of the State (for example, the Constitution, the Charter of Fundamental Rights and Freedoms),
(d) contracts or sets of contracts governing the international status of the State as a matter of principle.
The register shall show separately the number of documents in analogue form and the number of replik documents in digital form; for replica documents in digital form, the size of the documents in the apartments shall be indicated.
Documents establishing the legal acts listed in the primary registers, appointment by an honorary citizen, teaching papers, personal documents, school certificates, diplomas, statutes and statutes of the associations shall not be considered as authentic documents after 1850. Securities shall also not be recorded and reported as instruments. The documents which form part of the files shall not be recorded as documents after 1850.
3.3. Official books and manuscripts
Official books and manuscripts shall be designated as the registration unit of the official books and manuscripts constituting the sub-registers of that main registration unit. The official books and manuscripts shall be presented separately in analogue form, in digital form and separately as replicas. For official books and manuscripts in digital form and for replica of official books and manuscripts, the size of the books and manuscripts shall be indicated in the apartments.
3.3.1 Official books
Official books are archives that have been created as a tool for preserving logs, copies of documents or files of information in a form that allows the protection of their authenticity, legal validity and integrity. The legal importance of official books is generally established by law, or by an office standard, which determines their content and their management method.
The official books are tied. If they are not bound, they shall meet the following criteria:
(a) uniform arrangements;
(b) breakdown by single time units (e.g. years); and
(c) the identification of pages or sheets by serial number.
If the above criteria are not met, unbound official books shall be considered as act material. This also applies to annexes to official books.
Official books shall show the following general features:
(a) the book consists of a set of continuously procured entries, which are generally related to the same agenda (being kept while the file is handled);
(b) the entries in the official books are of arbitrary legal validity or administrative importance which, in the case of books of a public nature, equates the validity of documents or other documents of a legal nature;
(c) the form and structure of the minutes shall be chosen in such a way as to ensure that they are fully proven and to reproduce the essential elements of the draft; it is not only a record,
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Regulation Information
| Citation | Decree No. 213 / 2012 Coll., amending Decree No. 645 / 2004 Coll., implementing certain provisions of the Act on Archiving and File Service and amending certain laws, as amended by Decree No. 192 / 2009 Coll. |
|---|---|
| Regulation Type | Order |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 20.06.2012 |
|---|---|
| Effective from | 01.07.2012 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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