Act No. 269 / 2007 Coll.
Act amending Act No. 365 / 2000 Coll., on Information Systems of Public Administration and amending certain other laws, as amended, and other related laws
Valid
Law
Effective from 01.01.2008
269
THE LAW
of 26 September 2007
amending Act No. 365 / 2000 Coll., on Information Systems of Public Administration and amending certain other laws, as amended, and other related laws
Parliament has decided on this law of the Czech Republic:
Amendment of the Act on Information Systems of Public Administration
Act No. 365 / 2000 Coll., on Information Systems of Public Administration and amending certain other related laws, as amended by Act No. 517 / 2002 Coll., Act No. 413 / 2005 Coll., Act No. 444 / 2005 Coll., Act No. 70 / 2006 Coll., Act No. 81 / 2006 Coll. and Act No. 110 / 2007 Coll., are amended as follows:
1. Paragraph 8 (1) is deleted.
Paragraphs 2 to 4 shall be renumbered paragraphs 1 to 3.
2. Paragraph 9 (2), including footnote 14, is deleted.
Paragraphs 3 to 5 shall be renumbered paragraphs 2 to 4.
3. Paragraph 9 (2) reads as follows:
"(2) Where specific legislation so provides, the extract referred to in paragraph 1 (hereinafter referred to as the extract) or the confirmation that a specific figure in the public administration information system is not electronically marked with an electronic mark 11b) of the administrator (hereinafter referred to as the" exit from the public administration information system '), they shall verify and verify the outputs from the public administration information systems on request.
(a) notaries,
(b) regional authorities,
(c) matrix offices,
(d) the municipal authorities, the offices of urban areas or urban districts of territorial subdivided statutory cities and the offices of the urban areas of the capital of Prague, the list of which is provided for in the implementing legislation;
(e) the representative offices provided for in the implementing act;
(f) holder of a postal licence 15) and the Chamber of Commerce of the Czech Republic. '
4. In Article 9 (3), the words "and whose literal conformity with the output from the public administration information system has been verified 'are deleted.
5. Paragraph 9 (4) reads as follows:
"(4) The extract in paper form and the certified output referred to in paragraph 3 shall be public documents. ';
6. In Paragraph 9a (1) of the Introductory Part of the Provisions, the words "the Charter which" shall be replaced by "the Charter" and the words "the content of the output from the public administration information system" shall be deleted.
7. In Article 9a (1) (f), part of the text after the semicolon, including the semicolon, is deleted.
8. In Paragraph 9b (2), the words "signed by a guaranteed electronic signature of the authorised person of the controller or 'are deleted and the words" this guaranteed electronic signature or electronic mark is valid and their qualified certificate or qualified system certificate has not been invalidated' are replaced by the words "this electronic mark is valid and its qualified system certificate has not been invalidated '.
9. in § 9b (4) (d):
"(d) the number of the qualified system certificate on which the electronic mark, which is designated by the output from the public administration information system, is unique to the accredited certification service provider and the business firm of the accredited certification service provider that issued the qualified system certificate."
10. in Paragraph 9b, paragraph 5 is deleted;
11. in Article 9c (1), the words "signed by a guaranteed electronic signature of the authorised person or marked by an electronic mark 11b) and" shall be deleted;
12. at the end of the text of paragraph 1, the words "and marked with an electronic mark 11b)" shall be added.
13. in Article 9c (3), the words "data for the creation of a guaranteed electronic signature of the authorised person of the controller or" shall be deleted;
14. in Article 9d (1), "one sheet" is replaced by "one page."
15. in Paragraph 9d (2):
"(2) The administrative fee for the issue of a certified output issued by the verifier pursuant to Article 9 (2) (b) to (e) shall be laid down in a separate legislative act (16)."
footnote 10 is deleted.
16. in Paragraph 9d (3):
"(3) The verifier referred to in Article 9 (2) (f) may require a fee for the issue of a certified output, the amount of which may not exceed the administrative fee rate referred to in paragraph 2. ';
17. in § 12 (j):
"(j) the list of municipal offices, offices of urban areas or urban districts of territorial subdivided statutory cities and offices of urban areas of the capital of Prague pursuant to § 9 (2) (d)."
and point (k) is deleted;
18. In Article 12, the current text becomes paragraph 1 and the following paragraph 2 is added:
"(2) The Ministry, in agreement with the Ministry of Foreign Affairs, shall issue a decree implementing Section 9 (2) (e)."
19. In Part One, the following Section 12a is inserted after Section 12:
The powers laid down by this Act to the Regional Office, the Matrix Office and the Municipal Office, the City Office or the Urban District Office of the Territorial Territorial Statutory City and the City Office of the Capital City of Prague shall be exercised by delegation. '
Repeal
The following shall be deleted:
1. Decree No. 550 / 2006 Coll., establishing a list of other municipal authorities issuing certified outputs from public administration information systems.
2. Decree No. 441 / 2006 Coll., on the formalities for the certification stamp of the holder of the postal licence and the certification stamp of the Chamber of Commerce of the Czech Republic (Order on the formalities for the verification stamp).
Amendment of the Administrative Charges Act
Act No. 634 / 2004 Coll., on administrative fees, as amended by Act No. 217 / 2005 Coll., Act No. 228 / 2005 Coll., Act No. 357 / 2005 Coll., Act No. 361 / 2005 Coll., Act No. 444 / 2005 Coll., Act No. 545 / 2005 Coll., Act No. 553 / 2005 Coll., Act No. 48 / 2006 Coll., Act No. 56 / 2006 Coll., Act No. 227 / 2006 Coll., Act No. 57 / 2006 Coll., Act No. 81 / 2006 Coll., Act No. 161 / 2006 Coll., Act No. 179 / 2006 Coll., Act No. 130 / 2006 Coll., Act No. 136 / 2006 Coll., Act No. 138 / 2006 Coll., Act No. 161 / 2006 Coll., Act No. 179 / 2006 Coll., Act No. 179 / 2006 Coll., Act No. 215 / 2006 Coll.
1. In Section 3 of Part I of the Annex, point (d) of the Graper is replaced by the following:
| „d) | Vydání ověřeného výstupu z informačního systému veřejné správy | Kč | 100 |
| za první stránku | |||
| Kč | 50 | ||
| za každou další i započatou stránku“. | |||
2. The following provision shall be inserted after the provisions of the Exemption under heading 3 of Part I of the Annex:
"Empowerment
The administrative authority may reduce the fee for the issue of certified output from the public administration information system by up to 90% of the amount referred to in point (d) of this item. ';
Amendment of the Trade Act
In Article 60 of Act No. 455 / 1991 Coll., on Business Business (Commercial Act), as amended by Act No. 356 / 1999 Coll., Act No. 167 / 2004 Coll., Act No. 257 / 2004 Coll. and Act No. 214 / 2006 Coll., the sentence including footnote No 38d is added at the end of paragraph 7. "To the extent provided for in the first sentence, certified outputs from the public administration information system shall be issued from the register in accordance with special legislation38d. ';
Footnote 38d:
"38d) Act No. 365 / 2000 Coll., on Information Systems of Public Administration and on the amendment of certain other laws, as amended."
footnote 38d shall be renumbered footnote 38e, including the footnote references.
Amendment to the Penal Register Act
Act No. 269 / 1994 Coll., on the Register of Penalties, as amended by Act No. 126 / 2003 Coll., Act No. 253 / 2006 Coll. and Act No. 342 / 2006 Coll., is amended as follows:
1. footnote 1a shall read:
"(1a) Act No. 499 / 2004 Coll., on archiving and file services and on amending certain laws, as amended."
2. In Article 10 (4), the words "at the seat of the Register of Penalties' shall be inserted after the words" allow '.
3. In Paragraph 10 (4), the second sentence is deleted.
4. in Article 11 (2), point (a) is deleted;
Points (b) to (d) shall be renumbered as points (a) to (c).
5. In Article 11 (3), "(a), (b) and (c) shall be replaced by" (a) and (b) ';
6. The following Sections 11a and 11b are inserted after Section 11, including footnotes 4a, 5 and 5a:
(1) Where a written request for an extract pursuant to Article 11 (1) is submitted to a notary, regional authority, municipal office, matrix office or representative office, which is authorised under the special legislature4a) to issue a certified exit from the public administration information system (hereinafter referred to as the "delegated authority '), the person who submitted the application shall receive an extract for a waiting period unless he expressly requests the application to be executed in accordance with the procedure laid down in Article 11 or unless otherwise specified.
(2) Upon receipt of the request for an extract, the competent authority shall also verify, in addition to the facts referred to in Article 11 (2), the accuracy of the information contained in the officially certified power of attorney or lawyer of the person concerned's request and the fact that a fee has been paid for the receipt of the request for an extract referred to in Article 14.
(3) After verifying the facts referred to in paragraph 2, the competent authority of the Register of Penalties shall send a request for an extract in electronic form, signed by a guaranteed electronic signature or marked by an electronic mark in accordance with a special legislature5). In the same way, the Register of Penalties shall send him an extract bearing an electronic signature (5) immediately upon receipt of the request; This does not apply if the identity of the applicant needs to be further examined for the purposes of issuing the extract, in particular by comparing the data in the extract application with the data kept in the population register. The Register of Penalties shall immediately inform the designated authority which sent the request and indicate the expected date of the extract.
(4) The competent authority shall issue an extract in paper form to the person who made the request for an extract immediately upon receipt from the Register of Penalties. Where, for the purposes of issuing an extract, the identity of the applicant referred to in paragraph 3 is necessary, the competent authority shall communicate this fact to the person who submitted the extract and shall inform the applicant, in the light of the expected date of issue of the extract, when the extract may be collected.
(5) Details of the procedure for issuing the extract by the authority responsible are laid down in the Order of the Ministry of Justice.
(1) The Register of Penalties shall keep, in accordance with specific legislation5a), requests for an extract submitted pursuant to Article 11, including officially certified full powers attached to the application, for a period of six years after the application has been submitted, either in paper or in electronic form.
(2) The competent authority shall keep written requests for an extract submitted pursuant to Article 11a, including officially certified full powers attached to the applications, for a period of six years after the application has been lodged, either in paper or in electronic form.
(3) The competent authority shall keep records of requests for extracts submitted pursuant to Article 11a, either in paper or in electronic form. The record shall record the date and time of the application for an extract and, where the application is submitted by an agent or lawyer, it shall also be recorded that the application is accompanied by an officially certified mandate. In addition, it shall be indicated who is requesting the extract and who has accepted the extract.
4a) § 9 (2) of Act No. 365 / 2000 Coll., on Information Systems of Public Administration and on the amendment of certain laws, as amended.
5) Act No. 227 / 2000 Coll., on electronic signature and amending certain other laws (Act on electronic signature), as amended. Government Decree No. 495 / 2004 Coll., implementing Act No. 227 / 2000 Coll., on Electronic Signature and amending certain other laws (Electronic Signature Act), as amended.
5a) Act No. 499 / 2004 Coll., on archiving and file services and on amending certain laws, as amended. Act No. 101 / 2000 Coll., on the protection of personal data and on the amendment of certain laws, as amended. '
The text of footnote 5 is deleted.
7. In Article 14, the words "and Article 11a (1) 'are inserted after the words" Paragraph 11 (1)'.
8. In Article 15 (3), the words ", 11a 'shall be inserted after the words" pursuant to Paragraph 10, 11'.
9. In Section 16, the words "to issue an extract and a copy 'shall be inserted after the word" extract'.
Amendment of the State Social Support Act
Act No. 117 / 1995 Coll., as amended by Act No. 137 / 1996 Coll., Act No. 132 / 1997 Coll., Act No. 122 / 1997 Coll., Act No. 91 / 1998 Coll., Act No. 158 / 1998 Coll., Act No. 360 / 1999 Coll., Act No. 118 / 2000 Coll., Act No. 132 / 2000 Coll., Act No. 155 / 2002 Coll., Act No. 53 / 2003 Coll., Act No. 237 / 2004 Coll., Act No. 362 / 2003 Coll., Act No. 151 / 2002 Coll., Act No. 453 / 2003 Coll., Act No. 125 / 2003 Coll., Act No. 362.
1. In Article 63 (3), the third sentence is inserted after the second sentence, including footnote 19a: "The Ministry of Labour and Social Affairs shall also provide, by electronic means, the electronic access of the Register of Penalties in order to verify the identity of the person who, under the specific legislation 19a) applies in electronic form for the issuance of an extract or for consultation of the copy from the Register of Penalties.
19a) § 16a of Act No. 269 / 1994 Coll., on the Register of Penalties, as amended. '
The existing footnotes No 19a to 19f are referred to as footnotes No 19b to 19g, including references to footnotes.
2. In Paragraph 64a (2), the words "the third sentence 'are replaced by the words" the fourth sentence'.
EFFECTIVE
This Act shall take effect on 1 January 2008.
Wolf
Klaus v. r.
Topolánek v. r.
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Regulation Information
| Citation | Act No. 269 / 2007 Coll., amending Act No. 365 / 2000 Coll., on Information Systems of Public Administration and amending certain other laws, as amended, and other related laws |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 31.10.2007 |
|---|---|
| Effective from | 01.01.2008 |
| Effective until | - |
| Status | Valid |
Legal Areas:
Security
Taxes
Social security benefits
Finance
Information, Data, Data
Commercial law
Trade Register
Fees
Social security law
Land, Land
Self-administration
Social Services, Social Assistance
Administrative law
Government
Criminal law
Criminal law substantive
Criminal law
Constitutional (state) law
Territorial Authority
Business
The regulation text is for informational purposes only.
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