Act No 269 / 2021 Coll.
Civil ID Act
Valid
Law
Effective from 02.08.2021
Contents
ČÁST PRVNÍ
§ 1
ČÁST DRUHÁ
HLAVA I
§ 2
§ 3
§ 4
HLAVA II
§ 5
§ 6
§ 7
HLAVA III
Díl 1
§ 8
§ 9
§ 10
§ 11
§ 12
§ 13
§ 14
§ 15
§ 16
§ 17
§ 18
§ 19
§ 20
§ 21
Díl 2
§ 22
§ 23
§ 24
Díl 3
§ 25
§ 26
§ 27
§ 28
§ 29
§ 30
§ 31
§ 32
HLAVA IV
§ 33
§ 34
§ 35
§ 36
HLAVA V
§ 37
§ 38
§ 39
§ 40
§ 41
ČÁST TŘETÍ
§ 42
§ 43
§ 44
§ 45
§ 47
§ 48
§ 49
§ 50
§ 51
§ 53
ČÁST ČTVRTÁ
HLAVA I
§ 54
§ 55
§ 56
§ 57
§ 58
HLAVA II
§ 59
§ 60
§ 61
§ 62
§ 63
§ 64
ČÁST PÁTÁ
§ 65
§ 66
ČÁST ŠESTÁ
§ 67
§ 68
§ 69
§ 70
§ 71
§ 72
§ 73
ČÁST SEDMÁ
§ 74
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269
THE LAW
of 1 July 2021
on civil ID cards
Parliament has decided on this law of the Czech Republic:
SUBJECT MATTER OF THE ADJUSTMENT
This law regulates the rights, obligations and responsibilities of the civil ID section and builds upon the directly applicable European Union Regulation (1).
_
INTRODUCTORY PROVISIONS
ID
(1) A citizen's card is a public document to which the person to whom the identity card is issued (hereinafter referred to as the "holder of the card") proves his identity and the facts therein.
(2) The ID card is also a means of storing or using the data necessary for the electronic identification and authentication of the holder of the card or for other electronic operations (hereinafter referred to as "electronic use of the card ').
Obligation to have an ID
(1) A citizen of the Czech Republic who has reached the age of 15 years and who has permanent residence on the territory of the Czech Republic is required to have an identity card, unless otherwise specified.
(2) A national of the Czech Republic, who is limited in his own right, is not required to have a card.
Right to have an ID
A national of the Czech Republic shall have the right to have an ID if:
(a) is less than 15 years old,
(b) it is limited in its own right; or
(c) has no permanent residence in the Czech Republic.
CITIZENS 'COMPLIANCE
Data and data on the ID card
(1) The identity card shall include:
(a) details of the holder of the identity card:
1. name, if any, and surname,
2. sex,
3. citizenship,
4. date of birth,
5. place and district of birth, born on the territory of the Czech Republic, according to the status on the date on which the application for the issue of the identity card was submitted,
6. the code of the country of birth according to the statistical code sheet created by the Czech Statistical Office, if born outside the territory of the Czech Republic, according to the condition on the date of the application for the issue of the ID card,
7. the address of the place of permanent residence, if it is registered for permanent residence in the Czech Republic, including the designation of this information as the address of the office, if so indicated in the population registration information system,
8th birth number,
9. form,
10. signature; and
11. Biometric data; biometric data means the image of the face and fingerprints of the hands taken under Regulation (EU) 2019 / 1157 of the European Parliament and of the Council;
(b) an official record which contains an unabridged form of the name or full surname of the holder of the identity card, provided that, in the context of the information on the holder of the identity card, the abbreviated form referred to in Article 7 (2),
(c) particulars of the identity card which are:
Number 1,
2. the document code in accordance with Regulation (EU) 2019 / 1157 of the European Parliament and of the Council;
3. Date of issue,
4. expiry date,
5. the designation of the administrative department which issued it; and
6. the Czech Republic code under Regulation (EU) 2019 / 1157 of the European Parliament and of the Council; and
(d) data enabling checking of data in machine-readable form.
(2) The identity card shall indicate, at the applicant's request, the family status or the registered partnership.
(3) The data for electronic use of the identity card provided for in the implementing legislation shall be stored on the identity card. If this law refers to the storage of data for the electronic use of the identity card, this also means their connection to the identity card.
(4) The identity card shall contain, at the request of the holder of the identity card, data for the electronic use of the identity card provided for in the implementing legislation or may be stored by the holder of the identity card himself.
Method of data presentation and storage in the ID card
(1) The data referred to in Articles 5 (1) (a) (1) to (10), (5) (1) (b), (5) (1) (c) (1) and (3) to (5) and (2) shall be given in the form immediately legible or susceptible by man; may also be indicated in machine readable form in the data medium.
(2) The data referred to in Articles 5 (1) (c) (2) and (6) and 5 (1) (d) shall be given in the form of direct or susceptible person or machine-readable in the data carrier.
(3) Biometric data shall be reported in machine-readable form in the data medium.
(4) The data referred to in Article 5 (3) and (4) shall be stored in the data medium.
(1) The identity card issued to a person under 12 years of age shall bear a record in the data medium containing biometric data, instead of fingerprints, that the biometric information is not on the identity card. The first sentence shall apply mutatis mutandis in the case of an identity card issued to a person for whom it is physically impossible to obtain fingerprints.
(2) If, due to a lack of space on the ID card, the second name of the holder of the identity card cannot be indicated, his first name shall be entered in the population register (hereinafter referred to as the "population register") and the first letter of the second name shall be given instead of the second name with a period. The first sentence shall apply mutatis mutandis in the case of a composite surname.
_
Application for an identity card
Applicant for issue of a card
(1) A citizen's card shall be issued at the request of a person who has an obligation or right to have an ID. A citizen's card shall also be issued at the request of a person under the age of 15 who acts as a person under the age of 15 or of a person under the age of 68 who acts as a person aged 15.
(2) No other person may be authorised to submit an application for an identity card.
Administrative authority responsible for receiving an application for a card
(1) The administrative authority responsible for receiving the application for a card is the municipal authority of the municipality with extended scope and in the capital city of Prague the office of the city district designated by the Statute of the City of Prague (hereinafter referred to as the "entrusted office").
(2) The administrative authority responsible for receiving an application for an identity card shall also:
(a) the Ministry of the Interior (hereinafter referred to as the Ministry), if the issue of the identity card is within 24 hours or 5 working days (hereinafter referred to as the "accelerated regime"); or
(b) an organisational department of the Ministry of Foreign Affairs established for the purpose of carrying out the tasks of the service abroad and designated by that Ministry (hereinafter referred to as the "authorised representative office"), not to issue an identity card under an accelerated regime.
Means of applying for a card
(1) The applicant for the issue of a card must submit an application for the issue of a card at the place of work of the administrative authority responsible for receiving the application for the issue of a card (hereinafter referred to as the post office). Where an application for an applicant is submitted by another person, the applicant's personal presence shall also be required when the application is submitted. Applications submitted otherwise shall not be taken into account.
(2) An application for the issue of a card shall be made at the post office with the assistance of the official and using the form issued by the Ministry.
(3) If, for reasons of personal freedom, long-term health reasons or for other serious reasons, an applicant for an identity card cannot attend the post office, the post office in whose administrative district the applicant is staying shall, on his request, allow the applicant to submit an application outside his place of work. The first sentence shall not apply in the case of an application for an issued identity card under an accelerated regime and an application submitted to the authorised representative office.
Time limits for lodging an application for a card
The applicant for the issue of an identity card which is required to have an identity card shall submit an application for the issue of an identity card at the latest by:
(a) 30 days from the date on which:
1. reached the age of 15 years,
2. has acquired full jurisdiction after its jurisdiction has been restricted by the judgment of the court; or
3. Announces a change in the place of permanent residence after leaving abroad,
(b) 15 days from the date on which the expiry of his current identity card pursuant to § 34 (1) (a) to (c), § 34 (2) or (4), or, if the current identity card indicates a family status or registered partnership, pursuant to § 34 (3), or
(c) 60 days from the date on which he became a citizen of the Czech Republic by declaration or grant.
Procedure for submitting an application for an identity card
(1) The applicant for the issue of the first identity card must submit an application for the issue of the identity card
(a) the birth certificate and, if reasonable doubts arise concerning its citizenship of the Czech Republic, also the proof of citizenship of the Czech Republic; or
(b) a Czech passport with machine-readable data and a data carrier with biometric data ("passport").
(2) The applicant for the issue of the first identity card, who has acquired the citizenship of the Czech Republic by a declaration or grant before submitting an application for a card, is obliged to submit a birth certificate and proof of citizenship of the Czech Republic when the application is made.
(3) The applicant for the issue of the first identity card, who has no permanent residence in the Czech Republic at the date of the application for the issue of the card, is obliged to submit the application
(a) birth certificate and proof of citizenship of the Czech Republic; or
(b) passport.
(4) An applicant for the issue of a first identity card, which is restricted in his or her jurisdiction but is eligible for an application for an identity card, is also required to submit a decision on the limitation of his or her nationality when the application is made.
(5
(a) the applicant's birth certificate and, if reasonable doubts arise as to the nationality of the Czech Republic of the applicant, evidence of the applicant's nationality or passport;
(b) a decision to restrict the applicant's incapacity if the applicant's incapacity is limited in such a way that he is not eligible for the application;
(c) his own identity card or travel document, including a travel document issued by a foreign authority; and
(d) a public instrument establishing or certifying its authorisation to submit an application for an applicant.
(1) The applicant for the issue of a new identity card is required to present the current identity card when the application for the issue of the identity card is made.
(2) An applicant for the issue of a new identity card who is unable to present the present identity card when submitting an application for an identity card is obliged to submit an application
(a) the birth certificate and, if reasonable doubts arise concerning its citizenship of the Czech Republic, also the proof of citizenship of the Czech Republic; or
(b) identity card; the identity card means a document which is a public document and in which the information on the applicant, including the form and citizenship of the Czech Republic, is provided to identify the applicant.
(3) An applicant for a new identity card who, on the date on which an application for a card is not permanently resident in the Czech Republic, is obliged to submit an application
(a) birth certificate and proof of citizenship of the Czech Republic; or
(b) identity card.
(4) An applicant for the issue of a new identity card who is unable to submit the documents referred to in paragraph 1, 2 or 3 at the time of the application for the issue of the identity card shall be obliged to prove his identity in another credible manner.
(5) An applicant for the issue of a new identity card, which is restricted in its own right but is eligible for an application for an identity card, is also obliged to submit a decision to restrict its identity when submitting an application.
(6) A person submitting an application for an identity card for an applicant pursuant to paragraph 1, 2 or 3 shall, when submitting an application, submit:
(a) the applicant's current identity card, or, if it is not possible to present the applicant's current identity card, the applicant's birth certificate, and where reasonable doubts arise as to the applicant's nationality, evidence of the applicant's nationality or the applicant's passport,
(b) a decision to restrict the applicant's incapacity if the applicant's incapacity is limited in such a way that he is not eligible for the application;
(c) his own identity card or travel document, including a travel document issued by a foreign authority; and
(d) a public instrument establishing or certifying its authorisation to submit an application for an applicant.
The applicant for the issue of a identity card who has completed his stay abroad before the application for the issue of the identity card is obliged to submit the application
(a) a birth certificate and proof of citizenship; or
(b) passport.
The applicant for the issue of a identity card with a temporary identity card shall submit a temporary identity card and birth certificate when the application for the issue of a identity card is made. An applicant for the issue of an identity card who cannot submit a temporary identity card when submitting an application for an identity card shall submit only the birth certificate.
(1) Where an applicant for a card requests that he or she be handed over to him by an administrative authority other than the administrative authority responsible for issuing the card, he or she must indicate in the application for a card by the administrative authority responsible for transmitting the card. The first sentence shall not apply where the applicant requests that his identity card be issued within 24 hours.
(2) Where an applicant for a card who submits an application for an identity card to an authorised representative office requests that the identity card be handed over to him by an authorised office which is the administrative authority responsible for issuing the card, he shall indicate in the application the latter.
(3) If the applicant for the issue of a identity card requests to state his / her family status or registered partnership, he / she must state that fact in the application for the issue of a identity card.
(4) If the applicant requests the issue of a identity card to be issued to him under an accelerated procedure, he shall state this fact in the application for the issue of a identity card.
(5) If the applicant requests the issue of a identity card to be informed of the possibility of taking over the identity card with the administrative authority responsible for the transmission of the identity card, he shall be obliged to state this fact, the form of notification and contact details in the application for the issue of the identity card, if the method of notification so requires and if the administrative authority responsible for issuing the identity card is not known or not available to him. Information on the possibility of taking over the identity card may not be requested if the applicant requests the taking over of the identity card at the representative office.
(1) The facility will compare the data provided by the applicant for the issue of the identity card with those kept in the public administration information systems when the application for a card is made.
(2) If the filing office finds a discrepancy between the information contained in the application and the information contained in the public administration information systems, it shall invite the applicant for the issue of the identity card to submit documents certifying the facts needed to remove those discrepancies and shall not allow the application to be submitted until they are submitted. The site shall issue a certificate of this fact to the applicant on his request; inform the applicant of the possibility of requesting such confirmation.
The applicant for the issue of the identity card shall be required to sign in person on application for the issue of the identity card in front of the official person of the filing office with a digitised signature for the purpose of indicating his signature on the identity card. A digitised signature shall mean the written expression of its own name, names, and surnames, if any, on the signature device by hand. The digital signature of the applicant shall not be required if it is prevented from performing it by a difficult obstacle; the submission point shall indicate this in the application.
(1) The facility will provide biometric data of the applicant for the issue of a identity card. The position of the image of the applicant's face shall be digitised for the purpose of its management in the civil card registration information system (hereinafter referred to as the "Civil ID registration ') and the form of the applicant's identity card.
(2) In the case of applicants for a card under 12 years of age, only facial images shall be taken. The location shall indicate this in the application for a card. The first and second sentences shall apply mutatis mutandis to the applicant for the issue of a identity card where it is physically impossible to obtain fingerprints.
The facility shall submit to the applicant for the issue of the identity card an application for the issue of the identity card for inspection. The applicant shall check the application and sign it with a digitised signature. The digital signature of the applicant shall not be required if it is prevented from performing it by a difficult obstacle; the submission point shall indicate this in the application.
An application for an identity card may not be withdrawn.
Processing of an application for an identity card
Administrative authority responsible for issuing the identity card
(1) Where an application for the issue of a card has been submitted to an authorised office, the administrative authority responsible for issuing the card shall be the latter.
(2) Where an application for the issue of a card has been submitted to an authorised representative, the administrative authority responsible for issuing the card shall:
(a) an authorised office in whose administrative district the applicant for the issue of a card has a permanent residence;
(b) an authorised office in whose administrative district the applicant for the issue of a card last had a permanent residence, unless the applicant has a permanent residence; or
(c) The Municipality of Brno, if the applicant for the issue of the identity card had never been resident or could not have been established.
(3) If an application for a document has been submitted to the Ministry and the Ministry responsible for receiving the application is the Ministry responsible for issuing the identity card.
(4) For electronic identification purposes, the Ministry shall be deemed to be the administrative authority responsible for issuing the identity card, in accordance with the directly applicable European Union regulation governing electronic identification and trust services for electronic transactions in the internal market.
Time limits for issuing the identity card
(1) The identity card shall be issued within 30 days of the date on which the application for the issue of the identity card was submitted, if the application has been made.
(a) the application shall indicate the competent authority responsible for the transfer of the identity card to the office by delegation; or
(b) the authorised representative office and, as the administrative authority responsible for the transmission of the identity card, the application shall indicate the competent authority responsible for issuing the identity card.
(2) The identity card shall be issued within 24 hours or 5 working days of the date of the application for the issue of the identity card if the applicant so requests. In the case of the issue of an identity card within 24 hours, this period shall not run on working days.
(3
(a) the authorised office and, as the administrative authority responsible for the transfer of the identity card, the application shall indicate the authorised representative office; or
(b) the authorised representative office and, as the administrative authority responsible for the transmission of the identity card, the application shall indicate the same authorised representative office.
Production and inspection of the identity card prior to surrender
(1) The Ministry shall ensure the production of the identity card and its transmission to the administrative authority responsible for the transmission of the identity card or, if the identity card is to be taken over by the authorised representative office, to the administrative authority responsible for issuing the identity card.
(2) The administrative authority responsible for the transmission of the identity card or, if the identity card is to be taken over by the authorised representative office, the administrative authority responsible for issuing the identity card shall check that the identity card is fit for surrender and verify the functionality of the data medium containing biometric data.
(3) If the administrative authority responsible for issuing the identity card does not detect the incompetence of the identity card for the transmission or the inoperability of the data medium containing biometric data, it shall arrange for the transfer of the identity card through the head office of the Ministry of Foreign Affairs to the representative office with which the identity card is to be taken over.
(4) If the administrative authority responsible for the transfer of the identity card or, if the identity card is to be taken over at the authorised representative's office, the administrative authority responsible for issuing the identity card finds that the identity card is unfit for transmission or that the data medium in which the biometric data are provided is inoperative, the Ministry shall inform the Ministry thereof and shall ensure, with the exception of the identity card issued in the accelerated mode, the production of a new identity card. The Ministry shall forward the new identity card to the administrative authority responsible for the transfer of the identity card or, if the identity card is to be taken over by the authorised representative office, to the administrative authority responsible for the issue of the identity card.
Taking over the ID card
Notification of the possibility of taking over the identity card
(1) The Ministry shall inform the applicant for the issue of the identity card who so requested in the application for the issue of the identity card that the identity card is ready to be taken over.
(2) The Ministry shall inform the applicant of the issue of the identity card in the manner indicated in the application for the issue of the identity card.
Administrative authority competent to transmit the identity card
(1) The administrative authority responsible for the transmission of the identity card issued within 30 days, if the application for the issue of the identity card has been submitted to the competent authority, shall be the office responsible.
(2) The administrative authority responsible for the transmission of the identity card issued within a period of 30 days, if the application for the issue of the identity card has been submitted to the authorised representative office, is:
(a) an authorised office in whose administrative district the applicant for the issue of a card has a permanent residence;
(b) an authorised office in whose administrative district the applicant for the issue of a card last had a permanent residence, unless the applicant has a permanent residence; or
(c) The Municipality of Brno, if the applicant for the issue of the identity card had never been resident or could not have been established.
(3) The administrative authority responsible for the transmission of the identity card issued within 120 days shall be the representative office to which the application for the identity card has been submitted.
(4) The administrative authority responsible for the transmission of the identity card issued within 120 days, if the application for the issue of the identity card has been submitted to the competent authority, shall be the representative office responsible.
(5) The competent authority responsible for the transmission of the identity card issued within 5 working days shall be responsible for the office to which the application for the identity card has been submitted or the Ministry.
(6) The administrative authority responsible for the transfer of the identity card issued within 24 hours shall be the Ministry.
Means of receipt of the identity card
(1) The applicant for the issue of a card must take over the identity card at the place of work of the administrative authority responsible for the transmission of the card.
(2) If, for reasons of personal freedom, long-term health reasons or for other serious reasons, an applicant for an identity card cannot attend the place of work of the administrative authority responsible for the transfer of the identity card, the administrative authority in whose administrative district the applicant is present shall allow the applicant, on the basis of his requirement to take his identity card and outside his place of work. In the case of a card to be issued under an accelerated procedure, its transmission shall be carried out outside the office of the administrative authority responsible for the transfer of the card within 30 days of the date of the application for the issue of the card. The first sentence shall not apply in the event of the receipt of a citizen's card by the authorised representative's office.
(3) If, on the grounds referred to in paragraph 2, an applicant for the issue of an identity card cannot appear at the place of work of the administrative authority responsible for the transfer of the identity card, his agent may take over the identity card. If the applicant empowers another person to take over the identity card, the agent shall, upon receipt of the identity card, submit a special authorisation with the official signature of the applicant.
Recruitment procedure
Contents
ČÁST PRVNÍ
§ 1
ČÁST DRUHÁ
HLAVA I
§ 2
§ 3
§ 4
HLAVA II
§ 5
§ 6
§ 7
HLAVA III
Díl 1
§ 8
§ 9
§ 10
§ 11
§ 12
§ 13
§ 14
§ 15
§ 16
§ 17
§ 18
§ 19
§ 20
§ 21
Díl 2
§ 22
§ 23
§ 24
Díl 3
§ 25
§ 26
§ 27
§ 28
§ 29
§ 30
§ 31
§ 32
HLAVA IV
§ 33
§ 34
§ 35
§ 36
HLAVA V
§ 37
§ 38
§ 39
§ 40
§ 41
ČÁST TŘETÍ
§ 42
§ 43
§ 44
§ 45
§ 47
§ 48
§ 49
§ 50
§ 51
§ 53
ČÁST ČTVRTÁ
HLAVA I
§ 54
§ 55
§ 56
§ 57
§ 58
HLAVA II
§ 59
§ 60
§ 61
§ 62
§ 63
§ 64
ČÁST PÁTÁ
§ 65
§ 66
ČÁST ŠESTÁ
§ 67
§ 68
§ 69
§ 70
§ 71
§ 72
§ 73
ČÁST SEDMÁ
§ 74
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Regulation Information
| Citation | Act No. 269 / 2021 Coll., on Civil ID |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 19.07.2021 |
|---|---|
| Effective from | 02.08.2021 |
| Effective until | - |
| Status | Valid |
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