Full text of Act No. 302 / 2004 Coll.
Full text of Act No. 133 / 2000 Coll., on the registration of residents and birth numbers and on the amendment of certain laws (Act on the registration of residents), as is apparent from subsequent amendments
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14.05.2004
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302
PRESIDENT OF THE GOVERNMENT
Announces
full text of Act No. 133 / 2000 Coll., on the registration of residents and birth numbers and on the amendment of certain laws (the Act on the registration of residents), as follows from the amendments made by Act No. 2 / 2002 Coll., Act No. 320 / 2002 Coll. and Act No. 53 / 2004 Coll.
THE LAW
on the registration of residents and birth numbers
Parliament has decided on this law of the Czech Republic:
EVIDENCE OF OBLIGATIONS AND FAMILY NUMBER
EVIDENCE OF THE SURVIVOR
(1) The population register shall contain data on:
(a) national citizens of the Czech Republic (1) (hereinafter referred to as "the citizen"),
(b) foreigners with a residence permit or a temporary residence permit or a permanent residence permit in the Czech Republic and foreigners residing on the territory of the Czech Republic on the basis of a long-stay visa issued (hereinafter referred to as "foreigners with a residence permit in the Czech Republic"), under special legislation, 2)
(c) foreigners granted asylum on the territory of the Czech republity.3)
(2) For the purposes of this Act, the resident shall mean the person referred to in paragraph 1.
Performance of state administration
State administration pursuant to this Act
(a) Ministry of Interior ("Ministry"),
(b) regional authorities,
(c) municipal authorities of the municipalities with extended scope, in the capital city of Prague the urban areas designated by the Statute of the capital city of Prague and in the cities of Brno, Ostrava and Pilsen the municipalities of these cities (hereinafter the "municipal authority of the municipality with extended scope"),
(d) municipal authorities, in the capital of Prague and in the cities of Brno, Ostrava and Plzeň, in so far as they are provided for in the statutes of these cities, and in the territory of the military escapades, the local authorities, 4) (hereinafter referred to as the "reporting office").
Information system for population registration
(1) The population register is kept in the population registration information system (hereinafter referred to as the "information system"), the administrator of which is the Ministry. This information system is a public administration information system under a special law. (a)
(2) For the purposes of this Act, in relation to the territory of the Czech Republic:
(a) the place of birth of the village or military retreat, in the capital of Prague district Prague 1 to 10.5b) in whose territory the inhabitants were born or who were entered as such in the book of birth, 5c)
b) the place of marriage of the municipality or military retreat, in the capital city of Prague district Prague 1 to 10,5b) on whose territory the marriage of the inhabitants took place;
(c) the place of death of the municipality or military escape, in the capital of Prague district Prague 1 to 10.5b) on whose territory the population died.
(3) The following information on citizens shall be kept in the information system:
(a) the name and / or the names, surnames and surnames,
(b) the date of birth;
(c) sex;
(d) the place and district of birth and the place and state where the citizen was born,
(e) birth number,
(f) citizenship and, where appropriate, multiple citizenship,
(g) the address of the place of permanent residence (§ 10 (1)), including previous addresses of the place of permanent residence;
h) the beginning of the permanent residence or, where applicable, the date of cancellation of the permanent residence or the date of termination of the permanent residence in the Czech Republic;
(i) depriving or restricting legal capacity;
(j) residence permit, (5d) place of residence and duration;
(k) the birth number of the father, mother or other legal representative, as appropriate; where one parent or other legal representative is not assigned a birth number, the name and, where applicable, the names, surnames and date of birth shall be kept;
(l) family status, date and place of marriage,
(m) the spouse's birth number; if the spouse is a natural person who is not assigned a birth number, the name and, where applicable, the name, surname of the spouse and the date of birth shall be kept;
(n) the birth number of the child; if the child is a stranger who is not assigned a birth number, the name and, where applicable, the name, surname of the child and the date of birth shall be kept;
(o) data on an adopted child, as provided for in Section 7 (c);
(p) data provision record (§ 8 (6)),
(q) date, place and district of death; If a citizen is killed outside the Czech Republic, the date of death and the State in whose territory the death occurred shall be maintained;
(r) the date indicated in the court's decision on the death declaration as the date of death.
(4) In the information system, the following information shall be kept on foreigners with a residence permit in the Czech Republic under the special legislation (2) and on foreigners granted asylum in the Czech Republic (3):
(a) the name and / or the names, surnames and surnames,
(b) the date of birth;
(c) sex;
(d) the place and state where the alien was born,
(e) birth number,
(f) citizenship and, where appropriate, multiple citizenship,
(g) the type and address of the place of stay;
(h) the number and validity of the residence permit;
(i) the beginning of the stay or, where applicable, the date of cancellation of the residence details;
(j) depriving or restricting legal capacity;
k) administrative expulsion and the period during which entry into the Czech Republic is not allowed,
(l) family status, date and place of marriage,
(m) the name and, where appropriate, the name, surname and birth number of the spouse; if the spouse is a stranger who is not assigned a birth number, the name and, where applicable, the name, surname and date of birth shall be kept;
(n) the name and, where applicable, the name of the child, if he is a resident, and his / her birth number; where the child has not been assigned a birth number, the name and, where appropriate, the name, surname and date of birth shall be kept;
(o) the name and, where applicable, the names of the father, mother or other legal representative, if any, and their birth number; where one parent or other legal representative is not assigned a birth number, the name and, where applicable, the names, surnames and date of birth shall be kept;
(p) if the child is a resident, the data referred to in Section 7 (c);
q) expulsion 5e) and the period during which entry into the Czech Republic is not allowed,
(r) data provision record (§ 8 (6)),
(s) the date, place and district of death; If there is a death outside the territory of the Czech Republic, the State on whose territory the death occurred or the date of death,
(t) the date indicated in the court's decision on the death declaration as the date of death.
(5) The Ministry in the information system shall process (5f) the data needed to carry out the tasks provided for in the specific legislation6) within the scope of the data referred to in paragraphs 3 and 4.
(6) The information system shall process and modify all data contained in it.
(1) The Regional Office is a processor (5) of the data kept in the information system for the Ministry, to the extent that § 7 (a) applies. The Regional Office is a user of information system data on residents who have applied for permanent residence or are allowed to reside in the administrative district of the relevant regional office. The Regional Authority shall be the user of data on these inhabitants within the scope of the data referred to in Section 3, except for the data referred to in Sections 3 (3) (o) and 3 (4) (p); Such data may be used by the Regional Authority only if they are necessary for the exercise of its competence.
(2) The competence of the Regional Office referred to in paragraph 1 shall be exercised in the capital city of Prague by the municipal authorities designated by the Statute of the Capital City of Prague.
The municipal authority of the municipality with extended competence is the processors (5) of the data kept in the information system for the Ministry, within the scope of § 7 (b). The municipal authority of the municipality with extended competence is a user of information system data on residents who have applied for permanent residence or have been authorised under special legislation2), 3) a stay in the administrative district of the competent municipal authority of the municipality with extended competence. The municipal authority of the municipality with extended scope shall be the user of data on these inhabitants within the scope of the data referred to in Section 3, with the exception of those referred to in Sections 3 (3) (o) and 3 (4) (p); This information may be used by the municipality with extended scope only if it is necessary for the exercise of its competence.
The Office is a processor (5) of the data kept in the information system for the Ministry, to the extent that the data transmitted pursuant to paragraphs 6 and 7 are available. The municipality and the municipal authority shall be users of information system data on residents who have applied for permanent residence or have been authorised under special legislation2), 3) in the administrative district of the competent municipal authority, to the extent that the information referred to in § 3 is provided, with the exception of those referred to in § 3 (3) (o) and § 3 (4) (p); This information may be used by the municipality and the municipal authority only if it is necessary for the exercise of its competence.
Information system resources
The municipal authority of the municipality with extended competence in whose administrative district it operates shall transmit the data without undue delay.
(a) the reporting office, details of the change, cancellation or termination of the permanent residence of the citizen;
(b) the local authority of the resident's place of permanent residence, the details of the places of the population's prohibition and the duration of the stay resulting from the court's decision;
(c) the municipal authority, namely information on changes in street names and descriptive numbers, or indicative numbers, houses or registration numbers of buildings intended for individual recreation.
The local authority of the municipality with extended competence, in whose administrative district the residents have applied for permanent residence, or have been authorised under special legislation2), 3), shall:
(a) the municipal office responsible for the management of the matrix, in the capital city of Prague, the office of the municipal district designated by the Statute of the capital city of Prague, the municipal district office or the office of the town district designated by the statute and for the territory of the military departments of the Úzdědní Ústí Office (hereinafter referred to as the "matrix office") without undue delay the data from the matrix books it keeps (hereinafter referred to as the "matrix"), 7) to the extent that:
1. name (s), names (s), surname (s), surname (s),
2nd birth number,
3. date and place of birth,
4. the date and place of conclusion of the marriage, the name and, where applicable, the surname of the spouse and his birth number, or, if not assigned to him, the date of birth, the date and place of divorce, the date of the marriage annulment,
5. change of name, names, surnames,
6. gender change,
7. the birth number of the father and mother, if not assigned to them, the name and, where applicable, the name, surname and date of birth,
8. citizenship of the father and mother of the child born on the territory of the Czech Republic to residents pursuant to § 1 (1) (b) or (c),
9. Date and place of death;
(b) the Court of First Instance, namely the final decision on the waiver or limitation of legal capacity, on the declaration of death without justification for those decisions.
It shall transmit to the Ministry, without undue delay, data:
(a) the Regional Office, in the capital of Prague, the City Office designated by the Statute of the City of Prague, details of the acquisition or disposal of citizenship of the population in whose administrative district they have or have had their last residence;
(b) the municipal authority of the municipality with extended scope within the scope of the information transmitted to it pursuant to Sections 6 and 6a;
(c) the matrix office in the event of the adoption of a child or the withdrawal of the adoption of a child's data from the matrix in the range
1st stage of adoption,
2. the original and the new name, if any, the child's surname,
3. the original and new birth number of the child,
4. date and place of birth,
5. birth numbers of the adopters,
6. the date on which the decision to adopt or revoke the adoption of the child becomes final;
(d) the municipal authority details of changes to the name of the municipality, the municipality of the territorial subdivided city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the change of name of the city of the city of the city of the city of the city;
(e) Department of Police of the Czech Republic ("police") on the basis of a residence permit issued by him to a foreigner and a residence permit issued to an asylum seeker on the territory of the Czech Republic, 2), 3) to the extent
1. name (s) or surname (s), surname (s) or change thereof, surname (s),
2. date of birth,
3. sex and its change,
4. the place of birth and the State in whose territory the alien or asylum worker was born;
5th birth number,
6. citizenship,
7. Nature and address of residence,
8. Number and validity of residence permit,
9. the beginning of the stay and, where applicable, the date of cancellation of the residence details;
10. administrative expulsion and the period during which entry into the Czech Republic is not allowed,
11. family status, date and place of his change, the name and, where applicable, the name and surname of the husband and his birth number; where the birth number has not been assigned, the date of birth;
12. the name and, where applicable, the name of the child, if he is a resident under § 1 (1) (b) or (c), and his / her birth number; where the birth number has not been assigned, the date of birth;
13. the name and, where applicable, the surname of the father, mother or other legal representative, if they are residents under § 1 (1) (b) or (c), and their birth number; where one of the parents or other legal representative does not have a birth number, the name and, where applicable, the names, surnames and date of birth shall be kept;
14. expulsion 5e) and the period during which entry into the Czech Republic is not allowed,
15. Date, place and district of death; If there is a death outside the Czech Republic, only the State in whose territory the death occurred,
Day 16, which was listed in the court's decision on the death certificate as the day of death.
Provision of personal data from the information system
(1) The Ministry, regional authorities and municipal authorities with extended scope provide data from the information system to the extent strictly necessary and subject to the conditions laid down by this Act or by specific legislation. Data from the information system may also be provided in a way that allows remote access where specific legislation so provides.
(2) Entities receiving personal data from the information system under specific legislation,
(a) are not authorised to collect, transmit and exploit them outside the scope laid down in this Regulation;
(b) they must ensure data protection against accidental or unauthorised access or processing.
(3) Residents over 15 years of age, upon written request, shall be provided by the Ministry, the Regional Office, the Regional Office of the Municipality with extended competence or by the reporting office of the territorial district of the place of permanent residence in writing to the person in the information system, with the exception of those referred to in § 3 (3) (o) and § 3 (4) (p), which shall be provided only to a resident over 18 years of age. The population's request shall indicate:
(a) the name and / or the names, surnames and surnames,
(b) birth number,
(c) the number of the identity card, travel document, residence permit for foreigners or a residence permit for an asylum seeker;
(d) the address of the place of residence of the citizen or the place of residence of the citizen referred to in Article 1 (1) (b) and (c).
The application shall be accompanied by an officially certified signature (9). The obligation of official verification of signature shall not apply if the citizen submits the document referred to in point (c) and signs the application before the authority responsible for providing the data.
(4) For a citizen under 15 years of age and a citizen deprived of legal capacity or of a citizen whose legal capacity has been restricted by decision of the court in such a way that he is not eligible to act under paragraph 3, he shall request the provision of the data referred to in paragraph 3 by his legal representative.
(5) Personal data from the information system is provided by the Ministry at the request of a person from abroad or by the representative office of a foreign state, only if the international treaty, which the Czech Republic is bound by so provides.
(6) The provision of the data referred to in paragraphs 1, 3, 4 and 5 shall be recorded in the information system on the date and time of the issue and to whom the data have been provided in accordance with paragraph 1.
Monitoring of data in the information system and synergies between ministries, other administrative offices and courts
(1) The Ministry is responsible for the accuracy of data in the information system in such a way that data correspond to the current state. Other ministries, other administrative offices, courts, legal persons and residents are required to provide the Ministry with the necessary synergies to perform this task by transmitting updated data maintained in the information system and by providing data requested by the Ministry.
(2) The Ministry, regional authorities and municipal authorities of the municipalities with extended competence, in the capital city of Prague, the municipal authorities designated by the City Department of the City of Prague, in the event of reasonable doubts as to the accuracy and completeness of the data in the information system, will ask the relevant source of the information system referred to in Sections 6, 6a and 7 to invite citizens to verify the data in the information system and, where appropriate, to submit documents to establish the actual accuracy and completeness of the data. If they find a discrepancy in the data in the information system, they shall ensure that they are blocked against possible further processing and verify their correctness through the Ministry; The Ministry shall then decide to remove incorrect data or data outside the conditions laid down by the Special Act. The resident shall, at the request of the first sentence, submit to the competent administrative authority the necessary documents to verify the accuracy and completeness of the data entered. The Administrative Office shall provide the population with the necessary assistance to meet the call. If this procedure does not lead to a verification of the correctness and completeness of the registered data, the population shall be obliged to appear to that end at the request of the administration.
(3) Where a citizen requests that the administrative authorities referred to in paragraph 2, first sentence, correct or supplement personal data processed in the information system to his or her person in such a way that they are accurate and appropriate to the current situation, he or she shall also have the right to require that personal data be blocked or disposed of to his or her person who is not in the current state or is not accurate.
Storage and archiving
(1) After the death of the person or the declaration of death, data held on computer equipment shall be kept for 50 years.
(2) The archiving of documentation related to the management of the information system shall be carried out in accordance with specific legislation. 10)
_
(1) The place of permanent residence is the address of the citizen in the Czech Republic, which is usually chosen by the citizen in a place where he has a family, parents, apartment or job. A citizen may have only one permanent residence in an object which is marked by a descriptive or registered or, where appropriate, an orientation number and which is designated for housing, accommodation or individual recreation under the special legislature12.
(2) The registration of a citizen for permanent residence shall not give rise to any rights to the property referred to in paragraph 1 or to the owner of the property.
(3) The place of residence of the citizen at the time of birth shall be that of his mother.
(4) Where the place of residence of a citizen referred to in paragraph 3 cannot be ascertained, the place of residence of that citizen shall be the place of residence of the reporting office in whose territory the citizen was born, or the place of residence of the special matrix (12a) where he was born abroad.
(5) The change of permanent residence will be reported by the citizen to the reporting office at the new permanent residence. If the place of permanent residence is officially cancelled (§ 12), the place of permanent residence shall be the registered office of the reporting office in whose territory the permanent residence has been officially abolished.
(6) When reporting a change in the place of residence referred to in paragraph 5, a citizen shall:
(a) to complete and sign a permanent residence registration (hereinafter referred to as the "registration form"), which shall contain details of:
1. the name, names, surname and birth number, previous and new address of the citizen's permanent residence;
2. owner of an object which means the name, surname and address of the place of permanent residence with a natural person or the name and registered office with a legal person;
(b) to present an identity card with which its marked parts 13 are not separated) as a result of a change in the place of permanent residence; After leaving abroad, the citizen submits a passport, after acquiring citizenship of the Czech Republic he provides proof of citizenship;
(c) to prove the ownership of the apartment or house, or to prove the validity of the use of the apartment, or to provide an officially certified written confirmation of the consent of the authorised person to notify a change of residence. Such confirmation shall not be required if the beneficiary confirms his consent on the application form for permanent residence before the staff member of the reporting office. A person older than 18 years of age who is eligible for legal action who is entitled to use an object referred to in paragraph 1 or a defined part thereof (e.g. an apartment or a living room) or is an operator of an accommodation facility where a citizen applies for permanent residence.
A citizen will pay a fee under a special law for applying for a change in his place of residence. 14) Payment of fees according to the previous sentence is the income of the municipality.
(7) When the place of permanent residence is changed, the reporting office shall separate the marked part 13) of the identity card. At the same time, he shall issue a certificate to the citizen of the change of permanent residence. The Office shall report immediately the number of the certificate of change of residence to the municipal office of the municipality with extended scope issued by the identity card. The Office shall notify the owner of the object of the change in the number of persons applied for permanent residence with the beneficiary referred to in paragraph 6 (c) within 15 days of registration of the change; the registered office shall indicate the name and, where appropriate, the name, surname and date of birth of the authorised person.
(8) At the request of the owner of the object or of the designated part of the object, the Office shall communicate the name and, where applicable, the name, surname and date of birth of the citizen to whom the permanent residence declaration relates, corresponding to the address of the building or its designated part.
(9) If deficiencies in the documents submitted or discrepancies with data in the information system are found when reporting the place of permanent residence, the reporting office shall invite the citizen to remove them. The invitation shall set a time limit for their removal, but not less than 15 days. If the citizen does not remove the deficiencies within the prescribed period, the reporting authority shall decide that the change of residence will not be registered.
(10) As a citizen under 15 years of age, his legal representative or foster father will announce the change of permanent residence. For a citizen deprived of legal capacity or for a citizen whose legal capacity has been limited by the decision of the court in such a way that he is not eligible to act in accordance with paragraphs 5 and 6, he shall declare the change of residence of his legal representative.
(11) An authorised agent may declare a change of permanent residence as a citizen on the basis of a certified mandate. 9)
(12) If a citizen decides to terminate his permanent residence in the Czech Republic, he will communicate this fact to the reporting office according to his permanent residence.
If a citizen cannot present the documents referred to in § 10 (6) (c) after his / her stay abroad or after the acquisition of citizenship of the Czech Republic, the place of his / her permanent residence shall be the registered office of the reporting office in whose territory the citizen in the Czech Republic had his / her last place of residence or his / her registered place of residence under special legislation.2), 3) If a citizen does not have residence in the Czech Republic or cannot be detected, the place of residence of the citizen is the place of residence of the reporting office in whose territory he was born, or the seat of the special matrix 12a) if he was born abroad.
Reporting of residents under § 1 (1) (b) and (c) is regulated by special legislation.2), 3)
Cancellation of permanent residence
(1) The Office shall decide to cancel the place of permanent residence,
(a) if the registration has been made on the basis of amended, invalid or falsified documents or false or incorrect information;
(b) if the object at whose address the citizen is registered for permanent residence has been removed or destroyed or is unfit for use for housing purposes under special legislation; or
(c) if the citizen's right of use for an object or a defined part of an object, the address of which is indicated in the population register as the permanent residence of the citizen and if the citizen does not use that object or its defined part.
(2) The Office shall decide to revoke the residence details referred to in paragraph 1 (c) only on the application of the owner of the object or of its designated part or of the authorised person referred to in Article 10 (6) (c). In such a case, the appellant shall be required to have the reasons referred to in paragraph 1 (a). (c) to report.
(3) The cancellation of the place of residence shall be indicated in the information system.
FAMILY NUMBER
(1) In the information system, the birth number shall be the identifier of the natural person who fulfils the conditions for his assignment under this Act (hereinafter referred to as "the natural person ').
(2) The birth number is determined by the Ministry.
(3) The birth number is a ten-digit number, which is divisible by 11 completely. The first double digit expresses the last two digits of the year of birth, the second double digit expresses the month of birth, for women plus 50, the third double digit expresses the day of birth. A four-digit ending is a distinguishing feature of the population born on the same calendar day.
(4) The birth numbers allocated to natural persons born before 1 January 1954 shall have the same structure as the birth numbers referred to in paragraph 3, but shall be nine-digit with a three-digit end-point and shall not fulfil the condition of dividing by 11.
(5) Where the delivery points of the birth numbers (hereinafter referred to as the "delivery point ') for the calendar day in question are exhausted in the relevant calendar year, the Ministry shall determine for that day a new, additional set of birth numbers, for which the birth number shall be a 10-digit number, which shall be divisible by 11 in full. The first double digit expresses the last two digits of the year of birth, the second double digit expresses the month of birth, for men increased by 20, for women increased by 70, the third double digit expresses the day of birth. A four-digit ending is a distinguishing feature of the population born on the same calendar day.
(6) The same birth number shall not be assigned to more than one natural person.
(7) The birth number shall be entitled to use or decide on its use within the limits laid down by the law (hereinafter referred to as "dealing with the birth number ') exclusively by the natural person who was assigned the birth number (hereinafter referred to as" the bearer of the birth number') or by his legal representative; otherwise the birth number may only be used in the cases provided for in Section 13c of this Act.
Interpretation of terms
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Regulation Information
| Citation | Full text of Act No. 302 / 2004 Coll., Act No. 133 / 2000 Coll., on the registration of residents and birth numbers and on the amendment of certain laws (the Act on the registration of residents), as resulting from subsequent amendments |
|---|---|
| Regulation Type | Declared full text |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 14.05.2004 |
|---|---|
| Effective from | - |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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