Government Regulation No. 31 / 2016 Coll.
Government Regulation on the Demonstration of Knowledge of the Czech Language for the purposes of obtaining a permanent residence permit
Valid
Effective from 29.01.2016
31
GOVERNMENT REGULATION
of 18 January 2016
on proving knowledge of the Czech language for the purpose of obtaining a permanent residence permit
The Government orders pursuant to § 182a paragraph 1 of Act No. 326 / 1999 Coll., on the residence of foreigners in the Czech Republic and on the amendment of certain laws, as amended by Act No. 217 / 2002 Coll., Act No. 379 / 2007 Coll. and Act No. 314 / 2015 Coll.:
Subject matter
This Regulation provides for a permanent residence permit in the Czech Republic
(a) the extent of knowledge of the Czech language (hereinafter referred to as the "language") for the purpose of the language examination;
(b) closer rules on the organisation of the examination of the language, including the determination of the award of the examination by the Ministry of Education, Youth and Sports (hereinafter referred to as "the Ministry"), the organisation rules and the publication of information on the organisation of the examination;
(c) a model of the proof of completion of the examination of the language (the document);
(d) the structure and timing of the presentation of an overview of the numbers tested;
(e) language examinations equivalent for the purpose of obtaining a permanent residence permit; and
(f) the highest possible remuneration, the maturity of the remuneration and the conditions under which the payment for the examination of the language is not paid.
Test institutions
The trial institution is a legal person entitled to perform a language examination under the Act on the residence of foreigners in the Czech Republic and on the amendment of certain laws.
Scope of language knowledge
(1) For the purpose of obtaining a permanent residence permit in the Czech Republic, knowledge of the language is required at least at A2 level according to the Common European Framework of Reference for Languages.
(2) The scope of the language knowledge referred to in paragraph 1 includes:
(a) understanding the main idea of simple and transparent texts in both written and oral form concerning everyday life;
(b) conducting interviews on generally known facts and everyday situations,
(c) laying down and answering simple questions concerning everyday life;
(d) the creation of short sentences relating to everyday life; and
e) writing simple texts concerning everyday life.
Organisational security of language examination
Ministry
(a) publish, in a manner which allows remote access, at least 30 days before the date of the examination from the language, information on the test, including the dates of the examination and its organisation;
(b) maintain and publish a list of test institutions in a way that allows remote access;
(c) publish, in a way that allows remote access, information on the method of applying for a language examination and certification for tenderers who have successfully passed the examination;
(d) ensure the development of test materials for both the written and oral part of the language examination, including instructions for entering and evaluating both the written and oral parts of the test, and their distribution to test institutions; and
(e) provide training and, at least once a year, methodological meetings to improve the quality of the organisation of the language examination and the assessment of language proficiency in the examination for persons referred to in Article 5 (1) (a) and (b).
The examination institution shall ensure appropriate measures to support the justified specific needs of the tenderers, in particular for health reasons.
(1) The testing institution shall ensure that tests are carried out by persons in the following functions:
(a) the pedagogical guarantor of the examination, which ensures the proper conduct of the examination in the examination institution, decides in the cases in question, oversees the accuracy of the evaluation and is responsible for the conformity of the paper and electronic form of the certificates;
(b) a representative of the pedagogical guarantor of the examination which, in the absence of the pedagogical guarantor of the examination, ensures the activities referred to in (a);
(c) by the procuring entity of the written part of the examination, which shall enter the written part of the test and ensure its proper conduct;
(d) by the assessor of the written part of the test which evaluates all parts of the written part of the test;
(e) by the enquirer of the oral part of the examination, which sets out the questions and tasks of the oral part of the examination; and
(f) the evaluator of the oral part of the test.
(2) At the same time, a person may perform more than one function, except for the simultaneous performance of the function of the author of the oral part of the test and of the evaluator of the oral part of the test.
(3) The person referred to in paragraph 1 may only be the person who:
a) has obtained a professional qualification in an accredited Master's study programme in the field of pedagogical sciences aimed at preparing teachers of the Czech language; or
(b) meets the requirement of professional qualifications as a teacher of a language school with the right of a state language examination under the Education Workers Act.
(4) Furthermore, the person referred to in paragraph 1 (a) and (b) must satisfy the requirement of at least:
(a) five-year teaching experience in teaching Czech or foreign languages; and
(b) annual practice in ensuring the performance of a language test, internationally recognised examination of a Czech or foreign language or state language examination.
(5) Furthermore, the person referred to in paragraph 1 (d), (e) and (f) must satisfy the requirement of at least:
(a) the annual teaching experience in teaching Czech as a foreign language; or
(b) two years' experience in ensuring that a language examination, internationally recognised Czech or foreign language examination or national language examination is carried out.
(6) The examination institution shall ensure the written declaration of persons referred to in paragraph 1 prior to the examination of the language,
(a) that they do not provide any information related to the test; and
(b) whether they have specifically prepared one of the tenderers for the examination or whether their relationship with one of the tenderers could give rise to reasonable doubt as to their unbiased nature.
(7) The examination institution shall provide the Ministry with an overview of the number of candidates tested, broken down by part of the examination and the success of the candidates within 9 days of the date of the examination.
(8) The test institution shall be converted into an electronic form
(a) unevaluated statements of responsibility immediately after completion of the written part of the test;
(b) completed record sheets immediately after completion of the oral part of the test; and
(c) the certificates evaluated immediately after their evaluation.
(9) For as long as the certificates are not evaluated, they shall be kept in paper form in such a way that they cannot be subsequently altered or tampered with.
Payment
(1) The test will take place at a maximum cost of CZK 3,200.
(2) The repayment period referred to in paragraph 1 shall last from the filing date of the application up to 8 days before the date of the examination.
(3) The central administrative office may pay for the first test in the language examination. Where the central administrative office pays the remuneration for the tenderer, the provisions of paragraphs 2 and 6 (4) shall not apply in respect of the non-payment of the fee for the test at maturity.
Application for the test and course of the test from the language
(1) The applicant shall apply for a language examination in person at the examination institution or in writing not later than 14 days before the date of the examination. No later than 8 days before the date of the examination, the candidate shall appear in the examination institution with a valid travel document and the signature shall confirm the accuracy of the mandatory information on the application, unless he has done so at the time of his personal registration.
(2) Compulsory data shall be the name, names and surname, date of birth and citizenship in accordance with the information given in the travel document, travel document number, address of place of residence in the Czech Republic, details of any special needs of the candidate arising from his health or other factors worthy of special consideration and the chosen date of the examination.
(3) On the day of the examination of the applicant's language, the testing institution shall assign an unmistakable centrally generated registration number (hereinafter referred to as the registration number).
(4) A tenderer who fails to comply with the time limits referred to in paragraph 1 shall not submit a valid travel document, shall not sign the correctness of the information on the application, shall not enter in the application the mandatory information referred to in paragraph 2 or shall not pay for the test at maturity, shall be regarded as not having been applied for.
(1) The applicant may, within 15 days of the date of the examination of the language, apologize in person or deliver a written apology to the examination institution for which he has applied for the examination without giving any reason. During the period beginning on the 14th day preceding the day of the test from the language to the day of the test from the language, the applicant may only apologize for medical or other serious reasons in accordance with the first sentence, together with evidence of those reasons.
(2) If, within the period referred to in paragraph 1, the tenderer has not been able to apologize for health or other serious reasons within the period referred to in the first sentence or within the period referred to in paragraph 1, the tenderer may also apologize immediately after the obstacle which prevented the participant from taking part in the test, but no later than 6 months after the date of the examination.
(3) A candidate who has apologized in accordance with the second sentence of paragraph 1 but has not demonstrated medical or other serious reasons shall be regarded as having failed the examination. A candidate who did not show up for the test without a proper apology shall be regarded as having failed the test until he has apologized and provided medical or other serious reasons within the time limit referred to in paragraph 2.
(4) In the cases referred to in paragraphs 1 and 2, the tenderer shall have a replacement period.
(1) The test consists of:
(a) the written part which verifies the knowledge of the language in reading, listening and writing; and
(b) an oral part consisting of answers to questions and the solution of tasks on the basis of visual background.
(2) The candidate shall perform both parts of the test on the same day. The candidate shall take the written part of the examination first.
(3) The test is not public. The examination may be attended by inspectors from the Czech School Inspection Office, staff from the Ministry of Interior or members of the Police of the Czech Republic. Other persons from the professional public may be present only with the approval of the Ministry.
(4) The test run shall be governed by the organisational rules set out in Annex 1 to this Regulation.
(5) A documentation consisting of:
(a) an application by the applicant and, where appropriate, by another certificate on the special needs of the tenderers referred to in Article 4;
(b) a list of tenderers,
(c) the statements of responsibility in which tenderers enter the solution of the written part of the examination;
(d) a record sheet in which the oral part of the examination and the results of the oral part of the examination are briefly recorded;
(e) a test protocol summarising the results of the candidate in each skill;
(f) a protocol to adapt the test conditions for candidates with special needs;
(g) a copy of the certificate; and
(h) proof of receipt of the certificate.
(6) The documentation referred to in paragraph 5 shall be kept by the Examination Institution for a period of 5 years.
(1) The test result shall be assessed by indicating whether the tenderer has succeeded or failed.
(2) To pass the test successfully, at least 60% of the written and oral parts of the test should be successful.
(3) The test result of a candidate identified by a registration number only shall be published by the testing institution in a manner that allows remote access within 9 days of the date of the test.
Candidates who commit dishonesty or serious violations of the organisational rules during the test or who fail to perform the test shall be terminated.
(1) A candidate who has failed shall always perform both parts of the test in the new test.
(2) In a calendar year, the candidate may take the test no more than three times.
Certification
(1) The certificate issued by the testing institution is evidence of successful completion of the test. The model of this certificate is set out in Annex 2 to this Regulation.
(2) The certificate shall be drawn up on a form of 210 x 297 mm, bearing on each side a grey underprint with the motif of a small national character and leaves of lime. The certificate shall bear at least a six-digit unique protection code.
(3) The title of the certificate shall indicate the name, seat of the examination institution and the designation of the relevant test site.
(4) The certificate shall also bear the registration number, the name, surname and function of the person responsible for the examination institution, which shall be responsible for signing the certificate and, where appropriate, its designated representative. The issuing of the certificate shall be endorsed by the signature of that person and the stamp of the Examination Institution.
(5) The examination institution shall record a copy of the certificate for a period of 45 years from the date of the examination.
Equivalent language examinations
(1) For the purpose of obtaining a permanent residence permit, the examination of the language is equivalent to:
a) Czech language graduation examination 1),
b) state language examination from the Czech language carried out at the language school with the right to state language examinations 2),
(c) state final examination, state rigorously examination or state doctoral examination carried out at university in the framework of the study programme carried out in the Czech language (1), (3);
d) Czech language exam as a foreign language for level A2 or higher, certified by the Association of Language Testing Institutions in Europe (ALTE) and carried out by a full member of this association,
e) Czech language examination carried out for the purposes of granting citizenship of the Czech Republic under the legislation governing the demonstration of knowledge of the Czech language and Czech realms for the purposes of granting citizenship of the Czech Republic and
(f) a probation test carried out in accordance with legislation governing the conditions for obtaining and recognising professional competence and specialised competence in the course of the medical profession of a doctor, dental practitioner and pharmacist.
(2) For the purpose of obtaining a permanent residence permit, the test of the language shall be compared to the Czech language test of the similar test referred to in paragraph 1 (b) if it corresponds at least to the scope of § 2, carried out in a Member State of the European Union or the European Economic Area.
Efficacy
This Regulation shall enter into force on the day of its publication.
Prime Minister:
Sobotka v. r.
Minister for Education, Youth and Sports:
Mgr. Valachová, Ph.D., v. r.
Příloha č. 1
Annex No 1 to Government Regulation No 31 / 2016 Coll.
Organisation rules for a language examination for the purpose of obtaining a permanent residence permit
General provisions
The examination of the language shall verify the acquisition of the extent of the knowledge of the language needed to obtain a permanent residence permit in the Czech Republic.
The test institution shall ensure that, in the exercise of its authority, the examination of the language of:
(a) sufficient information to the tenderer on the organisation and conduct of the examination and on its rights and obligations;
(b) the organized, transparent, dignified and fair conduct of the examination; and
(c) respect for the justified specific needs of individual tenderers.
1. The candidate shall be registered on the day of the test using the assigned registration number. The registration shall verify the identity of the tenderer from the travel document submitted. The identity of the candidate shall be verified before both the written and oral parts of the examination. The candidate shall sign the attendance form. A candidate for which there are irregularities in the verification of an identity that cannot be removed on the spot shall be immediately removed from the test date; The test may take place within an alternate period.
2. The applicant shall follow the instructions given during the test, including the instructions for switching off the electronic equipment and putting off the baggage and other objects not needed to carry out the test.
3. The candidate shall refrain from dishonest conduct and interference during the test.
4. If a candidate breaks one of the rules referred to in paragraphs 2 and 3, he shall be excluded from the test and shall be seen as if he had failed the test.
The examination of a language of not more than 72 applicants may take place at the examination institution within one time limit.
Specific provisions for the written part of the test
1. The written part of the test consists of partial tests of
(a) reading with understanding;
(b) writing; and
(c) listening with understanding.
2. One contracting entity shall account for a maximum of 15 tenderers. In one room, a maximum of 18 applicants may take the exam. Each applicant is reserved for a separate bench. The contracting authority shall be present in the room throughout the duration of the written part of the examination.
3. Candidates begin and end work on a given instruction. The time of submission of the award and the certificate of responsibility shall be communicated by the contracting authority by appropriate means.
4. During the written part of the examination, the candidate
(a) shall not leave the test room outside the time of the prescribed break. Abandoning of the test room shall be considered as termination of the test, if not leaving the test room for medical reasons. The applicant shall assess the validity of the health grounds taking into account the written recommendation of the applicant's treating physician,
(b) shall not use or carry any electronic equipment, books or dictionaries;
(c) works separately;
(d) the test solution only writes on the certificate of responsibility, using the written need borrowed from the test institution; and
(e) submit the entry and the certificate in due time.
5. The written part of the test consists of 2 parts separated by break; the first part of 65 minutes shall consist of the partial tests referred to in paragraph 1 (a) and (b); the second part shall constitute the partial test referred to in paragraph 1 (b). (c) 35 to 40 minutes by recording. A written part of the exam is evaluated by the evaluator, the evaluation will be written in the test report, which he will sign along with the pedagogical guarantee of the exam.
Specific provisions for the oral part of the test
1. The oral part of the test consists of:
(a) answers to questions; and
b) solution of the task based on image background.
2. The oral part of the examination shall be held before the examination committee, composed of a queller and 2 evaluators; A pedagogical guarantor examination or a representative of the pedagogical guarantor examination may also be present.
3. One examination committee shall account for a maximum of 18 applicants within one deadline.
4. Candidates shall approach the examination committee in the order drawn by the interviewer before the oral part of the examination; the examination committee may change the order due to the special needs of the tenderer.
5. The variant of the oral part of the test shall be assigned to the tenderer in an automated manner on the day of the test.
6. The oral part of the exam takes no more than 15 minutes, taking place without preparation.
7. The result of the oral part of the test shall be evaluated by two evaluators on the basis of the result of the tenderer recorded on the record sheet. The evaluation shall be entered first by the evaluators on the record sheet and subsequently by the test report. The dispute shall be assessed by the pedagogical guarantor according to the record sheet or other relevant information and shall include an opinion in the test report containing the final evaluation of the tenderer and his reasons. The test report shall be signed by all members of the examination committee and by the pedagogical guarantor.
Příloha č. 2
Annex No 2 to Government Regulation No 31 / 2016 Coll.
Model document demonstrating the required knowledge of the Czech language for the purpose of obtaining a permanent residence permit in the Czech Republic under Part One, Title IV of the Act on the residence of foreigners in the Czech Republic and amending certain laws
1) Sections 77 to 82 of Act No. 561 / 2004 Coll., on pre-school, primary, secondary, higher vocational and other education (Education Act), as amended.
2) Paragraph 110 of the Education Act, as amended.
3) Articles 45 (3), 46 (3) and 47 (4) of Act No. 111 / 1998 Coll., on Higher Education and on the amendment and addition of other laws (Act on Higher Education).
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Regulation Information
| Citation | Government Decree No. 31 / 2016 Coll., on the Demonstration of Knowledge of the Czech Language for the purposes of obtaining a permanent residence permit |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 29.01.2016 |
|---|---|
| Effective from | 29.01.2016 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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