Decree of the Ministry of Interior No. 345 / 2000 Coll.
Ordinance of the Ministry of the Interior on the verification of the special professional competence of the staff of municipalities, regions, capital of Prague, the urban areas of the capital city of Prague and the district offices, persons headed by special bodies established under special laws and the chairmen of the commissions entrusted with the exercise of the delegation of competence (Decree on the special competence)
Valid
Order
Effective from 12.11.2000
345
DECLARATION
Ministry of Interior
of 15 September 2000
on the verification of the special professional competence of the staff of municipalities, counties, capital cities of Prague, the urban areas of the capital of Prague and the district offices, persons headed by special bodies established by special laws and the chairmen of the commissions entrusted with the exercise of the delegation of powers (Ordinance on special competence)
The Ministry of Interior provides pursuant to § 153 (2) for the implementation of § 116 of Act No. 128 / 2000 Coll., on municipalities (municipal establishment), under § 98 (2) for the implementation of § 75 of Act No. 129 / 2000 Coll., on counties (regional establishment), under § 41 (2) for the implementation of § 23 of Act No. 147 / 2000 Coll., on district offices, and under § 120 (2) for the implementation of § 86 (3) of the Act No. 131 / 2000 Coll., on the capital city of Prague:
Subject matter
(1) This Order applies to:
(a) staff of municipalities, counties, capital of Prague, urban areas of the capital of Prague and district offices, provided that they are required by law and under the conditions laid down therein (1) to demonstrate specific competence in certain activities;
(b) persons headed by special bodies established under special laws by municipalities, county, city of Prague, urban parts of the capital city of Prague and district offices, unless otherwise provided for by special laws, (2) and the chairman of the commissions entrusted with the exercise of the delegation of the municipality;
(hereinafter referred to as "the tenderer ').
(2) This Decree provides for
(a) the procedure of the Ministry of the Interior and the Institute for Local Administration (hereinafter referred to as the Institute)
1. in the verification of the specific competence (hereinafter referred to as "test") of tenderers,
2. in the provision of test training; and
3. when issuing certificates of specific competence (hereinafter referred to as certificates),
(b) the scope of cooperation between the Ministry of Interior, other central administrative offices and the Institute in the provision of training for examinations and their implementation.
Activities requiring the demonstration of specific competence, the method of applying for the test and the details of the application
Activities requiring the demonstration of specific competence shall mean the performance of government on the following sections:
(a) offences against public order, civil coexistence and property;
(b) matrices and citizenship,
(c) the financial management and budgetary rules of the local authorities;
(d) taxes;
(e) review of municipal management;
(f) education;
(g) road economy;
(h) road transport;
(i) health care;
(j) welfare;
(k) State social support and other state social benefits;
(l) social protection for children;
(m) civil service;
n) Memorial care,
(o) spatial planning;
(p) construction rules and expropriation of land and buildings;
(r) aquaculture;
(s) agriculture, hunting and forestry;
(t) conservation of nature and landscape;
(u) protection of the agricultural land fund;
(v) air protection;
(w) waste management;
(x) business business;
(y) land-use arrangements, including related ownership arrangements;
(z) bonitation and naturalisation,
(aa) civil protection and defence;
(bb) economic measures for crisis situations;
(cc) the handling of dangerous substances and preparations,
(dd) the registration of residents, identity cards and travel documents;
(ee) prevention of major accidents caused by selected hazardous chemicals or chemical products;
(hereinafter referred to as "the activity referred to in Article 2 ').
(1) The specific competence for carrying out the activities referred to in Article 2 includes:
(a) knowledge of the foundations of public administration, in particular the general principles of organisation and activity of public administration, knowledge of the legislation of the municipal establishment, regional establishment, district offices, capital of Prague, knowledge of the law on administrative management and the ability to apply it (hereinafter referred to as the "general part"),
(b) knowledge of the legislation governing the powers of the authorities of the local authorities and the administrative authorities, to the extent of the relevant activity referred to in Article 2 of the application, as well as the ability to apply them (hereinafter referred to as the "special part").
(2) The applicant shall demonstrate the specific competence to carry out the activities referred to in Article 2 by examination.
(1) The municipality, region, district office, capital city of Prague or the urban part of the capital of Prague (hereinafter referred to as "employer") applies to the candidate for examination at the Ministry of Interior through the Institute.
(2) The application for the test shall be accompanied by the following particulars:
(a) the name, surname, title, date of birth, birth number, place of permanent residence and employment of the tenderer;
(b) the activity referred to in Article 2 for which the applicant's specific competence is to be verified by examination;
(c) the form of preparation for the test;
(d) the date, name, address, official stamp and signature of the employer;
(e) the signature of the tenderer,
(f) the place of preparation for the examinations and tests.
(3) Where a candidate holding a valid certificate for an activity under Paragraph 2 (hereinafter referred to as "further verification of special competence ') is tested, the employer shall state this in the application together with the other elements referred to in paragraph 2.
(4) The form of preparation for the examination [paragraph 2 (c)] means:
(a) organised training in the form of a course involving training
1. for both the general and the special part (organised studies); or
2. only for the general part or only for the special part; for the remainder, the candidate is prepared separately (combined study),
(b) the preparation of the candidate for both general and specific part by a separate study (individual study).
(5) Within 30 days of the date of receipt of the application from the Institute, the applicant will receive a definition of the issue from which the examination will be carried out and a list of specialised literature.
(6) The Institute will include the candidate in the appropriate form of preparation for the examination. The preparation of the organised study shall start within 5 months of the date of receipt of the Institute application.
(7) Candidates for an organised or combined study will receive a written notification of inclusion from the Institute.
Method and course of examination and particulars of the certificate
Test Panel
(1) The candidate's specific competence shall be verified by a three-member examination panel composed of experts for the general part and experts for the specific part; one of its members shall act as Chairman. The Chairman of the Examination Board shall direct its activities. The examination committee shall decide by a majority of its members. The Examination Board, including the designation of its Chairman, shall be established by the Institute.
(2) During the test, the test panel is bound by specified sets of test questions [§ 10 (2) (b), § 11 (2) (b)].
(3) The examination committee may exclude from the examination a candidate who, during the examination, uses illegal aids or otherwise seriously disrupts the course of the test.
Test
(1) The course and announcement of test results are public.
(2) The test is to be divided into two parts separately carried out and evaluated, meaning the written test and the oral test. In both the written and oral tests, knowledge shall be verified from the general and specific parts separately.
(3) The candidate shall take a written examination first. Successful written examination is a prerequisite for oral examination. In the case of further verification of specific competence, the candidate shall only perform a written and oral examination for a specific part.
(4) The written examination consists of two separate written tests; the first written test shall verify knowledge from the general part and the second written test shall verify knowledge from the specific part. These written tests shall not last more than 60 minutes individually and shall be carried out and evaluated separately. The dates of the individual written tests shall be notified to the applicant by the Institute.
(5) During the oral examination, the applicant answers questions in general and in special part. The time to prepare the response shall be at least 15 minutes. The oral test usually does not last longer than 30 minutes. The term of the oral examination shall be notified to the applicant of the Institute.
(6) Candidates who, for a serious reason, could not come to the test and duly apologized for their non-participation, the Institute will set a deadline.
Evaluation of results of written and oral examination
(1) If the tenderer correctly answers at least two thirds of the questions in the general test, he shall be assessed by the classification grade "passed '; otherwise it is assessed by the classification grade" failed'. The evaluation of the candidate's knowledge in a written test from a separate part shall be carried out mutatis mutandis. The evaluation of the results of each written test shall be notified to the tenderer on the day of the written test.
(2) The proven knowledge of the oral test shall be evaluated separately in the general part and in the specific part; where the tenderer has demonstrated the necessary knowledge as well as the ability to apply it separately, it shall be assessed by the classification grade "passed 'and, otherwise, by the classification grade" failed'. The President of the Commission shall notify the applicant of the outcome of the oral examination on the day of the examination.
(3) If, during the oral examination, the candidate is assessed by the classification grade "passed" in the general part and also in the special part, he shall receive a certificate from the Ministry of Interior.
(4) The degree of "non-compliance" is also assessed by the tenderer if:
(a) has been excluded from the test (Section 5 (3)); or
(b) he did not appear for written or oral examination without due apology; or
(c) has withdrawn from the test in writing or oral examination.
Repeating of written and oral examination
(1) If the tenderer has failed the written or oral examination, he may repeat it twice.
(2) When the written examination is repeated, the tenderer shall undergo a repeated written test either in the general part or in the special part depending on which one of them was evaluated at the previous stage by the classification grade "failed 'or repeated both tests if the classification grade" failed' was evaluated in both tests. This applies mutatis mutandis to the repetition of the oral test.
(2) Repeating the written examination and oral examination shall take place within the time limit communicated by the Institute. The written examination shall be repeated in such a way that, after its successful completion, the oral examination may be completed within the time limit laid down by law. The repeated oral examination shall be carried out not earlier than 30 days and not more than 90 days after the date of the oral examination in which the applicant failed. 3)
Certificate formalities
(1) The certificate shall be accompanied by the following particulars:
(a) the name, surname, title, date of birth and the applicant's birth number;
(b) the number of the certificate;
(c) an indication of the activity referred to in Article 2 for which the applicant has demonstrated his competence under this Order;
(c) the date of issue of the certificate;
(d) official stamp of the Ministry of the Interior;
(e) the signature of the Chairman of the Examination Committee.
(2) The certificate shall be issued in one copy. The applicant shall be certified by his employer without delay.
(3) The Ministry of the Interior shall keep a register of certificates issued.
Provision of training and verification of specific competence
Procedure of the Ministry of Interior in the provision of training
(1) Organisational technical tasks relating to the provision of training for examinations and the conduct of examinations by the Ministry of Interior are provided by the Institute.
(2) Ministry of the Interior
(a) determine the content of the general part;
(b) identify a set of test questions for the general section, including the content and criteria of the evaluation of the written test;
(c) provide general training in both organised and combined studies; in providing training, cooperate with natural and legal persons, in particular schools and educational establishments;
(d) approve the list of experts, for the general part and for the specific part of which the experts conducting the examination training and the members of the examination committee are selected; the list shall be drawn up by the Institute on a proposal from ministries and other competent central administrative offices whose field of activity falls within the scope of Article 2;
(e) publish annually the list of natural and legal persons referred to in (c).
Scope of cooperation of the Ministry of the Interior with other central administrations on verification of specific competence
(1) The Ministry of the Interior is responsible for carrying out the tests in cooperation with other central administrations.
(2) Central competent authorities
(a) determine the content of the specific part and keep it up-to-date in order to comply with the legal status in force;
(b) determine the set of test questions for the specific part, including the content and criteria of the evaluation of the written test;
(c) provide training for a special part in both organised and combined studies.
Common provisions
Verification of specific competence in cases of coexistence
(1) Where the tenderer carries out two or more of the activities referred to in Article 2, the verification of the specific competence for the other activities carried out by him shall be carried out gradually, unless otherwise specified below; for the second verification and for the subsequent verifications, the test shall be performed only from a separate part.
(2) A candidate carrying out two or more of the activities referred to in Article 2 in a municipality where at least two departments of a municipal office are not set up or where a designated municipal office is not set up, demonstrates specific competence only for one of the activities referred to in Article 2 determined by his employer in accordance with the activity mainly carried out.
(1) Candidate acting
(a) the Secretary of the Municipal Office;
(b) the Secretary of the City of Statutory City,
(c) Secretary of the City District Office or the City of the Statutory City, 4)
(d) Director of the City of Prague,
(e) Secretary of the Office of the City of Prague,
(f) Deputy Head of the District Office, unless he is also in charge of the performance of the Head of the District Office, 5)
demonstrate special competence only in general [§ 3 (1) (a)].
(2) A candidate performing the function of head of department or report shall demonstrate a specific competence in the general part and knowledge of the legislation governing one of the activities referred to in Article 2, determined by his employer in accordance with the activity predominantly carried out.
Transitional, cancelling and closing provisions
Transitional provision
Applications for a test submitted before the validity of this Order shall be deemed to have been made pursuant to Section 4 of this Order.
Repeal
They shall be deleted:
1. Decree No. 51 / 1998 Coll., laying down the conditions for the performance of functions requiring special competence in the district offices and municipal offices (Order on special competence).
2. Decree No. 121 / 1999 Coll., amending Decree No. 51 / 1998 Coll., laying down the conditions for the performance of functions requiring special competence in district offices and municipal offices (Ordinance on special competence).
Efficacy
This decree takes effect on the day of the elections to regional councils in 2000.
Minister:
Mgr. Gross v. r.
1) § 113 et seq. of Act No. 128 / 2000 Coll., on Municipality (municipal establishment). § 72 et seq. of Act No. 129 / 2000 Coll., on Counties (Regional Establishment). § 20 et seq. of Act No. 147 / 2000 Coll., on District Offices. § 84 et seq. and § 103 of Act No. 131 / 2000 Coll., on the Capital City of Prague.
2) For example Article 53 (4) of Act No. 200 / 1990 Coll., on Infringements, as amended by Act No. 67 / 1993 Coll.
3) § 114 (2) of Act No. 128 / 2000 Coll. § 73 (2) of Act No. 129 / 2000 Coll. § 21 (2) of Act No. 147 / 2000 Coll.
4) § 4 of Act No. 128 / 2000 Coll.
5) Article 16 (1) of Act No. 147 / 2000 Coll.
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Regulation Information
| Citation | Decree of the Ministry of Interior No. 345 / 2000 Coll., on the verification of the special professional competence of the employees of municipalities, counties, capital city of Prague, the urban parts of the capital of Prague and the district offices, persons leading special bodies established under special laws and the chairmen of the commissions entrusted with the exercise of delegated powers (Order on special competence) |
|---|---|
| Regulation Type | Order |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 27.09.2000 |
|---|---|
| Effective from | 12.11.2000 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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