Full text of Act No. 35 / 2005 Coll.
Full text of Act No. 328 / 1999 Coll., on Civil Documents, as resulting from subsequent amendments
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35
PRESIDENT OF THE GOVERNMENT
Announces
full text of Act No. 328 / 1999 Coll., on Civil Documents, as is apparent from the amendments made by Act No. 491 / 2001 Coll., Act No. 320 / 2002 Coll., Act No. 53 / 2004 Coll. and Act No. 559 / 2004 Coll.
THE LAW
on civil ID cards
Parliament has decided on this law of the Czech Republic:
BASIC PROVISIONS
Subject matter
This Act provides for the issue of civil ID cards to the national citizens of the Czech Republic (hereinafter referred to as "the citizen ') and the keeping of civil ID records.
ID
(1) Citizenship card is a public document, (1) by which the citizen proves his or her name and / or his / her name, surname, birth number, form and citizenship of the Czech Republic (2) (hereinafter referred to as "citizenship"), as well as other information contained therein registered under this Act.
(2) The ID card is required to have a citizen who has reached the age of 15 years and has permanent residence in the Czech Republic. This obligation is also for a citizen whose legal capacity has been restricted by the court's decision.
(3) A citizen who has been deprived of his / her legal capacity by decision of the Court of First Instance may only have his / her identity card if he / she so requests by the court appointed by the guardian (3) (hereinafter referred to as the guardian).
(4) A citizen's card shall be prohibited from being kept and accepted as collateral and shall be withdrawn when entering premises or land.
(5) It shall be prohibited to make copies of the identity card by any means without consent (3a) of the citizen to whom the identity card has been issued, unless otherwise provided for in a specific legislation or international agreement which the Czech Republic is bound by.
Data entered on the ID card
(1) The ID shall contain the information provided for in this Act and the digital processing of the photograph of the citizen and his signature.
(2) Compulsory data to be entered in the identity card are:
(a) the name and, where appropriate, the name, surname, maiden name, birth number, sex, citizenship, family status, permanent residence address, date, place and district of birth, the name of the place and district of birth being registered according to the current status (3b) at the time of the application for a citizen's card; for citizens born abroad, only the State of birth is registered, the place and district of birth is not registered;
(b) the period of validity, the number and date of issue of the identity card and the designation of the office which issued it;
(c) machine-readable data recorded in the machine-readable zone in the following order: type of document, code of the issuing State, surname, first name and, where applicable, citizen's name, identity card number, nationality, date of birth, sex, period of validity of the identity card, end of birth number (3c) and check numbers, which are the numerical expression of the selected data in the machine-readable zone.
(3) In the case of a citizen who has been deprived of legal capacity by decision of the court or whose legal capacity has been restricted by decision of the court, the compulsory entry on the identity card is that fact, and in the case of a citizen deprived of legal capacity, the name and, where applicable, the names, surnames, birth number and address of the guardian's permanent residence. If the guardian is appointed by a local authority, (3) where appropriate, his establishment, his name and address shall be indicated. 4) is a compulsory indication of the imposition of that sentence.
(4) Optional data entered on a citizen's card at the request of a citizen are:
(a) the title of a graduate of a higher vocational school, (5) the academic title, the state title, the other degree of a university graduate, (6) the term "professor" or "professor" (6a) (hereinafter referred to as "title") or the scientific title, (6b) the title or the scientific title shall be given in abbreviation if it is provided for in a specific legislation, (6)
(b) the name and, where appropriate, the name, surname and birth number of the spouse; in the absence of a birth number, the date of birth shall be indicated;
(c) the name and, where appropriate, the name, surname and birth number of the child until the acquisition of maturity; in the absence of a birth number, the date of birth shall be indicated.
(5) If, due to lack of space in the defined part of the identity card, all the required optional data cannot be entered, the citizen who is to be registered will be determined.
(6) A citizen shall not be obliged to prove the facts recorded on his identity card in any other way unless specific legislation so provides.
Issue of CITIZENS AND CITIZENS CERTIFICATE
CONDITIONS AND PROCEDURE IN THE ISSUING OF CITIZENS
Issue of a card
(1) The citizens' card is issued by the municipal office of the municipality with extended competence, in the cities of Brno, Ostrava and Plzeň the magistrates of these cities, in the capital city of Prague by the municipal office designated by the State of the capital of Prague, (hereinafter referred to as the "municipal office of the municipality with extended competence"), in whose district the citizen is declared permanent residence.
(2) A citizen applying for a card must submit a completed application for a card (hereinafter referred to as "application") and the documents necessary for its issue. The application must be signed by the citizen to whom the identity card is to be issued; the signature is not required if the citizen is prevented by a difficult obstacle. The application shall be made on a form established by the Ministry of the Interior ("the Ministry ').
(3) For a citizen under 15 years of age, a legal representative shall apply for the issue of his / her identity card (8) not earlier than 60 days before the age of 15 years of such a citizen, at the latest on the date of completion of 15 years of his / her age.
(4) The application with documents may be submitted personally by the citizen to any municipal authority of the municipality with extended competence or the matrix office, 8a) which checks the accuracy of the application, returns the documents to the citizen, and calls on the citizen to provide evidence of any discrepancies between the information provided in the application and the information kept in the citizen's registration system or in the civil registration system (hereinafter referred to as the "registration of identity cards'). If the municipal authority of the municipality with extended competence is not competent for the issue of the identity card or the application has been submitted to the matrix office, those authorities shall forward the duly completed application to the competent municipal authority of the municipality with extended competence.
(5) The citizen's card shall be drawn up within 30 days of the date of submission of the duly completed application and the necessary documents to the competent municipal office of the municipality with extended scope, or within 30 days of the date on which the application was referred to the competent municipal office of the municipality with extended scope. The citizen may take over the citizen's card at the Registry Office or at the Municipal Office of the Municipality with the extended jurisdiction that he stated in the application, otherwise he shall be obliged to take over the ID card at the Municipal Office of the Municipality with the extended competence.
(6) The signature of the citizen referred to in paragraph 2 (hereinafter referred to as "the signature ') shall, for the purposes of issuing the identity card, be understood to mean, by the citizen's own hand, a written statement of his name and surname or, where applicable, only a surname.
(7) For the purposes of issuing and keeping the data in the registration of citizens' cards, the Ministry shall carry out digital processing of the photograph of the citizen (hereinafter referred to as "photographs') and its signature; instead of the Ministry, this activity may be carried out by the municipal authority of the municipality with extended competence, which shall issue the identity card referred to in paragraph 1, provided that the technical conditions so permit.
(8) A citizen applying for the issue of a new identity card on the grounds of expiry of the identity card may submit an application electronically before the expiry of that period. the application must be accompanied by a guaranteed electronic signature based on a qualified certificate issued by an accredited electronic service provider, and the citizen must attach to it the digital processing of his photograph and his signature. If an application for an identity card has been submitted electronically, the citizen shall hand over the current identity card upon receipt of the new identity card. The technical requirements for digital signature and photograph processing, attached to the request submitted electronically, shall be laid down by the Ministry by the Order.
Issue of first identity card
(1) The legal representative of a citizen or citizen who applies for the issue of his first identity card after the age of 15 must submit:
(a) a citizen's birth certificate;
(b) 1 photograph, measuring 35 x 45 mm, which corresponds to the current form of a citizen, shows it at the front of the face of the head with a height of at least 13 mm from the eyes to the chin, in civil clothing, without glasses with dark glasses, except for the blind and without headgear, unless its use is justified by reasons of religion or health; in such a case, the headgear shall not cover the facial part in such a way as to prevent the identification of the citizen; the requirements for the technical execution of the photograph are laid down by the Ministry by decree,
(c) where appropriate, additional documents certifying the facts on which the identity card shall be entered, at the request of the citizen, or the data needed to remove the discrepancies found in the data contained in the application with the information contained in the citizen's information system or in the registration of the identity card.
At the same time, he is obliged to prove the citizenship of the citizen to whom the first identity card is to be issued by means of a document on national citizenship 8a). If the applicant for the issue of the first identity card does not have such a document, the municipal authority of the municipality with extended competence or the matrix office with which he applies for the issue of the first identity card shall, at his request, verify the citizenship of the citizen with the competent authority. 8b)
(2) A citizen who applies for the issue of his first identity card after his permanent residence abroad or after having acquired citizenship is obliged to submit
(a) the birth certificate or the birth certificate and the birth certificate;
(b) 1 photograph,
(c) proof of the birth number if the birth number is not indicated on another document presented,
(d) proof of citizenship;
(e) proof of family status, if it is a citizen living or living in a marriage,
(f) where appropriate, additional documents certifying the facts on which, at the request of the citizen, the identity card shall be entered or the data needed to remove the discrepancies found in the information provided in the application or with the data kept in the citizen's information system or in the registration of the identity card.
Issue of a new ID card
(1) A citizen is obliged to present his current identity card and 1 photograph before issuing a new identity card.
(2) If the citizen cannot present his current identity card, he is obliged to submit
(a) the birth certificate or the birth certificate and the birth certificate;
(b) 1 photograph,
(c) proof of the birth number if the birth number is not indicated on another document presented,
(d) a certificate of identity card (Section 9);
(e) where appropriate, other documents certifying the facts on which, at the request of the citizen, the particulars or the data required to remove the discrepancies found in the information contained in the application with the information contained in the citizen's information system or in the registration of the citizen's identity cards shall be entered on the identity card.
(3) If there is a reason for issuing a new identity card to amend or supplement any information entered on the identity card, the citizen shall also be required to provide proof of such change or a document confirming the new entry.
(4) A citizen whose legal capacity has been restricted by a decision of a court shall be required to submit that decision together with the documents referred to in paragraph 1. If there is a citizen whose legal capacity has been restricted by the decision of the court in such a way that he is unable to fulfil that obligation, the guardian who is obliged to submit
(a) the court's decision to restrict the citizen's legal capacity;
(b) 1 photograph of the citizen,
(c) a citizen's current identity card,
(d) his identity card and the evidence of the provision by the guardian.
(5) The caretaker who applies for the issue of a citizen's identity card for a citizen deprived of legal capacity must submit:
(a) the birth certificate or the citizen's birth and birth certificate;
(b) 1 photograph of the citizen,
(c) proof of the citizen's birth number if the birth number is not indicated on another document presented;
(d) proof of family status, if it is a citizen living or living in a marriage;
(e) a decision by the court to waive a citizen's legal capacity;
(f) where appropriate, other documents certifying the facts on which the identity card shall be entered, at the request of the citizen, or the data needed to eliminate the discrepancies found in the information contained in the application with the information contained in the citizen's information system or in the registration of the identity card;
(g) his identity card and the evidence of the provision by the guardian; where the guardian is a legal person, he shall produce a document of the provision by the guardian and a natural person acting on behalf of that legal person, he shall submit his identity card and a document certifying the right to act as a legal person.
(6) A citizen whose court has annulled a decision restricting his / her legal capacity must submit that decision and the documents referred to in paragraph 1 before issuing a new identity card.
(7) A citizen whose decision to waive his / her legal capacity has been revoked by the Court shall be required to present this decision and the documents referred to in points (a) to (d) and (f) of paragraph 5 and the existing identity card, if it has been issued to him.
(8) Where a citizen has been sentenced to a prohibition of residence, has carried out or has been waived from the execution of the sentence, or the remainder thereof, he shall be required to submit a decision to the court confirming that fact before issuing the identity card.
(1) The documents necessary for the issue of the identity card must be presented in the original, certified copy or certified copy. 9) In the case of foreign language documents, the citizen is obliged to submit also their certified translation into the Czech language, unless the international treaty to which the Czech Republic is bound provides otherwise.
(2) If a citizen requests the registration of a title or scientific rank which he has not yet entered on his identity card, he shall be required to provide proof of their acquisition. In the event that a citizen has obtained higher vocational education, higher education and a relevant degree at a foreign university, he is obliged to submit evidence of the recognition of higher education and the relevant degree. 10) It is also the same for a citizen who requests the registration of a scientific degree obtained abroad.
(3) If a citizen submits a decision by the foreign court to document the information entered in the identity card, he must submit, together with such evidence, a decision by the Supreme Court of the Czech Republic on recognition of the decision of the foreign court in the territory of the Czech Republic, if that recognition is necessary under the special legislature11).
(4) If a citizen provides a document issued by an authority of a foreign state to support the data entered in the identity card, he is obliged to submit an extract from the registration book of the Office of the City of Brno, 12) unless otherwise provided for in the international agreement to which the Czech Republic is bound.
Taking over the ID card
(1) A citizen is obliged to take over his identity card in person. It shall be endorsed by its signature on the application. If it cannot be signed, this shall be indicated on the application.
(2) A citizen whose legal capacity has been restricted by the court's decision shall be entitled to take over and take over the identity card shall be signed by the guardian only if he has applied for it. A citizen who has been deprived of his legal capacity by decision of the court shall take over and take over the identity card shall be signed by the guardian.
(3) If a citizen cannot appear personally for serious reasons, in particular for the exercise of custody, the execution of a custodial sentence, court-ordered constitutional treatment, constitutional education, protective education or for serious long-term health reasons, the municipal authority of the municipality with extended jurisdiction shall ensure the transfer of the identity card in whose administrative district the citizen is staying. After transmission of the citizens' card, the municipal office of the municipality with extended scope shall invalidate the existing citizen's identity card or his certificate of identity card, confirmation of the change of residence, confirmation of the change of the data entered on the card and send those documents to the municipal authority with extended competence responsible for issuing the identity card, together with the signed application; Similarly, the municipal authority of the municipality with extended competence or the matrix office shall act if it transfers the identity card in accordance with § 4 (2).
CONDITIONS AND PROCEDURE FOR ISSUING CIVIL CERTIFICATE
Certificate of ID
(1) A certificate of identity card is issued to a citizen
(a) a declaration of loss, theft, damage or destruction of the identity card;
(b) detention of an invalid identity card;
(c) the issue of an identity card on the ground that no document required for its issue is presented;
(d) surrender of a citizen's card on the ground that he has lost his citizenship or has ceased his permanent residence in the Czech Republic or applied for his safekeeping in a long-term stay abroad;
(e) the surrender of a citizen's identity card whose legal capacity has been restricted by a court decision or who has been deprived of legal capacity by a court decision;
(f) surrender of the identity card found, after the deceased or declared dead.
(2) The certificate of identity card is issued by the municipal authority of the municipality with extended competence or by the matrix office. The police of the Czech Republic (hereinafter the "police") issue it only if it is reported to have stolen a citizen's card, that it has been given a found identity card or a citizen's card.
(3) The certificates of identity cards to be issued in the cases referred to in paragraph 1 (a) to (d) shall contain the following information: the reason for the issue, the name or, where applicable, the name, surname, birth number, the address of the place of residence of the citizen, the date, place and district of birth, the date of issue, the period of validity, the designation of the office or authority which issued it, and, where appropriate, the number and, where appropriate, the series of identity cards and the designation of the office which issued the identity card; for citizens born abroad, only the State of birth is registered instead of the place and district of birth.
(4) The certificate of identity card issued pursuant to paragraph 1 (e) and (f) shall contain the following information: the reason for the issue, the name and / or the name of the natural person submitting the identity card, the name and / or surname of the holder of the identity card (hereinafter referred to as the holder), the date of issue, the period of validity, the name of the office or authority issuing the certificate, the number or, where applicable, the series of identity cards surrendered and the name of the office issuing the certificate.
(5) Where a citizen is issued with a certificate of identity card as referred to in points (a) to (d) of paragraph 1, he shall not be required to have a identity card for the duration of his period of validity, provided that this law provides for him.
(6) The certificate of identity card is not a public document.
VALIDITY OF CIVIL CERTIFICATE AND CIVIL CERTIFICATE
Duration of the ID card
The period of validity of the identity card shall be:
(a) 5 years for citizens aged between 15 and 20; and
(b) 10 years of age for citizens over 20.
End of validity of the ID card
(1) The validity of the ID card expires
(a) by the end of the period indicated therein,
(b) reporting its loss or theft;
(c) by a legal authority of a court which has restricted the citizen's legal capacity or which has been deprived of legal capacity and that fact is not indicated on the identity card;
(d) by the legal authority of the decision of the court which has imposed a prohibition of residence on the citizen, and that fact is not indicated in the identity card; or
(e) the loss of citizenship, death or legal power of the court's decision to declare a citizen dead.
(2) The municipal authority of the municipality with extended jurisdiction responsible for issuing the identity card shall decide on its expiry if:
(a) the identity card is damaged in such a way that the entries therein are illegible or the integrity of the card is violated; the separation of the marked part of the identity card (§ 12 (1) and (3)) is not considered as a breach of the integrity of the identity card;
(b) the identity card contains changes, incorrect information, or
(c) there has been a substantial change in the form of the citizen.
If a citizen agrees to a decision, an entry into the Protocol shall be made; otherwise a decision shall be taken. The appeal against this decision shall not have suspensory effect.
(1) In the event that there is a change in the circumstances concerning the mandatory particulars entered on the identity card, the citizen shall separate the marked part of the identity card
(a) the institution or body of the Church, entitled to marry, (13) in the event of a change in the marital status;
(b) the municipal authority of the municipality with extended competence 13a) or, in the case of:
1. changes to the name or surname, if any;
2. changes in family status; or
3. changes in the birth number.
(2) At the same time as the separation of the marked part of the identity card referred to in paragraph 1, the Office shall issue a certificate to the citizen confirming the change of the data entered in the identity card; at the same time, notify the municipal authority of the municipality with extended competence which issued the identity card, the number of the certificate issued, the reason and the date of its issue, the number or, where applicable, the series of identity cards, the name and, where applicable, the name of the citizen.
(3) The marked part of the identity card shall also be separated where specific legislation so provides.
(4) What is the marked part of the identity card is defined by the Ministerial Decree.
Duration of the certificate
The certificate of identity card referred to in § 9 (1) (a) to (c) shall be issued for a period of 2 months. The certificate of identity card referred to in Article 9 (1) (d) to (f) shall be issued for an unlimited period.
OBLIGATIONS
Obligations of the citizen
(1) A citizen is obliged
(a) taking into account all circumstances and circumstances, protect the identity card against damage, destruction, loss, theft or abuse;
(b) report without delay to any municipal authority of the municipality with extended competence or to the matrix office that the facts referred to in (a) have occurred; in the event of theft of the identity card, this fact may also be reported to the police,
c) apply for a new ID within 15 working days
1. after the date of expiry of the identity card for the reasons set out in Article 11 (1) (a) or (b), or Article 11 (2),
2. upon receipt of the marriage certificate,
3. After having acquired legal power, the court's decision to divorce the marriage,
4. After receiving the spouse's death certificate,
5. after having acquired legal authority, a decision amending the name or, where applicable, the name, surname or new birth number,
6. After the date on which he announced a change in the place of residence or when the decision to cancel the place of residence became final,
7. After having acquired legal authority, the decision of the court which has restricted the citizen's legal capacity; or
8. After having acquired legal authority, the decision of the court imposing a prohibition on residence on the citizen,
d) to hand over within 15 working days a card to the municipal authority of the municipality with extended jurisdiction which issued it or to the matrix office according to the place of permanent residence if he has ceased his permanent residence in the Czech Republic, lost his citizenship or it has been shown that he has been issued with an unauthorized identity card;
(e) upon receipt of a new identity card, hand over to the municipal authority of the municipality with extended jurisdiction or to the Registry of the Municipality an existing identity card, a certificate of identity card, a certificate of change of residence and a certificate of change of the data entered on the identity card if issued to it;
(f) to appear within the prescribed time limit for an invitation to the municipal office of the municipality with extended competence competent for the issue of a card or a matrix office according to its place of permanent residence for the purpose of carrying out operations relating to the issue of a card.
(2) If a citizen whose legal capacity has been restricted by the court's decision to fulfil the obligations referred to in paragraph 1 is concerned, those obligations shall be transferred to the guardian. Where a citizen who is deprived of legal capacity has an identity card, he shall be transferred to the guardian of the obligations referred to in paragraph 1, except for the obligation referred to in point (c); at the same time, the guardian has an obligation to surrender an invalid citizen's identity card.
Obligations of other persons
(1) Anyone who finds a foreign identity card, a certificate of identity card, a certificate of change of place of residence or a certificate of change of the data entered in the identity card shall be obliged to forward it without delay to any local authority of the municipality with extended jurisdiction or to the Registry or to the police. The same obligation shall apply to a citizen who has declared the loss or theft of his / her identity card if he / she finds or recovers his / her identity card in another way.
(2) Anyone holding the identity card of a deceased citizen or citizen declared dead shall be obliged to forward it without delay to the nearest municipal office of the municipality with extended jurisdiction or to the matrix office.
(3) The guardian is obliged to hand over the citizen's identity card, which has been deprived of legal capacity by decision of the court, within 15 days of the date on which the court's order to appoint him became final, to the municipal authority of the municipality with extended jurisdiction, which issued the identity card, or to the Registry according to the place of permanent residence of the citizen.
The scope of the municipal office of the municipality with extended competence, the matrix office and the police
(1) The municipal authority of the municipality with extended competence responsible for issuing the identity card or the matrix office according to the place of permanent residence of the citizen is obliged to take over the identity card at the request of the citizen for the duration of his long stay abroad.
(2) The municipal authority of the municipality with extended jurisdiction, the matrix office or the police may detain a citizen with an invalid identity card or identity card, which may be deemed to be invalid on the basis of a decision pursuant to Article 11 (2); a certificate of identity card is issued to him at the same time and the detained identity card is sent without delay to the municipal authority of the municipality with extended competence, which issued the identity card, together with the notification of the number of the issued ID certificate.
(3) The municipal authority of the municipality with extended competence or the matrix office to which the citizen has surrendered his identity card pursuant to § 14 (1) (d) or § 15 shall, mutatis mutandis, fulfil the obligations referred to in paragraph 2.
(4) The municipal authority of the municipality with extended competence or the matrix office to which the loss, theft, damage or destruction of the identity card has been reported shall issue a certificate of identity card to the holder and shall immediately notify the holder thereof, including the name, surname, date and place of birth, the address of the applicant's permanent residence and the number of the certificate issued to him, to the municipal authority of the municipality with extended competence responsible for issuing the identity card.
(5) If the holder notifies the police of the theft of the identity card, the police shall issue a certificate of identity card and notify it without delay, including, where appropriate, the name, surname, date and place of birth, the address of the applicant's permanent residence and the number of the certificate issued to him, to the municipal authority of the municipality with extended jurisdiction responsible for issuing the identity card.
(6) The provisions of paragraph 2 shall apply mutatis mutandis to the procedure of the police to which a card has been issued pursuant to Paragraph 15 (1).
TRANSFERS
(1) A natural person commits an offence by:
(a) infringes the obligation to protect identity card against loss, theft, damage, destruction or abuse;
(b) not apply for a new identity card in the cases referred to in Paragraph 14 (1) (c);
(c) even after repeated notice, he shall not take over his identity card;
(d) shall not immediately report damage, destruction, loss, theft or misuse of the identity card;
(e) infringes the prohibition to carry out entries, changes or corrections in the identity card, in the certificate of identity card, in the certificate of change in the place of residence or in the certificate of change in the data entered in the identity card;
(f) even after repeated calls, it shall not provide evidence of the information provided in the application;
(g) within the statutory deadline, it fails to comply with the obligation to exchange its identity card without machine-readable data (§ 24 (2));
(h) intentionally destroy, damage, alienate or misuse the identity card or certificate;
(i) provide or accept an ID as collateral or withdraw an ID upon entry into the premises or on land;
j) make a copy of the identity card and do not demonstrate the consent of the citizen pursuant to Paragraph 2 (5);
(k) shall not apply for the issue of a first identity card within 30 days of the date on which it reached the age of 15.
(2) The municipal authority of the municipality with extended jurisdiction, in whose territorial district the citizen is declared permanent residence, is responsible at first instance for the infringement proceedings referred to in paragraph 1.
(3) A fine of up to CZK 10,000 may be imposed for the offence referred to in paragraph 1.
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Regulation Information
| Citation | Full text of Act No. 35 / 2005 Coll., Act No. 328 / 1999 Coll., on Civil Documents, as resulting from subsequent amendments |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 18.01.2005 |
|---|---|
| Effective from | - |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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