Full text of Act No. 36 / 2005 Coll.
Full version of Act No. 329 / 1999 Coll., on Travel Documents and Amendment to Act No. 283 / 1991 Coll., on the Police of the Czech Republic, as amended (Act on Travel Documents), as resulting from subsequent amendments
Valid
Contents
ČÁST PRVNÍ
§ 1
HLAVA I
Díl 1
§ 2
§ 3
§ 4
§ 5
§ 6
§ 7
§ 8
§ 9
§ 10
§ 11
§ 12
§ 13
§ 14
§ 15
§ 15a
§ 16
Díl 2
§ 17
§ 18
§ 19
§ 20
§ 21
§ 22
§ 23
§ 24
§ 25
§ 26
§ 27
§ 28
Díl 3
§ 29
§ 30
§ 30a
§ 31
HLAVA II
§ 32
§ 33
§ 34
§ 34a
§ 35
§ 36
§ 37
HLAVA III
§ 38
§ 39
§ 39a
§ 40
§ 41
§ 41a
ČÁST ČTVRTÁ
§ 44
§ 45
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36
PRESIDENT OF THE GOVERNMENT
Announces
full text of Act No. 329 / 1999 Coll., on Travel Documents and Amendment to Act No. 283 / 1991 Coll., on Police of the Czech Republic, as amended, (Act on Travel Documents), as follows from amendments made by Act No. 217 / 2002 Coll., Act No. 320 / 2002 Coll. and Act No. 559 / 2004 Coll.
THE LAW
on travel documents
Parliament has decided on this law of the Czech Republic:
TRAVEL DOCUMENTS
Subject matter
This Act provides for the issue of travel documents to the citizens of the Czech Republic (hereinafter referred to as "the citizen '), their use by citizens and the keeping of travel documents registers.
Issue of travel documents
The concept, types and use of travel documents
Concept and use of the travel document
(1) The travel document is a public document authorising a citizen to cross the national borders of the Czech Republic (hereinafter referred to as the "border") through a border crossing, unless otherwise provided for in the international treaty to which the Czech Republic is bound (hereinafter referred to as the "international treaty"). By means of a travel document, the citizen shows his or her name, surname, birth number, form, citizenship of the Czech Republic1 (hereinafter referred to as "citizenship ') and other information recorded in the travel document under this law.
(2) The travel document shall be prohibited from being kept and accepted as collateral and shall be withdrawn on entry into premises or land; a citizen is not entitled to leave a travel document as collateral even when he is abroad.
(3) It shall be prohibited to make copies of the travel document by any means without consent (1a) of the citizen to whom the travel document has been issued, unless otherwise provided in a special law or international agreement.
(1) The crossing of external frontiers (1f) is possible only with valid travel document, operating time and in accordance with the purpose of establishing a border crossing point. (b) with machine-readable data unless it has a separate marked part. 1e) A citizen under 15 years of age may only cross the border without his own travel document with the parent whose travel document he is registered in.
(2) Where an international agreement provides that an external border may be crossed at places other than border crossing points (hereinafter referred to as "other place"), another location may be used only to the extent provided for by such an international agreement.
(3) A citizen crossing an external border is obliged to submit his travel document at his request and to bear its control. The invitation to present the travel document and its control shall be for the police of the Czech Republic (hereinafter referred to as "the police '). At the internal border, the control of the travel document shall be carried out in the event of the adoption of a government decision on the protection of internal borders under specific legislation. 1f)
(4) The Ministry of the Interior (hereinafter referred to as the Ministry) announces by communication in the Collection of Laws a list of border crossing points and the scope of operation at those crossing points.
Border crossing means for the purposes of this Act:
(a) the place defined by the international treaty for crossing national borders;
(b) an international airport which is an external border under a specific legislation;
1. has been designated as an international airport under special legislation, 1c)
2. the airport operator has complied with the safety conditions laid down in the specific legislation, 1f)
(c) internal borders; or
(d) the space of an international train or deck of an international passenger or freight water transport vessel at the time when the travel documents are checked in that area.
Types of travel documents
(1) The types of travel documents are:
(a) passport,
(b) diplomatic passport;
(c) service passport,
(d) a travel licence;
(e) replacement travel document of the European Union, 2a)
(f) another travel document under an international contract.
(2) The travel documents referred to in paragraph 1 (a) to (c) are provided with a machine-readable zone. The machine-readable passport shall be issued within 30 days. If a citizen requests to issue a passport within a shorter period, he may be issued a passport within 30 days without a machine-readable zone.
(3) The Decree provides for:
(a) the Ministry shall, unless provided for in this Treaty, model passports, passports and other travel documents issued under an international contract;
(b) Ministry of Foreign Affairs models of diplomatic passport and service passport.
Data entered on the travel document
(1) The travel document shall contain the data provided for by this Act and the digital processing of the photograph and signature of the citizen.
(2) Compulsory data entered on the travel document are:
(a) the name and, where appropriate, the name, surname, birth number, sex, citizenship, date and place of birth, and, where applicable, the diplomatic or service passport and the diplomatic or service title (s), the name of which shall be registered according to the current state of birth; 2b) only the country code of the country of birth is entered for citizens born abroad, 2c) the place of birth is not registered for them,
(b) the territorial and temporal validity of the travel document, the number of the document, the date of its issue and the designation of the office which issued it;
(c) machine-readable data recorded in the machine-readable zone of the passport, diplomatic passport or service passport in the following order: type of document, code of the issuing State, surname, surname, surname and, where applicable, citizen's name, travel document number, citizenship, date of birth, sex, validity of the travel document, birth number and control numbers, which are the numerical expression of the selected data in the machine-readable zone.
(3) A travel licence issued for return to the Czech Republic for a newly born citizen may not contain a birth number.
Optional data entered on the travel document at the request of the citizen shall be:
(a) in the travel document, the name and surname, date of birth and sex of a citizen under the age of 15;
(b) the title of a graduate of a higher vocational school, (3) the academic title, the state title, another degree of a university graduate, (3a) the term "associate" or "professor" (3b) (hereinafter referred to as the title) or the scientific title; (4) the title or the scientific title shall be given in abbreviation if it is provided for by a special legislation.
repealed
(1) At the time of checking the travel document, police may enter the year, month, day, hour and direction of crossing the border at the border crossing point, the number of children accompanying the parent, if they are entered in his travel document, and the name of the border crossing point. This information must be entered by the police at the border crossing point in the travel document if the citizen so requests.
(2) Where a travel document in which the data referred to in paragraph 1 cannot be entered is concerned, the police shall, at the border crossing point, issue a written confirmation to the holder of such travel document at his request with such data.
Amendments and additions
The travel document may make changes to the information on:
(a) a citizen under 15 years of age, entered on the travel document by his parents, if this travel document is a passport, diplomatic passport, service passport or passport;
(b) the period of validity of the travel document, if this travel document is the travel document.
(2) The travel document may be supplemented by information on:
(a) a citizen under 15 years of age in the travel document of his or her parents, if this travel document is a passport, diplomatic passport, service passport or passport;
(b) the title or scientific rank.
(3) In another travel document issued under an international agreement, changes to the registered data or the addition of data may be made only if the international contract allows it.
(4) The amendment and addition of the data in the travel document shall be carried out by the authority responsible for issuing it. He may make changes to the data referred to in paragraph 1 and to the data referred to in paragraph 2 (a) of the diplomatic mission of the Czech Republic or the consular office of the Czech Republic (hereinafter referred to as the representative office) abroad.
Territorial and temporal validity
(1) The passport, diplomatic passport and service passport shall be issued with territorial validity to all countries of the world and with a period of validity of 10 years, to citizens under 15 years of age with a period of validity of 5 years; a passport without a machine-readable zone shall be issued with a period of validity of 1 year.
(2) The period of validity of the travel documents referred to in paragraph 1 cannot be extended.
Passport
(1) The passport will be issued to the citizen by the municipal office of the municipality with extended competence, in the capital city of Prague by the municipal office designated by the City Statute of the City of Prague, and in the cities of Brno, Ostrava and Plzeň by the municipalities of these cities (hereinafter referred to as the "municipal office of the municipality with extended competence"), competent according to its permanent residence.
(2) If the citizen does not have a permanent residence in the territory, the passport shall be issued by the municipal office of the municipality with extended competence according to his last residence in the Czech Republic. If the citizen did not have a permanent residence in the Czech Republic or if it cannot be detected, the passport will be issued by the City of Brno.
(3) For the purposes of issuing a passport and keeping data in the travel document registration information system (hereinafter referred to as "travel document records'), the Ministry shall carry out the digital signature and photograph of the citizen; instead of the Ministry, this activity may be carried out by the municipal authority of the municipality with extended competence, which issues the passport referred to in paragraph 1, provided that the technical conditions allow it.
Diplomatic passport
(1) Diplomatic passport issued by the Ministry of Foreign Affairs
(a) the President of the Republic,
(b) Members and Senators,
(c) a member of the Government,
(d) Judge of the Constitutional Court, President of the Supreme Court, President of the Supreme Administrative Court,
(e) President of the Supreme Audit Office,
(f) the spouse of the President of the Republic, the spouse of the President of the Chamber of Deputies and the spouse of the President of the Senate, the spouse of the Member of the Government, the spouse of the President of the Constitutional Court, the spouse of the President of the Supreme Court, the spouse of the President of the Supreme Administrative Court,
(g) a diplomatic staff member of the Ministry of Foreign Affairs, a spouse and a non-dependent spouse (5) of a diplomatic staff working at the representative office if they are living with him in a common household at the place of employment.
(2) A diplomatic passport may be issued with the consent of the Minister for Foreign Affairs to other persons in accordance with international practice.
Service passport
(1) Service passport issued by the Ministry of Foreign Affairs
(a) the Chief Prosecutor, Deputy Minister, Deputy President of the Supreme Court, Deputy Deputy Prosecutor, Vice President of the Supreme Audit Office, Head of the Government Office, Head of the President's Office, Head of the Chamber of Deputies and Head of the Senate Office,
(b) staff of the Ministry of Foreign Affairs on travel in the course of work abroad, unless he holds a diplomatic passport;
(c) staff of the representative office, if he does not hold a diplomatic passport, and his spouse and a dependent child, (5) if he is living with him in a common household on the ground.
(2) A service passport may be issued to persons other than those referred to in paragraph 1, subject to the approval of the Minister for Foreign Affairs, on request, confirmed by the Head of the Office of the President of the Republic, the Head of the Office of the Chamber of Deputies, the Head of the Senate, the President of the Supreme Court, the President of the Supreme Administrative Court, the Minister or the Head of another Central Authority, if they travel abroad in matters of the Czech Republic.
(3) The service passport may be used only for business trips abroad; upon termination, the holder of the service passport shall be obliged to surrender it without delay to the authority which requested the issue of the passport.
(4) The authority to which a citizen has surrendered a service passport pursuant to paragraph 3 is required to secure that passport before it is lost, stolen, destroyed, damaged and misused and to transfer it to the holder if it is to undertake a business trip abroad.
Passport
(1) A citizen who does not have another travel document may, in justified cases, for example when a travel document is lost, issue a travel document for each journey with a territorial and temporal validity limited to the purpose of the journey. The travel licence shall be issued by the municipal authority of the municipality with extended jurisdiction competent according to the place of permanent residence of the citizen or representative office.
(2) For the purposes of issuing a travel licence, the representative office shall be entitled to apply to the Ministry or the municipal authority of the municipality with extended competence to issue a travel document confirming the accuracy or specification of the information given on the application for a travel licence or to communicate supplementary information, unless the citizen can prove the truthfulness of such data by the relevant documents.
European Union travel document replacement
In order to issue an authorisation for the issue of a European Union2a replacement travel document, the representative office shall be entitled to request the Ministry or the municipal authority of the municipality with extended competence to issue a travel document certifying the accuracy or specification of the information given on the application for the issue of a European Union replacement travel document.
Other travel document under an international contract
(1) Another travel document under an international contract shall be issued to the citizen by the municipal office of the municipality with extended competence competent according to his permanent residence.
(2) The maritime book issued by the Ministry of Transport and Communications pursuant to the Special Legislation (6) authorises the exit of the territory if it is registered by the municipal authority of the municipality with extended jurisdiction according to the place of permanent residence of the citizen.
Procedure for issuing the travel document
Conditions for issuing the travel document and making amendments or additions to its data
(1) The travel document may be issued and amendments or additions to the particulars entered therein may be made at the request which satisfies the requirements laid down by this law. A travel document shall be issued to a citizen if the conditions laid down by this law or by an international agreement are fulfilled. A citizen holding a valid passport may only issue a further passport in justified cases; a reasoned case means, for example, the processing of visa matters relating to travel abroad where a citizen urgently needs a travel document for another journey abroad.
(2) An application for the issue of a travel document or, where appropriate, for amendments to the data entered in it or for additions thereto may be made by a citizen over 15 years of age; where the citizen is a minor, the application shall be accompanied by the written consent of the legal representative to his certified signature.
(3) For a citizen under 15 years of age, a legal representative shall apply.
(4) In the place of legal representative, foster parents may submit an application pursuant to paragraph 3, (7) a person who has been assigned to education under 15 years of age, (8) or a director of an institution for the exercise of constitutional education, who cares for a citizen under 15 years of age on the basis of a judicial decision. 9) These persons shall attach to the application the consent of the legal representative to his certified signature.
(5) The consent of the legal representative referred to in paragraphs 2 and 4 is not required where its action is linked to a difficult obstacle.
(6) If the adoption of a minor citizen goes abroad, the application shall be submitted instead of the legal representative or shall give the consent of the Office for the Protection of Children under paragraph 2 as legal representative. 10)
(7) Where a parent is a legal representative pursuant to paragraph 2 or 4, the consent of one of the parents shall be sufficient.
(8) A legal representative shall submit a request for a citizen who is deprived of legal capacity or whose legal capacity is restricted.
(9) When issuing the first passport, the citizen is obliged to prove citizenship of the Czech Republic. 10a)
(10) If there is a diplomatic passport, service passport or travel document issued for the performance of work abroad under an international agreement, it may apply for a citizen to be an authorised representative of a legal person established by the State.
(11) The verification of the signature referred to in paragraph 2 or 4 shall not be required if the persons authorised to give consent to the application express their consent and sign the application before the authority responsible for issuing the travel document, at the Registry (11) or abroad with the representative office.
(12) Where an application for a travel licence cannot be lodged abroad by a legal representative or other person authorised to do so under paragraph 4 or, where appropriate, paragraph 8, the representative office shall issue the travel licence to the citizen by official authority. The representative office shall issue an official passport to the citizen also where the international agreement so provides.
(13) If the application for a travel licence lodged abroad cannot obtain the consent of the legal representative referred to in paragraph 2 or 4, the representative office shall issue a travel licence without such consent.
Persons authorised to submit an application under this Act may be represented on the basis of proxy in the procedure for issuing a travel document, making amendments to or supplementing the travel document, except for the receipt of the travel document.
Place of application
(1) A request for the issue of a travel document and a request for amendments or additions to the travel document shall be made on the forms established by the Ministry in accordance with Article 20 (4) with the authority responsible for issuing the travel document or with the representative office.
(2) In the case of a passport, a passport or other travel document under an international contract, the application referred to in paragraph 1 may be lodged with the municipal authority of the municipality with extended jurisdiction outside the place of residence of the citizen or with the Registry. 11)
Forms of application
(1) A citizen applying for a travel document must submit a completed application for a travel document containing the information referred to in Article 6 (2) and the following information:
(a) the surname and national's birth number, if not entered in the travel document;
(b) the address of the place of residence in the Czech Republic; a citizen living abroad gives the address of his last residence in the Czech Republic,
(c) the name and, where applicable, the name, surname and birth number of the spouse or parents, if any, when it comes to the issue of a diplomatic or service passport to the spouse or to the dependent child of the holder of a diplomatic or service passport,
(d) optional particulars pursuant to Article 7, where the citizen requests their entry in the travel document;
(e) a statement of reasons where a citizen applies for another passport (Paragraph 17 (1));
(f) information which is a condition for issuing a travel document under an international contract.
The application for a travel document must be signed by the citizen to whom the travel document is to be issued; the signature is not required if the citizen is prevented by a difficult obstacle.
(2) An application for a travel document is accompanied by 1 photograph of a size of 35 mm x 45 mm, corresponding to the current form of a citizen, showing a citizen in front view, in civil clothing, without headgear, without glasses with dark glasses, with the exception of the blind, with the height of the face part of the head from the eyes to the chin of at least 13 mm (hereinafter referred to as "the photograph"), which meets the requirements for technical implementation laid down by the Ministerial Decree. If there is a travel document without a machine-readable zone, a diplomatic passport or service passport, 2 photographs are attached. The application for a travel document may be submitted for religious or health reasons in the case of a photograph with a headgear; the cover must not cover the facial part in a way that would make identification impossible.
(3) The signature of the citizen referred to in paragraph 1 shall, for the purposes of issuing the travel document, be understood to mean, by the citizen's own hand, a written statement of his name and surname.
(4) The application for amendments or additions to the travel document shall contain the information referred to in paragraph 1 to the extent necessary to make the requested amendment or addition.
(5) The model of the application form for the travel document, the application for amendments or additions to the travel document and the requirements for technical execution of the photograph shall be determined by the Ministry's decree; If the travel document is a diplomatic or service passport, the model of the application form shall be laid down by decree of the Ministry of Foreign Affairs.
Demonstration of data in the application
(1) The applicant shall, in accordance with § 17 (2) to (10), be required to state in the application pursuant to § 20 (1) or § 20 (3) all the required information and to prove its truthfulness. If it is not possible to demonstrate the trueness of the requested information, it shall submit the supporting documents for their identification. Evidence of the veracity of the information provided in the application shall be provided in accordance with specific legislation, 12) or other documents under an international agreement, where appropriate, in the case of another travel document issued on the basis of it.
(2) Where it is evidence of the name or surname or surname of the matrix issued by a foreign State, the applicant shall submit a matrix document issued by a special matrix. 13) The presentation of this document shall not be required in the case of the issue of a travel licence for the return of a citizen born abroad or in the case provided for by a special legislation or provided for by an international treaty.
(3) The authority responsible for issuing the travel document, amending or supplementing the data in the travel document shall suspend the proceedings unless the person authorised to submit the application demonstrates, within the time limit laid down by the decision to suspend the proceedings, the veracity of the information requested in the application or provides evidence for its detection.
Taking over the travel document
(1) The travel document may take over:
(a) a citizen over 15 years of age,
(b) a legal representative, a foster parent or a person who has been assigned to education under 15 years of age, a director of an institution for the exercise of constitutional education, which he cares for on the basis of a judicial decision on a citizen under 15 years of age, or the Office for International Law Protection of Children,
(c) a legal representative of a citizen who has been deprived of legal capacity or whose legal capacity has been restricted; or
(d) an authorised representative of a legal person established by the State, in the case of a diplomatic passport, service passport or other travel document issued for the performance of work abroad under an international contract.
(2) The persons referred to in paragraph 1 shall be required to appear in person for the receipt of the travel document to the authority to which they have applied for the issue of the travel document and, where appropriate, to another authority authorised to transmit the travel documents they have indicated in that application.
(3) The office of representative may waive the requirement of personal presence and send the travel document to its own hands, 13a) if the person referred to in paragraph 1:
(a) is in immediate danger of life, or a member of its family is in such danger;
b) is hospitalized and must be rushed back to the Czech Republic,
(c) is incapacitated; or
(d) is deprived of liberty and is to be expelled or extradited for prosecution in the Czech Republic, as decided by a court or other authority competent in criminal proceedings.
Denial of the issue and withdrawal of the travel document
The issue of a travel document to a citizen shall be refused or the travel document issued shall be withdrawn upon request.
(a) the court, where the enforcement of a judgment is ordered against a citizen,
(b) if there is a clear risk of a citizen destroying an execution on his way abroad;
(c) a criminal justice authority where criminal prosecution is brought against a citizen for an offence for which a custodial sentence of at least 3 years may be imposed; or
(d) the authority which executes or arranges the decision under special legislation, 14) where the citizen has not carried out a custodial sentence; That is not the case if he has been pardoned or has been barred.
(1) The authority responsible for issuing the travel document shall decide on the refusal or withdrawal.
(2) If a decision has been taken or if it is reasonable to expect a decision to be taken on the withdrawal of a travel document, the travel document may be detained by the authority responsible for issuing travel documents, police or other law enforcement authorities.
(3) The detention authority must issue a certificate to the holder of the travel document and send the travel document without delay to the competent authority responsible for issuing it, stating the reasons for the detention.
(4) The authority responsible for issuing the travel document shall decide whether the travel document is withdrawn or returned within 30 days of receipt of the notification of the travel document being detained.
(5) The appeal against the decision to withdraw the travel document shall not have suspensory effect.
The authority which has decided to refuse the issue or withdrawal of the travel document shall issue or return the travel document to the citizen at his written request if there is no reason for the refusal or withdrawal.
Where, under this law, the submission of an applicant pursuant to § 17 (2) to (10) on the basis of which the travel document is issued is fully complied with, amendments or additions to the particulars in this document shall be made or the travel document withdrawn shall be returned, no administrative decision shall be taken. 15)
The registration of a maritime book shall be subject to the provisions of Part One, Title 1, Part Two of this Act; a refusal to issue a travel document means refusing to register a maritime book, withdrawing the travel document to cancel the registration of a maritime book.
(1) The travel document expires
(a) by the end of the period indicated therein,
(b) reporting its loss or theft;
(c) the loss of citizenship, death or acquisition of legal power by the court of a decision declaring the holder of a travel document (hereinafter referred to as the holder) dead.
(2) The authority responsible for issuing the travel document shall decide on its expiry if:
(a) it is damaged in such a way that the entries therein are illegible or are impaired;
(b) contains incorrect information or changes made; or
(c) its holder has substantially changed its form (Paragraph 20 (2)).
Contents
ČÁST PRVNÍ
§ 1
HLAVA I
Díl 1
§ 2
§ 3
§ 4
§ 5
§ 6
§ 7
§ 8
§ 9
§ 10
§ 11
§ 12
§ 13
§ 14
§ 15
§ 15a
§ 16
Díl 2
§ 17
§ 18
§ 19
§ 20
§ 21
§ 22
§ 23
§ 24
§ 25
§ 26
§ 27
§ 28
Díl 3
§ 29
§ 30
§ 30a
§ 31
HLAVA II
§ 32
§ 33
§ 34
§ 34a
§ 35
§ 36
§ 37
HLAVA III
§ 38
§ 39
§ 39a
§ 40
§ 41
§ 41a
ČÁST ČTVRTÁ
§ 44
§ 45
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Regulation Information
| Citation | Full text of Act No. 36 / 2005 Coll., Act No. 329 / 1999 Coll., on Travel Documents and Amendment to Act No. 283 / 1991 Coll., on Police of the Czech Republic, as amended (Act on Travel 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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