What is Full text of Act No. 380 / 2008 Coll.?

Full text of Act No. 380 / 2008 Coll., Act No. 301 / 2000 Coll., on Matrices, Name and Surname and on the amendment of certain related laws, as resulting from subsequent amendments — Full text of Act No. 301 / 2000 Coll., on Matrices, Names and Surnames and on the amendment of certain related laws, as resulting from subsequent amendments.

When it became Full text of Act No. 380 / 2008 Coll. effectiveness?

Full text of Act No. 380 / 2008 Coll. became effective date not available.

Is Full text of Act No. 380 / 2008 Coll. still valid?

Yes, Full text of Act No. 380 / 2008 Coll. is still valid and effective.

Full text of Act No. 380 / 2008 Coll. - Full text of Act No. 301 / 2000 Coll., o...

380

PRESIDENT OF THE GOVERNMENT

announces the full text of Act No. 301 / 2000 Coll., on Matrices, Name and Surname, and on the amendment of certain related laws, as resulting from the amendments made by Act No. 320 / 2002 Coll., Act No. 578 / 2002 Coll., Act No. 165 / 2004 Coll., Act No. 422 / 2004 Coll., Act No. 499 / 2004 Coll., Act No. 21 / 2006 Coll., Act No. 115 / 2006 Coll., Act No. 165 / 2006 Coll., Act No. 342 / 2006 Coll.

THE LAW

about matrices, name and surname

Parliament has decided on this law of the Czech Republic:

ČÁST PRVNÍ

MOTHER, NAME AND RECEIVATION

HLAVA I

MOTHER

Díl 1

General provisions

§ 1

(1) Matrix is a state register of birth, marriage, registered partnership (hereinafter referred to as "partnership") and death of natural persons in the territory of the Czech Republic and birth, marriage, partnership and death abroad, if they are citizens of the Czech Republic (hereinafter referred to as "citizen").

(2) The matrix is divided into:

(a) the birth matrix for which the birth book is kept;

(b) a marriage matrix for which the marriage book is kept,

(c) the registered partnership matrix for which the registered partnership book is kept; and

(d) the death matrix for which the death book is kept.

(3) The book of birth, the book of marriage, the registered partnership and the book of death (hereinafter referred to as the "matrix book") is made up of pre-bound forms.

(4) The Registry shall include an alphabetical register (hereinafter referred to as the Register) of the birth, marriage, registered partnership and death of natural persons (hereinafter referred to as the Matrix Event).

Scope on the matrix section

§ 2

(1) The scope of the Matrica section and other activities provided for by this Act

(a) the matrix offices, which are the municipal authorities in the capital of Prague, the offices of the urban areas, the territorial subdivided statutory cities, the urban districts or the offices of the urban areas, and for the territory of the military departments1), which shall be designated and their administrative districts shall be defined by the Ministry of the Interior ("the Ministry") by means of implementing legislation;

(b) the municipal authorities of the municipalities with extended scope (hereinafter referred to as the "Office with extended scope"),

(c) regional authorities, in the capital of Prague and in the cities of Brno, Ostrava and Pilsen, the municipalities of these cities (hereinafter referred to as the Regional Office),

(d) the Ministry.

(2) The designation of the matrix office or its revocation or, where applicable, the change in the administrative district of the matrix office may be made only at the beginning of the calendar year, unless changes in the geographical breakdown of the State occur at another date.

§ 3

Matrix Office

(1) The Agency shall maintain:

(a) matrix books;

(b) collections of documents to the extent provided for by this law.

(2) The Matrix Office shall keep a register and a collection of documents for:

(a) the municipality in which it has its registered office and for the municipalities belonging to its administrative district as defined in the implementing legislation [Paragraph 2 (1) (a)];

(b) the territory of a military escape.

(3) In the capital city of Prague and in the cities of Brno, Ostrava and Plzeň, the Matrix Office is responsible for the registration and collection of documents for the urban part or urban district in which it is based and for other urban parts or urban districts in its administrative district as defined by the implementing legislation [§ 2 (1) (a)].

(4) Matrix books in which the birth, marriage, partnership and death of citizens abroad are recorded are managed by the Office of the City of Brno ("the Special Matrix").

(5) The management of matrix books and acts secured in connection with the management of matrix books are the performance of the state administration.

§ 4

Extended Authority

(1) The Office, with extended scope, shall carry out an inspection of the management of the matrix books and the collections of documents, at least once a year for all matrix offices in its territorial district.

(2) The Office, with extended scope, shall carry out verification (Paragraph 28) of birth, marriage certificate and death certificates and partnership documents (hereinafter referred to as the "Matrix Document"), a certificate of legal capacity to conclude a marriage, a certificate of legal capacity to enter a registered partnership and a certificate of the data entered in the Matrix Book and a certificate of the particulars contained in the Charter Collection and in the duplicate of the Matrix Book held by 31 December 1958, issued by the Matrix Authorities which are included in its administrative district.

(3) The Office shall keep and keep up to date a collection of documents and keep and keep up to 31 December 1958 the duplicate of the matrix books for the matrix offices listed in its administrative district.

(4) The Office with extended competence verifies the competence of a municipality employee, in the capital city of Prague, of a city employee or of the Ministry of Defence included in the Matrix Office (hereinafter referred to as the "Matrikár"), which is included in its administrative district, to keep a register of books and to carry out the tasks provided for in the management of the Matrix Books and Documents Collection (hereinafter referred to as the "test").

§ 4a

Regional Office

(1) The Regional Office shall carry out a check on the management of the matrix books and the collections of documents at the offices with extended competence in its administrative district, at least once a year.

(2) The Regional Office shall carry out the verification (Paragraph 28) of the Matrix Documents, the Certificate of Jurisdiction for Marriage, the Certificate of Jurisdiction for Entry into a Registered Partnership and the Certificate of Data entered in the Matrix Book and the Certificate of Data appearing in the Charter Collection and in the duplicate of the Matrix Book held until 31 December 1958, issued by the Matrix Authorities and by the Extended Authorities, which are included in its Administrative Circuit.

(3) The Regional Office shall maintain and update a collection of documents and shall keep and update the secondary notes of the matrix books kept until 31 December 1958 for offices with extended scope classified in its administrative district.

(4) The Regional Authority is conducting an Extended Authority Matrix Examination, which is the Matrix Office.

§ 4b

(1) The Ministry controls the exercise of delegated powers in the field of matrices, use and change of name and surname at the matrix offices, extended offices and regional offices.

(2) In order to carry out the checks referred to in paragraph 1, the provisions of the municipal body on the control of the exercise of delegated powers shall apply mutatis mutandis to the matrix authorities, the authorities with extended competence and the municipalities of the cities of Brno, Ostrava and Pilsen.

Entries in matrix books

§ 5

(1) The matrix book is written

(a) a matrix event;

(b) a decision on the declaration of nullity, or that marriage has not been created, divorce, revocation of partnership, a decision on the declaration that the partnership has not been created or is nullified, information on the adoption, determination of parentage, change of name or surname and other facts amending and supplementing the entries in the matrix book (hereinafter referred to as "matrix fact"), if the matrix event is recorded in the matrix book kept by the matrix office (§ 1) or in a special matrix (§ 3).

(2) Modifications and corrections to the entries in the matrix shall be made on the basis of public documents or other documents provided for by this law.

§ 6

(1) The entries in the matrix book are carried out in manuscript into pre-bound books.

(2) Matrix events, matrix facts, changes and repairs are simultaneously conducted by computer techniques.

§ 7

(1) The matrix entries referred to in Article 5 shall be made in an official room at the headquarters of the Registry upon receipt of the supporting documents or oral notification for their execution, no later than 30 days after receipt of such supporting documents or, where appropriate, oral notification.

(2) The extended Office or the Regional Office may, on a proposal from the Matrix Office, authorise the execution of the matrix entries referred to in paragraph 1, the issue of the matrix documents and the confirmation of the data entered in the Matrix ledger and outside the official room of the Matrix Office in another appropriate place where conditions are created.

(3) The Matrix Office shall ensure the protection of technical equipment and matrix books from the misuse of the data contained therein and from destruction or damage and shall keep the Matrix books for a specified period.

(4) Data in the matrix books are public.

§ 8

Collection of documents

(1) The Matrix Office shall keep the birth book, the marriage book and the death book a collection of documents for each calendar year separately. The list of documents shall consist of documents which serve as the basis for the matrix registration, its modification or correction.

(2) The Registry shall forward the collection of documents for the calendar year to the Office with extended competence or the Regional Office no later than the end of February of the following year.

(3) The Matrix Office shall transmit once a month to the Extended Authority or the Regional Authority for the purposes of the collection of documents or for the purpose of carrying out an additional registration of the Matrix Event, the Matrix Facts, the corrections or amendments to the duplicate of the Matrix Book held by 31 December 1958 and deposited with the Extended Authority or the Regional Office, the documents on which it has carried out the additional registration of the Matrix Event, the Matrix Facts, the corrections or changes to the original of the Matrix. If an additional registration of a matrix event, matrix facts, corrections or changes to the secondary matrix book held by 31 December 1958 is carried out, the matrix office shall send a written communication to the extended authority or regional authority, with the wording of the additional registration of the matrix event, matrix facts, corrections or amendments made to the original matrix book.

(4) In the case where the original of the matrix book and the secondary matrix book held until 31 December 1958 has already been submitted for archiving to the relevant national regional archive, in the capital city of Prague the archive of the capital of Prague (§ 23), paragraph 3 shall apply mutatis mutandis. The archive, which maintains the original matrix book, shall carry out an additional registration of the matrix event, matrix facts, corrections or changes to that original and shall subsequently send a written communication with the text of the additional registration of the matrix event, matrix facts, corrections or changes to the relevant national archive, in the capital city of Prague, the archive of the capital city of Prague, with which the secondary copy of the matrix book is stored until 31 December 1958, to carry out an additional registration of the matrix event, matrix facts, repairs or changes.

(5) The documents on which the extended office or regional authority has carried out an additional registration of the matrix event, the facts of the matrix, the corrections or amendments to the duplicate of the matrix books kept by 31 December 1958 are not included in the duplicates of the matrix books kept by 31 December 1958. They shall be kept separately from the duplicate of the matrix books kept until 31 December 1958 for each calendar year separately in the folder, indicating the reference to the relevant original of the matrix book in which the additional registration of the matrix event, the matrix facts, the corrections or amendments were made. The minutes shall be dated and signed by the staff member of the Office with extended competence or by the regional authority responsible for the activities in the matrix section.

(6) The Charter, on the basis of which it was the national regional archive, in the capital city of Prague, was the archive of the capital city of Prague, carried out an additional registration of the matrix event, the matrix facts, the corrections or changes to the originals of the matrix books, the archive will be transmitted to the respective national regional archive, the archive of the capital city of Prague, which shall be kept by the duplicate of the matrix books held by 31 December 1958 or the collection of documents. The documents shall not be included in the duplicates of the matrix books kept until 31 December 1958. They shall be kept separately from the duplicate of the matrix books kept until 31 December 1958 for each calendar year separately in the folder indicating the reference to the relevant original of the matrix book in which the supplementary entry of the matrix event, the matrix facts, the corrections or changes are made. The registration shall be dated and signed by the archivist.

(7) The Extended Authority and the Regional Authority keep and keep up to date a collection of documents and duplicates of matrix books kept until 31 December 1958. These authorities are required to ensure the protection of the collection of documents and duplicates of matrix books held until 31 December 1958 from misuse of data and from destruction or damage.

(8) The Office with extended scope or the Regional Office shall issue a certificate of the data contained in the collection of documents it maintains or in a duplicate of the matrix book kept by it until 31 December 1958, to the person who certifies the legal interest, if the information cannot be ascertained from the matrix book or a statement of objection to the correctness of the registration in the matrix book. The Matrix Office shall issue a certificate of the data contained in the collection of documents it maintains to the person who certifies the legal interest if the information cannot be ascertained from the matrix book or a statement of objection against the correctness of the registration in the matrix book.

(9) The Office with extended scope or the Regional Authority shall allow access to the collection of documents or a copy of the matrix kept up to 31 December 1958 and make extracts thereof in the presence of the Office's extended scope or of the county employee

(a) the natural person to whom the registration relates, or members of his family, his siblings and authorised representatives;

(b) for the official use of public authorities.

(10) In the event of adoption, only the adopters may consult the collection of documents or a duplicate of the matrix book held up to 31 December 1958, and, when maturity has been achieved, the adopter.

(11) The Matrix Office, the Extended Authority or the Regional Office shall issue a photocopy of the collection of documents or a verbatim extract from the duplicate of the Matrix Book held until 31 December 1958, which may also be obtained by photocopy of the Matrix Register, for the official use of the State authorities or for the exercise of the delegated powers of the authorities of the local authorities.

(12) For the purposes of this Act, a spouse, parents, children, grandparents, grandchildren and grandchildren shall be considered members of the family.

§ 9

Matricide

(1) Matrikár can be a citizen who is an employee of the municipality, in the capital city of Prague an employee of the city, who has the competence of the Matrikář office, who has proved professional knowledge by examination at the Office with extended competence or the Regional Office, or by examination of special competence on the section of the Matrica and citizenship under a special law 1a).

(2) The expert shall demonstrate competence by a certificate of examination issued by the Office with extended competence or by the Regional Office. The content of the test shall be the verification of the knowledge of the legislation relating to the matters of matrices, names and surnames and citizenship, the verification of the conformity of a copy or a copy with the instrument and the authenticity of the signature and other legislation relating to the activities of the matrices, and the verification of the skills of the use of computing.

(3) The employer will allow the matrix to train for and carry out the test.

(4) If the candidate fails the test, the test may be repeated twice. The re-examination may be carried out not earlier than 60 days and not later than 90 days after the date of the test at which the tenderer failed.

(5) Matrikár, and also if necessary for the performance of their duties, Mayor, Deputy Mayor, Mayor, Mayor of the City of Prague and Deputy Director, authorised representative of the City of Prague, the City of Prague or the City of Prague or the City of Prague or the City of the City of the City of Prague, or the City of Prague or the City of Prague or the City of Prague or the City of Prague or the City of Prague, have access to the personal data contained in the books and collections of documents; they are required to remain silent about these particulars (2), even after their duties have ceased.

(6) In the performance of the matrix activity, the matricorn and the Registrar of the Matrix Office have the status of a public official.

Jurisdiction of the matrix office for registration of the matrix event

§ 10

(1) The Registry shall be responsible for the registration of birth and death in the matrix book, in whose administrative district the natural person was born or died.

(2) If there is no evidence of the birth or death of a natural person, the registration shall be carried out by the registry office in whose administrative district the born or deceased natural person has been found.

(3) Where a natural person is born or dies in a means of transport, the birth or death shall be recorded by the Registry in whose administrative district the natural person has been unloaded from the means of transport.

(4) The Office of the City of Prague 1 is responsible for the registration of the court's decision to declare a natural person dead.

§ 11

It is responsible for the registration of marriage by the Registry, in whose administrative district the marriage was concluded (3).

§ 12

The Matrix Office may, at the request of the bridesmaids, authorise the conclusion of a marriage at any appropriate place in its administrative district or outside the period fixed by the council of the municipality.

§ 13

(1) In order to issue a certificate that the fiancé has fulfilled all the requirements for the conclusion of a church marriage (hereinafter referred to as "certificate") (4), the competent matrix office in whose administrative district the marriage is to be concluded) is responsible.

(2) The certificate shall be issued by the Registry in duplicate.

Díl 2

Minutes of birth, marriage and death

Book of Birth

§ 14

(1) To be entered in the birth book

(a) the name and, where appropriate, the name and surname of the child;

(b) the day, month and year of birth of the child;

(c) the birth number, place of birth and sex of the child;

(d) the name and, where applicable, the name, surname and, where applicable, surname, date and place of birth, birth number, citizenship and place of residence of the parents;

(e) the date of registration and the signature of the Registry.

(2) The information referred to in paragraph 1 (d) shall not be entered in the birth book where the mother of the child has applied for the secrecy of her person in connection with the porenad4a).

(3) The entry into the birth book shall be made:

(a) on the basis of a written report of the birth of a live or dead child (5); or

(b) on the basis of an oral notification of the birth of a child outside a health facility, provided that his mother was not subsequently provided with health care; a registration shall be drawn up by the Registry with the notifier of such notification.

(4) The written report of the birth of a child whose mother has requested the secrecy of her person in connection with the birth contains information that this is such a case.

(5) Upon oral notification, the notifier shall demonstrate its identity.

(6) If the notifier is deaf, or mute, or if he makes a notification in a language other than Czech or Slovak, the presence of interpreter6 is required).

§ 15

(1) Birth must be notified to the Matrix Office of the medical institution in which the birth was terminated; If the birth has not been completed in a health care institution, the doctor who was the first to provide health care during or after birth shall notify the birth.

(2) If no notification has been made pursuant to paragraph 1, the birth shall be notified to the Registry by one of the parents or, where appropriate, his legal representative, or by a court appointed guardian.

(3) If no notification has been made pursuant to paragraph 1 or 2, the birth shall be notified to the Registry by the natural person who has become aware of the birth.

(4) The notification referred to in paragraphs 1 and 2 shall be made no later than 3 working days after the birth of the child. The mother shall make the notification no later than 3 working days after she is able to make the notification. The natural person referred to in paragraph 3 shall make the notification within 3 working days of the date on which he became aware of birth.

§ 16

(1) To be entered in the book of birth of a child born during marriage, one of the parents

(a) marriage certificate;

(b) an identity card, or a travel document, or a residence permit for a stranger, if it has been issued;

(c) a parent's declaration of agreement on the name and, where appropriate, the child's names;

(d) a parent's declaration of the child's surname if the child's surname is not shown on the child's parents' marriage certificate;

(e) where appropriate, any other documents needed to establish or verify the accuracy of the particulars entered in the birth book.

(2) To be entered in the book of birth of a child born outside a marriage whose father is not known, the mother shall submit:

(a) a statement of the name and, where appropriate, the names of the child;

(b) birth certificate,

(c) a final judgment on divorce, whether the mother of the child is divorced or the death certificate of the spouse, if the mother of the child is widowed,

(d) an identity card, or a travel document, or a residence permit for a foreigner, if issued;

(e) where appropriate, any other documents needed to establish or verify the accuracy of the particulars entered in the birth book.

(3) To be entered in the book of birth of a child born outside a marriage for which paternity has been determined, one of the parents should submit:

(a) the parent's consent declaration on the name and, where appropriate, the child's names;

(b) the parent's consent declaration on the determination of paternity and, where appropriate, the court's decision on the determination of paternity to the child;

(c) birth certificate of the mother and father of the child,

(d) the final judgment on divorce, whether the mother of the child is divorced or the death certificate of the spouse, if the mother of the child is widowed,

(e) the identity card or travel document or the residence permit of a stranger, if issued;

(f) where appropriate, other documents necessary to establish or verify the accuracy of the particulars entered in the birth book.

(4) In cases of special consideration, in particular for a person requesting international protection within the territory of the Czech Republic, the Registry may allow the replacement of the documents referred to in paragraphs 1, 2 and 3 by an honorary declaration of parents or one of them.

§ 17

(1) The entry into the birth register of a child whose mother has requested the secrecy of her person shall be made in accordance with the report of the medical institution in which the birth was terminated, containing the information referred to in Article 14 (1), and the information referred to in Article 14 (1) (d) shall not be entered in the birth book.

(2) The entry of the child's unidentified identity shall be carried out in the birth book in accordance with the results of the investigations carried out by the police authorities and the doctor's report containing the sex communication and the likely date of birth of the child. The result of the investigation and the report of the doctor shall be transmitted to the Registry by the police authority conducting the investigation (7).

(3) If it is not possible to establish the date of birth of the child, the Registry shall notify the court thereof and the date of birth shall be determined by the court.

(4) If it is not possible to identify the place of birth of the child after further investigation, the registration, additional registration, additional record and correction of registration shall be indicated as the place of birth as the registered office of the matrix office responsible for the registration of birth in the matrix book.

§ 18

(1) The name or, where appropriate, the name of the child shall be entered in the register in accordance with the parents' consent declaration; If one parent is not known or is deprived of parental responsibility by the final decision of the court, or suspended from exercising parental responsibility, or the parent is deprived of legal capacity by the final decision of the court, or is restricted to legal capacity, the name or, where appropriate, the child's name shall be entered in accordance with the declaration of the other parent, otherwise in accordance with the final decision of the court.

(2) Two names may be registered which may not be the same; a child who is not a citizen and whose parents do not have citizenship of the Czech Republic can be registered by more names. Paragraph 1 shall apply mutatis mutandis.

(3) The corresponding declaration is also the written declaration by the parents made in the medical institution on the prescribed form.

(4) The Registry shall not enter the name or names in the birth book and shall notify the court thereof if the parents:

(a) they shall not agree on the name or, where appropriate, the names of the child within one month of the birth of the child; or

(b) it does not designate a child's name within one month of the birth of the child; or

(c) determine the child's name and, where appropriate, the names which cannot be entered in the birth book; or

(d) are unknown.

§ 19

(1) The birth book shall include the common surname of the parents, or, if the surnames differ, the surname of one of them, as determined by the marriage agreement. If there is no agreement on the child's surname on the parent's marriage certificate, the child shall be registered with the surname on which the spouses (parents) agreed to use.

(2) A child whose parents have not married and have different surnames shall be registered in accordance with the parent's agreement in determining paternity by a declaration of consent of the parents, or in accordance with the final judgment of the court determining paternity. The agreement may specify the surname which, at the time of the agreement, has one parent or child. A child who is not a citizen and whose parents do not have citizenship of the Czech Republic shall be registered as a surname according to the parent agreement. For a child over 15 years of age, his consent shall be attached to this Agreement. This Agreement shall not be amended.

(3) A child who is born before the expiry of the third day following the death of the marriage or his final declaration of invalidity shall be registered as the last name agreed upon by the spouses at the time of the marriage, unless the mother has concluded a new marriage (8).

(4) If the father of the child is not known, the birth book shall include the surname of the mother who has the child at the time of birth.

(5) If parents cannot reach an agreement on the child's surname, the surname shall not be entered in the birth book and the Registry shall notify the court thereof.

The Book of Marriage

§ 20

(1) In the book of marriage are written

(a) the names, surnames and surnames, where appropriate, the date, month, year and place of birth, birth numbers, personal status and citizenship of men and women who have entered into marriage (hereinafter referred to as "spouses"),

(b) the day, month, year and place of marriage;

(c) the names and surnames and, where appropriate, the surname, date, month, year and place of birth of the parents of the spouses;

(d) the agreement of the spouses for the surname and, in the event that the spouses retain their surname, the agreement of the surnames of the children in male and female form;

(e) the names, surnames and birth numbers of the witnesses; if there is a stranger who has no birth number, date and place of birth,

(f) the date of registration and the signature of the Registry.

(2) Entry into the book of marriage shall be made on the basis of the Protocol on the conclusion of marriages (§ 40). The registration shall be verified by the Registry from the documents necessary for the conclusion of the marriage (Sections 33 to 38).

Death Book

§ 21

(1) To be entered in the book of death

(a) the day, month, year and place of death;

(b) the name and, where appropriate, the name, surname and surname, date, month, year and place of birth, birth number, personal status, sex, nationality and permanent residence of the deceased;

(c) the name and / or the name, surname and / or surname of the living spouse (8a),

(d) the date of registration and the signature of the Registry.

(2) Entry into the Death Book shall be made on the basis of:

(a) a death certificate; or

(b) a final decision by the court to declare a natural person dead (Paragraph 10 (4)).

(3) On the death certificate, he is required to report death within 3 days of the medical examiner).

§ 22

(1) The entry of the death of a natural person of unidentified identity shall be made in the death book on the basis of the death certificate.

(2) If it is not possible to identify the place of death of a natural person after the subsequent investigation, the registration, the supplementary registration, the additional entry and the correction of registration as the place of death shall be indicated as the registered office of the matrix office responsible for the registration of the death in the matrix book.

(3) If the date of death of a natural person cannot be established after the subsequent investigation, the Registry shall notify the court thereof and the date of death shall be determined by the court.

§ 23

Time of storage of the matrix book and collection of documents

(1) Matrix books shall be kept after the last entry has been made at the Registry:

Citation	Full text of Act No. 380 / 2008 Coll., Act No. 301 / 2000 Coll., on Matrices, Name and Surname and on the amendment of certain related laws, as resulting from subsequent amendments
Regulation Type	Declared full text
Author	-
Collection	Code of Laws

Date of Promulgation	20.10.2008
Effective from	-
Effective until	-
Status	Valid

Full text of Act No. 380 / 2008 Coll.

Full text of Act No. 301 / 2000 Coll., on Matrices, Names and Surnames and on the amendment of certain related laws, as resulting from subsequent amendments

Contents