Act No 414 / 2023 Coll.
Act amending Act No. 301 / 2000 Coll., on Matrices, Name and Surname and on the Amendment of Certain Related Laws, as amended, Act No. 89 / 2012 Coll., Civil Code, as amended, and other Related Laws
Valid
Law
Effective from 01.01.2024
Zobrazeno prvních 200 z celkem 495 ustanovení tohoto předpisu.
Zobrazit celý předpis →
Pro stažení celého znění použijte tlačítko Stáhnout výše.
414
THE LAW
of 11 December 2023
amending Act No 301 / 2000 Coll., on Matrices, Name and Surname and on the Amendment of Certain Related Acts, as amended, Act No 89 / 2012 Coll., Civil Code, as amended, and other Related Acts
Parliament has decided on this law of the Czech Republic:
Amendment of the Matrix Act, name and surname
Act No. 301 / 2000 Coll., on Matrices, Name and Surname and Amendment to Certain Related Acts, as amended 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. 2019 / 2004 Coll., Act No. 21 / 2006 Coll., Act No. 115 / 2006 Coll., Act No. 165 / 2006 Coll., Act No. 101 / 2014 Coll., Act No. 342 / 2006 Coll., Act No. 142 / 2008 Coll., Act No. 142 / 2012 Coll.
3. Article 1a shall be deleted;
6. In Article 2, at the end of paragraph 1, the dot is replaced by "a 'and the following point (e) is added:
"(e) representative offices of the Czech Republic, with the exception of consular offices managed by honorary consular officers."
8. Paragraph 3 is deleted.
Paragraphs 4 to 6 shall become paragraphs 3 to 5.
10. In Article 4 (1), the words "carrying out a check on the management of matrimonial books and collections of documents' are replaced by the words" controlling the exercise of delegation on the matrix section 'and the word "annual' is replaced by the words" after 2 years'.
11. in Article 4 (2), the words "verbatim statements of matrix books, declarations of paternity," shall be inserted after the words "the matrix document."
13. in Paragraph 4a (1):
"(1) In its administrative district, the Regional Authority checks the power of delegation on the matrix section and the use and change of name and surname
(a) offices with extended scope at least once every 3 years; and
(b) matrix offices at least every 6 years. "
14. in Article 4a (2), the words "verbatim statements of matrix books, statements of paternity," shall be inserted after the words "documents."
15. In Paragraph 4a, the words "or, in the case of a member of the municipal council 'shall be added at the end of the text of paragraph 4.
19. in Article 5 (1) (b), the words "marriage has not been created" shall be replaced by the words "marriage is not" and the words "declaration that partnership has not been created" shall be replaced by the words "partnership is not."
20. In Article 5, at the end of paragraph 2, the words "or other facts resulting from the law 'shall be added.
22. in Article 6 (2), the words "additional entries" shall be inserted after the words "matrix facts," and at the end of the text of the paragraph the words "so that data can be shared in a format established by the national standard for electronic matrix management" shall be added.
26. In the first sentence of Article 8 (1), the words "the book of birth, the book of marriage and the book of death and the registration of the Matrix Office for the Book of Partnership 'shall be replaced by the words" each matrix book'.
27. in Paragraph 8 (1), the words ", an expert opinion proving fatherhood under the Act on Citizenship of the Czech Republic 31) and the documents necessary to verify the accuracy of the data entered in the Matrix Book" shall be added at the end of the last sentence.
footnote 31 reads as follows:
"31) § 7 (2) of Act No. 186 / 2013 Coll., on citizenship of the Czech Republic and on the amendment of certain laws (Act on citizenship of the Czech Republic)."
28. in Article 8a (1) (a), the words "to her siblings and to their agents" shall be deleted;
29. in Article 8a (1) (b) and Article 25 (1) (b), the words "the Czech Republic" shall be inserted after the words "the State authorities."
30. in Article 8a (1), the word "or" shall be deleted at the end of (c);
31. in Article 8a (1) (d) and Article 25 (1) (d), the words "authorities of the State" shall be replaced by the words "authorities of the Czech Republic."
32. In Paragraph 8a, at the end of paragraph 1, the dot is replaced by "or 'and the following point (e) is added:
"(e) a person who proves that this is necessary for the exercise of legal rights abroad."
33. Paragraph 8a (2) is deleted.
Paragraphs 3 to 6 shall become paragraphs 2 to 5.
34. in Paragraph 8a (2):
"(2) In the event of adoption, only the adopters may consult the collection of documents or a duplicate of the matrix book held until 31 December 1958 and make extracts in the presence of the matrix and, after the completion of 12 years, the adopted person, unless the court has decided to protect the blood parent and his consent to be adopted; if the court has decided to protect the blood parent and his consent to be adopted, he may consult the record only after having acquired full independence. Only such persons may be issued a certificate of the particulars contained in the instrument collection or in the duplicate of the matrix kept until 31 December 1958. '.
35. in Paragraph 8a (3), the words "and to make extracts in the presence of a matrix" shall be inserted after the words "and at the end of the text shall be added the words" and shall only be given a certificate of the particulars contained in the list of documents. "
36. In Article 8a (4), the word "z 'shall be inserted after the word" copy' and the words "for the official use of the public authorities or the exercise of the delegation of the authorities of the local authorities' shall be replaced by the words" to the persons referred to in paragraph 1; paragraphs 2 and 3 shall apply mutatis mutandis'.
37. In Paragraph 8a, the following paragraph 5 is inserted after paragraph 4:
"(5) The signature must be officially authenticated if the person referred to in paragraph 1 (a), (c), (d) or (e) or in paragraphs 2, 3 or 4 so requests by an agent.
(a) an authorization to consult and make extracts of documents or duplicates kept until 31 December 1958,
(b) the issue of a certificate of the particulars contained in the collection of documents kept by it or in a duplicate of the matrix kept by 31 December 1958; or
(c) a copy of the list of documents or a verbatim extract from the duplicate of the matrix book held until 31 December 1958. ';
Paragraph 5 shall become paragraph 6.
38. In Paragraph 8a (6), the word "siblings' shall be inserted after the word" children '.
39. in Paragraph 10 (3), the words "and if it is not possible to comply with paragraph 1" shall be inserted after the words "means of transport."
40. in Article 11a (1) (b), the words "or vice-mayor" shall be replaced by the words "vice-mayor or authorised representative" and the words "if one of the bridesmaids is registered for permanent residence in his administrative district," shall be deleted;
41.In Paragraph 11a, the following paragraph 2 is inserted after paragraph 1:
"(2) Fibres may show their will to marry, even before a Member or Senator, in the administrative district of any matrix office. A written declaration by a Member or Senator to accept their declaration of marriage shall be submitted by the fiancé to the Registry together with the form provided for in Rule 32. ';
Paragraphs 2 to 4 shall become paragraphs 3 to 5.
42. in Article 11a (3), the words "and 2" shall be inserted after the words "1."
43.In Paragraph 11a, the following paragraph 4 is inserted after paragraph 3:
"(4) The requirement for the presence of a matrix maker shall be deemed to be fulfilled even if the devotee has the professional competence of a matrix holder pursuant to Article 9 (1). In the event of the conclusion of a marriage as referred to in the first sentence, the fiancé must submit a certificate to the marriage that the spouses have fulfilled all the requirements for the conclusion of the marriage. Within three working days of the conclusion of the marriage, the defendant shall be obliged to deliver to the Registry in whose administrative district the marriage was concluded a protocol on the conclusion of the marriage. '
Paragraphs 4 and 5 shall become paragraphs 5 and 6.
44. in Article 11a (5), the words "and time" shall be inserted after the word "place."
45. in Article 11a (6), the words "cities or" shall be replaced by the words "cities," and after the words "offices," shall be inserted the words "Members or Senators,"
46. In Article 12, the words "or outside the period laid down by the council of the municipality 'are replaced by" and at any appropriate time'.
47. In the first sentence of Paragraph 13 (1), the word "church" and the words "(hereinafter referred to as" certificate ") shall be deleted."
footnote 4 is deleted.
48. In the second sentence of Paragraph 13 (1) and the last sentence, the word "this' shall be inserted after the word" issue '.
49. In Article 13 (2), the words "that the spouses have fulfilled all the requirements for the marriage 'shall be inserted after the words" the certificate', and at the end of the paragraph, the sentence "The latter has complied with all the requirements for the marriage shall be valid for 6 months from the date of its issue '.
50. in Article 13a (1), the word "registering" shall be deleted and the words "in whose administrative district a partnership has been established" shall be added at the end of the text.
51. in Article 13a (2), the word "registering" shall be replaced by "any."
52. Paragraph 13a (3) reads as follows:
"(3) The Matrix Office shall accept a declaration of entry into the partnership at its designated place in its administrative district and at its designated time. ';
53.In Article 13a, the following paragraph 4 is added:
"(4) The Authority may, at the request of persons entering the partnership, authorise entry into the partnership at any appropriate place in its administrative district and at any appropriate time. ';
54. Paragraph 14 (6), including footnotes 32 and 33, reads:
"(6) If the notifier is deaf, deaf or dumb, or if he makes a notification in a non-Czech or Slovak language, the presence of interpreter32) or media33) (hereinafter referred to as" the interpreter ') is required. The Authority shall ensure the presence of an interpreter to the deaf, deaf, blind or silent notifier; the provisions of the Administrative Code on the rights of a deaf or deaf person shall apply mutatis mutandis. In other cases, the notifier shall ensure the presence of the interpreter at its own expense.
32) Act No. 354 / 2019 Coll., on Judicial Interpreters and Judicial Translators, as amended by Act No. 166 / 2020 Coll.
33) Article 16 (5) of Act No. 500 / 2004 Coll., Administrative Regulation, as amended by Act No. 384 / 2008 Coll. '
footnote 6, including references thereto, is deleted.
55. In Article 16, the following paragraph 4 is inserted after paragraph 3:
"(4) The health service provider shall, together with the notification referred to in Article 15 (1), send the documents or documents referred to in paragraphs 1 to 3, or copies thereof, if they have been submitted to it. ';
Paragraphs 4 to 6 shall be renumbered paragraphs 5 to 7.
56. Paragraph 16 (6) reads:
"(6) If a parent is deaf, deaf-blind, mute or does not speak or understand Czech or Slovak, the presence of an interpreter is necessary for a parent's consent to determine paternity; Article 14 (6), second and third sentences shall apply mutatis mutandis. ';
57. In Article 16, the following paragraphs 7 and 8 are inserted after paragraph 6:
"(7) Consent of parents on the determination of paternity before the Matrix Office or the representative office of the Czech Republic cannot be made during the ongoing legal proceedings for the determination of paternity to the same child. When the parents agree to declare paternity by signature, they shall confirm that they did not designate paternity to this child before another Matrimonial Office, the representative office of the Czech Republic or before a court, nor that they are not aware of the legal proceedings for determining paternity to that child.
(8) If paternity has been determined by a parent's declaration of consent to a child already born, the Matrix Office or the representative office of the Czech Republic, before which paternity was so determined, shall forward the parent's declaration to the matrices responsible for the registration of the birth of the child without delay. "
Paragraph 7 shall become paragraph 9.
58. The following Section 16a is inserted after Section 16, including footnote 34:
(1) The declaration of the spouse of the mother of the child, or of her ex-husband, of the husband who claims to be the father of the child, and of the mother of the determination of paternity to the child, which was born between the time of the divorce proceedings and the third day following the divorce or the declaration of invalidity of the marriage, shall be made before any matrix office or representative office of the Czech Republic, except in the cases provided for in the Civil Code (34).
(2) The spouse of the mother of the child or, where appropriate, her ex-husband, the man who claims to be the father of the child, and the mother of the child, shall at the same time confirm by her signature that they have no longer made a statement before another mother's office, the representative's office of the Czech Republic or before the court, nor that they are not aware of the legal proceedings for determining the paternity of that child.
(3) To be entered in the birth book of a child for whom paternity has been determined in accordance with paragraph 1, the mother of the child or her ex-husband shall submit a final judgment on the divorce of the marriage or declaration of invalidity.
34) Article 780 of the Civil Code, as amended. '
59. In Article 17 (3), the words "and the date of birth of the child shall be determined by the court 'shall be replaced by the words" which shall determine the date of birth of the child without delay' and the sentence "The date of birth of the child by the court shall be entered in the birth book 'shall be added at the end of the paragraph.
60. In Paragraph 18 (1), the words "is deprived of parental responsibility or the exercise of his parental responsibility in this field is restricted or suspended 'are replaced by the words" or is deprived of the right to determine the name, names and surnames of the child'.
61.Paragraph 18 (3) reads:
"(3) The corresponding declaration of the name and, where appropriate, the names shall be:
(a) a written declaration from the parents made to the health service provider on the prescribed form;
(b) a written declaration of paternity pursuant to Article 16a; or
(c) a written declaration made by the parents in agreement on the determination of paternity to an unborn child or to a born child not registered in the matrix. ";
62. In Article 19, the following paragraph 2 is inserted after paragraph 1:
"(2) A child whose parents have not married and have different surnames shall be registered on the basis of the consent declaration or under the agreement of the parents after the legal authority of the judgment of the court of determination of paternity. '
Paragraphs 2 to 6 shall become paragraphs 3 to 7.
63.In Paragraph 19 (3), the first sentence is deleted.
64. In the third sentence of Article 19 (3), the words "a child over 15 years old 'are replaced by the words" a minor who is not fully entitled, hereinafter referred to as "a minor child', older than 12 years old '.
65. In Paragraph 19, the following paragraph 7 is inserted after paragraph 6:
"(7) If he denies paternity, the minor shall be entered in the birth book of the mother's surname at the time of the additional entry. If a minor has completed 12 years, this change may be a statement of the child or a statement of the mother with the consent of the child. '
Paragraph 7 shall become paragraph 8.
66. In Article 21, the following paragraph 4 is added:
"(4) Upon registration of the death of a stranger to whom no matrix document has yet been issued by the Registry, his or her name and surname shall be indicated in the form indicated in Latin in his travel document. '
67. In Paragraph 22, the following paragraph 3 is inserted after paragraph 2:
"(3) If it is not possible to identify the place of death of a natural person who died in a means of transport after further investigation, the registration, additional registration, additional record and correction of registration shall be indicated as the place of death as the registered office of the matrix office responsible for the registration of the death in the matrix. ';
Paragraph 3 shall become paragraph 4.
68. In Article 22 (4), the words "and the date of death shall be determined by the court 'shall be replaced by the words" on the basis of which the court shall immediately initiate proceedings for the determination of the date of death' and the sentence "The court designated the date of death of the natural person shall be entered in the death book 'shall be added at the end of the paragraph.
69. In Article 24 (1), the words "indicated on the date of issue of the matrix document 'shall be inserted after the words" the book'.
71. in Article 25 (1) of the introductory part of the provision, the words "extracts thereof" shall be replaced by the words "extracts thereof";
72.In Paragraph 25 (1) (a), the words "to her siblings and to their agents" shall be deleted.
73. In Paragraph 25, at the end of paragraph 1, the dot is replaced by "or 'and the following point (e) is added:
"(e) a person who proves that this is necessary for the exercise of legal rights abroad."
74. Paragraph 25 (2) to (4) reads as follows:
"(2) In the event of adoption, only the adopters may consult the registration in the matrix book and make extracts thereof in the presence of the matrix, and, after the completion of the 12-year period, the adopter, unless the court has decided to conceal the blood parent and his consent to be adopted; if the court has decided to protect the blood parent and his consent to be adopted, he may consult the record only after having acquired full independence.
(3) The birth of a child in a matrix book, whose mother has applied for the secrecy of her person in connection with the birth of 22), may be consulted and made out in the presence of a matricide only by the mother of the child and, after 12 years, by the child.
(4) The Matrix Office shall issue a birth certificate of the child at the request of an establishment for the performance of constitutional or protective education, an establishment for children requiring immediate assistance or the natural person responsible for raising the child, provided that the child has been entrusted to the care of that establishment or to a person entrusted under a judgment of the Court. ';
75. in Article 25 (5), the word "physical" shall be deleted;
76. in Article 25 (6), the words "paragraph 5 and Article 25a (1) (a)" shall be replaced by the words "paragraph 5";
78.Paragraph 25 (7) and (8) reads as follows:
"(7) The matrix office shall issue a certificate of the data entered in the matrix book deposited with the matrix office and a verbatim extract from the matrix book, which may also be obtained by copies of the matrix entry, to the person referred to in paragraph 1; paragraphs 2 and 3 shall apply mutatis mutandis.
(8) The signature in force shall be officially authenticated if the person referred to in paragraph 1 (a), (c), (d) or (e) or in paragraphs 2, 3, 5, 6 or 7 so requests by an agent.
(a) the issue of the matrix document;
(b) permission to consult and extract the matrix in the presence of the matrix;
(c) issuing a certificate of the particulars entered in the matrix book; or
(d) the issue of a literal statement from the matrix book. ';
Article 79 (25a) shall be deleted;
8. in Article 25b (1), the words "or the literal extract from the matrix book" shall be inserted after the word "document," and the words "at the end of the text shall be added"; for entries in the matrix book led by a special matrix, these time limits shall be calculated from the matrix event. "
81. In Article 25b (2), the words "or a copy of the list of documents or a verbatim extract from the duplicate of the matrix kept up to 31 December 1958, which may also be obtained by means of a copy of the matrix," shall be inserted after the words "the matrix."
83. In the first sentence of Paragraph 26 (2), the word "hers' shall be inserted after the word" be '.
84. In the last sentence of Paragraph 26 (2), the word "marked 'shall be replaced by" entered in the additional entry'.
Article 26 (3) reads as follows:
"(3) At the request of a citizen who is a member of a national minority whose name or names, if any, and surnames are entered in a matrix book in a Czech language or in a non-Czech language, or at the request of his legal representatives, his or her name and surname in a matrix document shall be indicated in the language of the national minority by the characters rewritten in the form in which they are displayed in the public administration information systems. If one parent is not known or is deprived of the right to determine the name or, where appropriate, the name and surname of the child, the name or, where applicable, the names of the minor child shall be entered as requested by the other parent. If a minor is older than 12 years of age, the application shall be accompanied by his consent, without which his or her name or names may not be mentioned, and the surname in the matrix document in the language of the national minority. If it is the common surname of the spouses, the surname shall be indicated in the language of the national minority only with the consent of the second spouse or, where applicable, their minor child older than 12 years of age, and the change shall apply to the second spouse and their minor children.
86. in Paragraph 26, the following paragraphs 4 to 6 are inserted after paragraph 3:
"(4) Where doubts arise as to the correct spelling of the name or surname, the applicant shall submit to the Registry the technical evidence from the public research institution whose activity is research in the field of language, or an expert opinion. In the matrix book, the additional record shall indicate that a matrix document has been issued, indicating the name or names, as appropriate, and the surname in the language of the national minority. Other matrix documents shall be issued with the name and / or the names, as appropriate, and the surname in this form.
(5) The application referred to in paragraph 3 may be lodged with any matrix office.
(6) An application under paragraph 3 may be submitted only once. Any further request for the same name or surname in the language of another national minority shall be considered as a request to change the name or surname. ';
Paragraph 4 shall become paragraph 7.
90. in Article 30a (f), the word "registrar" shall be deleted;
93. In Paragraph 35, the following paragraph 2 is inserted after paragraph 1:
"(2) Where the fiancé or the person wishing to enter a partnership is a stranger and is permanently present in a State other than that of which he is a citizen, the document referred to in paragraph 1 (d) and from that State shall be attached to the prescribed form referred to in paragraph 32. ';
Paragraphs 2 to 5 shall be renumbered paragraphs 3 to 6.
94. In the first sentence of Article 35 (3), the words "the European Union, a citizen of another Contracting State of the Agreement on the European Economic Area," shall be replaced by the words "a Member State of the European Union, a Contracting State of the Agreement on the European Economic Area or the Swiss Confederation (" a Member State of the European Union ")."
95.In Paragraph 35 (6), the words "Registration of Matrix 'are replaced by the words" Matrix' and the words "requesting international protection on the territory of the Czech Republic or being an asylum seeker or beneficiary of supplementary protection 'are deleted.
96. In Paragraph 36, the words "citizenship (" homeless') 'are replaced by the words "nationality'.
97. In Paragraph 37, the words "underage who is not fully self-employed and completed 'are replaced by the words" underaged child who completed' and the text '(Paragraph 32) are deleted.
98.
(1) The declaration of marriage or entry into partnership shall be made in:
(a) in the Czech language; or
(b) the language of the national minority, if, in the last two censuses of the people, at least 10% of the citizens of the municipality in whose territory the declaration is made have always applied for that nationality, and if the two fiancé or persons wishing to enter the partnership so agree, and the marriage and matrimonial control the language of that national minority; the protocol on the conclusion of marriage and the protocol on entry into partnership shall always be drawn up in the Czech language.
(2) If the fiancé or the person who wishes to enter a partnership is deaf, deaf-blind, mute or does not speak or understand the language in which the declaration of marriage or entry into a partnership is made, the presence of an interpreter is required when the declaration of marriage or entry into a partnership is made; Article 14 (6), second and third sentences shall apply mutatis mutandis. ';
99. In Paragraph 40, the words "in his presence 'shall be added at the end of the text of point (d).
100. In Paragraph 43, the following paragraph 2 is inserted after paragraph 1:
"(2) In the case of the registration of the birth of a child who is less than 1 year old on the date on which the application for registration is submitted, instead of the proof of citizenship of the Czech Republic, the child may be presented with the child
(a) for the duration of the marriage, a document proving the citizenship of the Czech Republic of the mother or father of the child at the date of birth of the child; or
(b) outside marriage, a document proving the citizenship of the Czech Republic of the mother of the child at the date of birth. "
Paragraphs 2 to 5 shall be renumbered paragraphs 3 to 6.
102. In Paragraph 46 (1) (g), the words "homeless' are replaced by the words" stateless'; the words "is' are replaced by" are '; and the words "eligible' are replaced by the words" eligible '.
103. In Paragraph 46 (1), point (h) is deleted.
Point (i) shall be renumbered as point (h).
115. In the last sentence of Paragraph 54 (1) and in Section 54 (2), the words "Ministry of Foreign Affairs of the Czech Republic 'are replaced by the words" Ministry of Foreign Affairs'.
116. In Paragraph 55 (1), the words "or an individual registration 'shall be inserted after the number" 1958'.
119. In the last sentence of Paragraph 58 (4), the word "aged 'is replaced by" others'.
120. Paragraph 58 (5) reads as follows:
Sign in for notes, favorites and notifications
Regulation Information
| Citation | Act No. 414 / 2023 Coll., amending Act No. 301 / 2000 Coll., on Matrices, Name and Surname and on the Amendment of Certain Related Acts, as amended, Act No. 89 / 2012 Coll., Civil Code, as amended, and other Related Laws |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 29.12.2023 |
|---|---|
| Effective from | 01.01.2024 |
| Effective until | - |
| Status | Valid |
Parliamentary Paper:
Paper No. 431
Public Contracts 4
eMatrika (matriční informační systém)
Ministerstvo vnitra
Aricoma Digital s.r.o.
192 995 000 CZK
20.08.2025
Objednáváme licenci a implementaci samostatného, funkčního modulu Matrika VERIFY (v návaznosti na sp...
Město Rožnov pod Radhoštěm
GEOVAP, spol. s r.o.
84 700 CZK
26.11.2024
PS č. 8 k RD na podporu a úpravy aplikací agendových IS správních evidencí
Ministerstvo vnitra
Aricoma Digital s.r.o.
48 164 466 CZK
24.07.2024
Požadovaný rozvoj na implementaci aplikace matrika dle národního standardu pro elektronické vedení...
Městská část Praha 4
Marbes s.r.o.
139 150 CZK
19.07.2024
Source:
Hlídač státu
(CC BY 3.0 CZ)
The regulation text is for informational purposes only.
Comments 0