Decree No. 506 / 2020 Coll.
Decree on the performance of interpretation and translation activities
Valid
Order
Effective from 01.01.2021
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506
DECLARATION
of 26 November 2020
on the performance of interpretation and translation activities
The Ministry of Justice ("the Ministry ') provides, pursuant to § 8 (5), § 10 (9), § 11 (4) and (6), § 12 (2), § 27 (6) and § 28 (6) of Act No. 354 / 2019 Coll., on Judicial Interpreters and Judicial Translators (" the Act'), as amended by Act No. 166 / 2020 Coll.:
INTRODUCTORY PROVISIONS
Subject matter
This decree regulates
(a) particulars of the application form for entry on the list of interpreters and translators,
(b) the required education and the required period of experience for the entry of the applicant in the list of interpreters and translators;
(c) the specification of the necessary certificate of professional competence or the qualification accredited course, if necessary for the performance of interpretation or translation activities with professional care;
(d) the way in which the interpreter's or the translator's initial examination is carried out and the difference tests, its form, content and course;
(e) the procedure for issuing the licence, the uniform model of the licence and its particulars and the uniform presentation and colour of the translation and translation seal;
(f) the manner in which the interpretation and translation act is to be carried out, the use of the translation and translation seal and clause; and
(g) means of keeping records of operations.
EXECUTIVE AND TRANSLATION ACTIVITIES
REQUEST FOR REGISTRATION IN THE LIST OF TEMPORATORS AND TRANSPORTERS
(1) The application form for entry in the list of interpreters and translators contains:
(a) the name or names, if the applicant has more than one, the surname and academic title of the applicant, if the applicant has obtained it and requests that this title be entered in the list of interpreters and translators;
(b) the address of the registered office and, if the applicant has no registered office, the address of the place of permanent residence or the place of residence according to the type of residence of the stranger in the Czech Republic;
(c) the contact address in the Czech Republic where the applicant does not have a registered office or place of permanent residence according to the type of residence of the alien in the Czech Republic,
(d) the identification number of the person, if the applicant has one;
(e) an indication of whether the applicant applies for registration as interpreter or translator,
(f) the language for which the applicant applies for entry in the list of interpreters and translators and the specialisation, if any,
(g) indication of the date of birth;
(h) telephone contact;
(i) the e-mail address or the website address relating to interpretation or translation activities, where the applicant requests the inclusion of that address in the list of interpreters and translators as public data;
(j) a request for the entry of the contact address in the list of interpreters and translators as public information where the applicant requests such entry;
(k) another address for service communicated by the applicant or indication that another address for service is the e-mail address referred to in (i) if the applicant requests service to another address for service;
(l) where the applicant requests the possibility of carrying out an initial or differential test, an indication of that fact;
(m) a request pursuant to Article 8 (4) of the Law on the remission of certain conditions and the justification for such a request, where the applicant requests the remission of certain conditions; and
(n) date and signature.
(2) The applicant shall attach to the application documents demonstrating compliance with the conditions for the performance of interpretation or translation activities.
Annex No 1 to this Order sets out:
(a) the required training and the required period of experience for the entry of the applicant in the list of interpreters and translators; and
(b) where appropriate, the specification of the necessary certificate of competence or the qualification accredited course.
INTRODUCTION TESTING OF THE TEMPERATURE OR TRANSPORT
(1) The entry test shall take the form of a written test.
(2) The entry test is not public.
(3) Where the applicant has submitted an application for entry in the list of interpreters and translators, in total, for several languages or specialties, or where he requests entry in the list of interpreters and translators at the same time as the interpreter and translator, he shall perform the written test only once.
(4) The applicant may withdraw from the initial test.
(1) Test questions shall be verified to the extent necessary for the performance of interpretation or translation activities in particular:
(a) knowledge of the legislation governing the exercise of interpretation or translation and management or other procedures (1) in which the interpretation or translation activities are carried out;
(b) the ability to apply the provisions referred to in (a); and
(c) knowledge of the essentials of interpretation or translation.
(2) The proceedings in which the interpretation and translation activities are carried out mean civil proceedings, criminal proceedings, administrative proceedings and proceedings before an administrative authority.
(3) Test questions are private, unless the Ministry excluded them from use.
(1) The Ministry shall notify the applicant in writing of the date, time and place of the initial examination.
(2) The initial test may not take place before 30 days after dispatch of the notification unless the applicant agrees to its earlier performance.
(1) The applicant shall demonstrate his identity before starting the initial test.
(2) The applicant may use only the legal information system and other software made available by the Ministry and writing supplies as an aid during the written test.
(3) The written test lasts a maximum of 150 minutes.
(4) The Ministry may exclude from the initial examination an applicant who has used illegal aids, has not worked alone or who otherwise has compromised the purpose of the initial examination.
The applicant fulfilled the initial test if he replied correctly to at least 75% of the test questions, did not withdraw and was not excluded from the initial test.
(1) The Ministry shall inform the applicant of the evaluation of the written test no later than 90 minutes after its commencement.
(2) If the applicant has completed the entry test according to the evaluation of the written test, the evaluation of the written test shall be final.
(3) If, according to the evaluation of the written test, the applicant failed the entry test, the evaluation of the written test shall be provisional. The Ministry shall make available to the applicant, at the same time as it informs the applicant of the interim evaluation of the written test, the test questions to which the applicant has answered incorrectly according to the interim evaluation, including an offer of answers indicating the correct response and the applicant's reply.
Complementary response
(1) An applicant who, according to an interim evaluation of the written test, has failed the entry test may continue the written test or waive the right to continue the written test.
(2) The written test may be continued for a maximum of 60 minutes.
(3) Where the applicant has waived the right to continue the written test, the interim evaluation of the written test shall become the final evaluation of the written test.
(1) If the applicant continues the written test, he may add his reply to the question to which, according to the interim evaluation of the written test he answered incorrectly, his justification.
(2) The Ministry will assess the addition of the reply and make a final evaluation of the written test, which it will notify the applicant in writing. The Ministry shall also briefly state the reasons for the assessment in the notification.
Input test result of the interpreter or translator
(1) The applicant shall be assessed as having succeeded or failed.
(2) The applicant is assessed as successful if he has passed the initial test.
(3) The applicant has failed to evaluate the degree if:
(a) fail the entry test; or
(b) he did not show up for the entrance exam and did not properly and in time excuse his absence.
(1) The Ministry shall inform the applicant of the result of the initial examination immediately after the interim evaluation of the written test has become the final evaluation.
(2) If the applicant has withdrawn from the initial examination immediately before or during the initial examination or has been excluded from the initial examination during the initial examination, the Ministry shall inform him of the result of the initial examination immediately after withdrawal or exclusion.
(3) Where the applicant is not notified in accordance with paragraph 1 or 2, the Ministry shall inform him in writing of the result of the initial examination.
(4) The Ministry shall also briefly indicate in the notification the reasons for the completion or failure of the initial examination.
The Ministry shall publish the results of the entry exam in a way that allows remote access. When published, the Ministry shall distinguish the applicant by the name assigned to him.
Repeating the interpreter's or translator's entrance exam and determining another date and other replacement date
(1) An apology shall be made on time if the applicant has delivered it without undue delay after having become aware of the serious reasons for his or her absence or the reasons for his or her non-participation which are worthy of special consideration.
(2) The applicant must demonstrate the reasons for his non-participation referred to in paragraph 1 within 5 days of receipt of the apology.
(1) No account shall be taken of the request for a repeat of the initial test, the request for a different deadline or alternative deadline and the apology submitted late.
(2) No account shall be taken of the application or of an apology which does not contain the particulars laid down, is incomprehensible or incomprehensible or is not accompanied by the annexes to which the applicant relies, provided that the reasons for the application or apology cannot be assessed for such deficiencies.
(3) The Ministry shall inform the applicant of the failure to take account of the application or the apology in the notification of the result of the initial examination. The notification shall also include a brief description of the reason for the non-consideration.
Protocol on the course of the entrance test of the interpreter or translator
(1) A protocol containing:
(a) the name and, where appropriate, the names of the applicant;
(b) the designation assigned by the Ministry to the applicant;
(c) the date and place of the initial examination;
(d) evaluation of the written test, if any;
(e) the result of the initial test; and
(f) other elements relevant to the course and result of the initial test.
(2) The annex to the report shall be a written test and supporting documents certifying other matters relevant to the course and result of the initial test.
Division test
(1) Test questions shall be tested in the differential test to the extent necessary for the performance of interpretation or translation activities.
(a) the legislation governing the performance of the interpretation or translation activity and the management or other stages (1) in which the interpretation or translation activity is carried out; and
(b) the need for interpretation or translation.
(2) In other cases, the difference test shall be treated as an input test.
PROHIBITION AND COMPLETION
(1) The Ministry shall require a photograph of the applicant, interpreter or translator before issuing the licence.
(2) Uniform models of cards and their particulars are set out in Annex 2 to this Order.
Translation and translation seal
(1) The interpreter's seal and the translation seal shall be drawn up as a round stamp of a diameter of 36 mm, the small national character being shown in the middle of a circle on whose circumference the name, if any, and the last name of the interpreter or translator and, where appropriate, the title and the title of the "court interpreter" or "court translator" and the extent of the interpretation or translation authorisation; the designation and scope of the authorisation are always given in the Czech language. The last name of the interpreter or translator shall be indicated in capital letters.
(2) If the interpreter or translator is entitled to interpret or translate from the Czech language and into the Czech language, the Czech language shall also be indicated within the scope of the authorisation. The scope of the authorisation may be indicated in abbreviated form as appropriate; the language is always indicated.
(3) The printing of the interpreter's seal and the translation seal is monochrome. The impression of the interpreter's seal and the translation seal is blue or purple.
(1) The seal is prepared separately for interpretation and translation.
(2) Where multiple interpreter or translator seals have been issued for the same scope of authorisation, each additional seal shall also contain a serial number.
TUNE AND TRANSLATION TASKS
(1) The interpretation and translation operations must be carried out precisely, clearly and completely. The interpreter shall, when performing the oral interpretation act, be required to ascertain whether the person to whom the interpreter is intended understands what is being interpreted.
(2) When assessing the accuracy, clarity and completeness of the action, account shall be taken in particular of whether interpretation or translation is carried out by the action.
(3) When assessing the completeness of an act, account shall also be taken of whether interpretation or translation of a partial act is carried out.
Translation and written interpretation
(1) The heading of at least the first page of the translation act and the written interpretation act shall contain the indication of the source language from which the action is carried out. The designation shall be in at least the target language.
(2) The translated or translated document shall be associated with the translation or with the translated text. If the document cannot be attached, a copy thereof shall be attached. Where a translated or translated document cannot be attached and requested by the contracting authority, a certified copy shall be attached.
(1) The translator or interpreter shall attach a translation or interpretation clause drawn up in at least the target language to the last page of the translation or written interpretation.
(2) The translation or interpretation clause contains:
(a) the indication of the translator or interpreter,
(b) the designation of the contracting authority where it is a public authority;
(c) the number of the contracting authority, if it is a public authority and it has been communicated by the contracting authority to the translator or interpreter;
(d) an indication of whether the translator or interpreter has brought in a consultant to consider specific partial questions; and
(e) the number of the item under which the act is entered in the record of operations.
(3) In the case of partial translation or interpretation, the clause shall also state which part has been translated or translated.
(4) Where the translator or interpreter has brought in a consultant to examine specific sub-questions, the clause shall also include the name of the consultant, the reason for which the translator or interpreter has brought in and an indication of the particular sub-questions the consultant has examined.
(5) Where the translation or interpretation clause contains data that are also entered in the record of transactions, the translator or interpreter shall enter those data in the format set out in this order for entry in the record of transactions (§ 39).
The last page of the translation or written interpreting act shall also include the printing of the translation or interpretation seal, the date and signature of the translator or interpreter.
The parties to the translation and the written interpretation must be numbered.
(1) Where the translation or written interpretation is carried out in paper form, the workpiece and the stapler must be attached to the last page and the translation or interpretation seal must be reprinted.
(2) If the translation or written interpretation is done in electronic form, it shall be processed in PDF / A format.
(3) If it is not possible to process the translation or written interpretation in electronic form in one file, at least the translation or translation text and the last side of the action shall be processed in PDF / A format, and the whole operation shall be captured on the same durable data carrier.
Transcription or translation of wiretap and communication systems of deaf and deaf blind persons
(1) A transcription of the output of the listening or recording of telecommunications traffic (hereinafter referred to as "the listening ') or its translation (hereinafter referred to as" the transcription or translation of the listening') may also be carried out by a translation or a written interpretation.
(2) The translation or written interpretation may also be carried out by means of a deaf and deaf-blind communication system (hereinafter referred to as the "communication system '), provided that translation or re-interpretation
(a) a communication, expressed through the communication system and captured by a sound, visual or audio-visual recording (hereinafter referred to as the "alert"), shall be carried out as a document; or
(b) the documents shall be carried out by means of a communication system and shall be recorded.
(3) Where a record of the eavesdropping or communication referred to in paragraph 2 (a) has been provided to the interpreter or the translator, or where that record has been made by the interpreter or translator, it shall be recorded on a durable medium of data.
(1) A translation act or a written interpretation act shall also be regarded as being carried out by means of a communication system if the translated or translated communication and its translation or re-interpretation are expressed by means of a communication system and are recorded.
(2) For the communication and for its translation or re-interpretation referred to in paragraph 1, a movement note shall be drawn up containing the indication "movement certificate for the translation act 'or" movement certificate for the written interpreting act'.
(3) The translator or interpreter shall record the translation or reinterpretation on a permanent data carrier. On the same data medium, it shall also record a translated or translated message if it has been provided to it or has received it itself.
(1) The header of at least the first page of the transcription or translation of the wiretap, the document referred to in Article 28 (2) (a) or the accompanying note shall contain the designation of the source language or communication system. The designation of the source language shall be given at least in the target language and the designation of the source communication system shall be given at least in the Czech language. In the case of an act under Paragraph 28 (2) (b), that indication shall be indicated in the interpretative or translation clause.
(2) The interpretative or translation clause contains the information referred to in § 24 (2) to (5) and is contained on the last page of the transcription or translation of the wiretap, the document referred to in § 28 (2) or the accompanying document. Paragraphs 25, 26 and 27 (1) and (2) shall apply mutatis mutandis to the method of transcription or translation of the wiretap, document or accompanying document.
(1) The translation or interpretation clause on the last page of the transcription or translation of the wiretap, the document referred to in Article 28 (2) (a) shall also include the marking of the wiretap and its sources or the marking of the alert and its sources.
(2) The endorsement referred to in paragraph 1 shall also include the expression of the translator or interpreter on the quality of the eavesdropping or recording.
(1) If the transcription or translation of the wiretap, the document referred to in Article 28 (2) or the accompanying document is processed in paper form, the permanent data medium shall be annexed to the document. The permanent data medium shall also contain an electronic document containing an indication to which act the alert belongs; the document shall be accompanied by an electronic signature, a certificate and a time stamp as an act drawn up in electronic form.
(2) If the transcription or translation of the wiretap, the document referred to in Article 28 (2) or the accompanying document is processed in electronic form, it shall be recorded on the same durable medium as the record. Paragraph 1, second sentence, shall not apply.
Revision of the interpretation and translation act
(1) Revision of the interpretation act is carried out as a review interpretation or a review expression on interpretation. Revision of the interpretation shall be done orally.
(2) Revision of the translation act shall be carried out as a revision translation or review assessment of the translation. The revision of the translation act shall be in writing.
(3) Where a revised operation has been carried out through a communication system, the communication system may also be used for its revision.
(1) The interpreter performing the review interpretation must be present at the execution of the revised interpretation act.
(2) Where necessary from the point of view of language or interpretation, the interpreter shall, as part of the review interpretation, comment on or supplement the revised interpretation by means of his comments. Otherwise, it shall state that comments or additions are not necessary.
The review of interpretation shall be carried out as an expert assessment of the quality of interpretation in terms of language and interpretation.
(1) If necessary from the point of view of language or translation, the translator shall, in the context of the revision translation, comment on the translation exercise under review by means of his commentary, supplement or correct. Otherwise, it shall state that no comments, additions or corrections are necessary.
(2) The review report on translation is carried out as an expert opinion on translation quality in terms of language and translation.
(1) The interpreter or translator in the context of the revision of the interpretation or translation act may also:
(a) answers questions raised or approved by the contracting authority; and
(b) express its views on the objections to the interpretation or translation act under review.
(2) The interpreter or translator shall also indicate in the interpreter's or translator's clause that the action is a revision of the interpretation or translation act and the type of revision (§ 33). In other cases, paragraphs 22 to 32 shall apply mutatis mutandis to the manner in which the action is to be carried out and the need for a written revision.
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Regulation Information
| Citation | Decree No. 506 / 2020 Coll., on the performance of interpretation and translation activities |
|---|---|
| Regulation Type | Order |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 07.12.2020 |
|---|---|
| Effective from | 01.01.2021 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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