Full text of Act No. 52 / 2003 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
Valid
Contents
ČÁST PRVNÍ
HLAVA I
DÍL 1
§ 1
§ 2
§ 3
§ 4
§ 4a
§ 5
§ 6
§ 7
§ 8
§ 9
§ 10
§ 11
§ 12
§ 13
DÍL 2
§ 14
§ 15
§ 16
§ 17
§ 18
§ 19
§ 20
§ 21
§ 22
§ 23
DÍL 3
§ 24
§ 25
§ 26
§ 27
§ 28
§ 29
§ 30
§ 31
DÍL 4
§ 32
§ 33
§ 34
§ 35
§ 36
§ 37
§ 38
§ 39
§ 40
§ 41
DÍL 5
§ 42
§ 43
§ 44
DÍL 6
§ 45
§ 46
DÍL 7
§ 47
§ 48
§ 49
§ 50
§ 51
§ 52
§ 53
§ 54
§ 55
§ 56
§ 57
§ 58
§ 59
§ 60
HLAVA II
DÍL 1
§ 61
§ 62
§ 63
§ 64
§ 65
§ 66
§ 67
DÍL 2
§ 68
§ 69
§ 70
§ 71
DÍL 3
§ 72
§ 73
§ 74
§ 75
§ 76
§ 77
§ 78
§ 79
HLAVA III
§ 80
§ 81
§ 81a
§ 82
§ 83
§ 84
§ 85
§ 86
§ 87
§ 88
§ 89
§ 90
§ 91
§ 92
§ 93
§ 94
§ 95
§ 95a
§ 96
§ 100
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52
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 is apparent from the amendments made by Act No. 320 / 2002 Coll. and Act No. 578 / 2002 Coll.
THE LAW
about matrices, name and surname
Parliament has decided on this law of the Czech Republic:
MOTHER, NAME AND RECEIVATION
MOTHER
General provisions
(1) Matrix is a state register of the birth, marriage and death of natural persons in the territory of the Czech Republic and of the birth, marriage and death abroad, if it is a citizen of the Czech Republic.
(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; and
(c) the death matrix for which the death book is kept.
(3) The book of birth, the book of marriage and the book of death (hereinafter referred to as the "matrix book") is made up of pre-bound forms.
(4) The register shall include an alphabetical register (hereinafter referred to as "the register ') of the birth, marriage and death of natural persons (hereinafter referred to as" the event').
Scope on the matrix section
(1) The scope of the Matrica section and other activities provided for by this Act
(a) the matrix offices, which are municipal authorities, urban authorities in the capital city of Prague, urban areas, urban districts or urban areas offices, and for the territory of military exits, 1) which shall be designated and their administrative districts shall be defined by the Ministry of the Interior (hereinafter referred to as "the Ministry") by 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 cancellation or, where appropriate, the change in the administrative perimeter of the matrix office may only be made at the beginning of the calendar year.
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) The Office of the City of Brno (hereinafter referred to as the "Special Matrix"), which records the birth, marriage and death of citizens abroad.
(5) The management of matrix books and acts secured in connection with the management of matrix books are the performance of the state administration.
Extended Authority
(1) Extended Authority
(a) carry out an inspection of the management of the books and collections of documents, at least once a year for all the authorities in their territorial district;
(b) consent to the registration of decisions of the foreign authorities and courts in the matrix books to the authorities which are included in its administrative district.
(2) The Office shall carry out, with extended scope, the verification (Paragraph 28) of birth, marriage certificates and death certificates (hereinafter referred to as the "Matrix Document"), the certificate of legal capacity to conclude marriage and the certificate of data entered in the Matrix Paper issued by the Matrix Offices 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").
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 verification (Paragraph 28) of the Matrix Documents, the Certificate of Jurisdiction for Marriage and the Certificate of Data Registered in the Matrix Paper, issued 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.
Entries in matrix books
(1) The matrix book is written
(a) a matrix event;
(b) a decision to declare marriage invalid or that marriage has not been created, divorce, adoption, determination of parentage, change of name or surname and other facts which amend and supplement the entries in the Matrix Book (hereinafter referred to as Matrix Reality), if the Matrix Event is registered in a Matrix Book maintained 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.
(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.
(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.
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 to the Extended Authority or Regional Office once a month for incorporation in a collection of documents 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 Reaction, the corrections or changes to the Matrix Book.
(4) The Extended Authority and the Regional Authority maintain and update a collection of documents. These authorities are required to ensure the protection of a collection of documents from misuse of data and from destruction or damage.
(5) The Matrix Office, the Extended Authority or the Regional Office shall issue a certificate of the particulars contained in the collection of documents which it maintains or maintains, provided that the legal interest is proven and that the information cannot be ascertained from the Matrix Book, or a statement of the accuracy of the registration in the Matrix Book is raised.
(6) The Office of Extended Jurisdiction or the Regional Office will allow a view into and extract from the collection of documents in the presence of the Extended Jurisdiction Matrix of the Office, or of a regional employee in the Regional Office
(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.
(7) In the event of adoption, only adopters may consult the minutes and, when maturity has been achieved, the genome.
(8) For the purposes of this Act, a spouse, parents, children, grandparents and grandchildren shall be considered members of the family.
Matricide
(1) Matrix may be a citizen who:
(a) is over 18 years of age,
(b) he has not been convicted of a criminal offence in force;
(c) has demonstrated expertise by examination at an extended office or regional office;
d) is an employee of the municipality, in the capital of Prague an employee of the city, which has the competence of the matrix office.
(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, and of other legislation relating to the activities of the matrices, and the verification of the skills in 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 on such data, (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
(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.
(3)
The Matrix Office may, at the request of the fiancé, authorise the conclusion of a marriage at any appropriate place in its administrative district.
(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.
Minutes of birth, marriage and death
Book of Birth
(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 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.
(3) Upon oral notification, the notifier shall demonstrate its identity.
(4) If the notifier is deaf or dumb, or if he makes a notification in a language other than Czech or Slovak, the presence of an interpreter is necessary. 6)
(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.
(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 applying for asylum in 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.
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 outcome of the investigation and the doctor's report shall be transmitted to the Registry by the investigating authority. 7)
(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.
(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 by the end 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
(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
(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, where applicable, the name, surname and surname, and, where appropriate, the home number of the surviving spouse;
(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, the attending physician is required to report the death within 3 days. 9)
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.
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:
(a) the book of birth for 100 years;
(b) the book of marriage for 75 years;
(c) a death book for 75 years.
(2) At the end of the specified period, the matrix books shall be forwarded for archiving to the relevant regional archive.
(3) The duplicates of the matrimonial books and the collection of documents will remain stored after the last entry in the original of the matrix book is made to the Office with extended competence or the Regional Office,
(a) if the entries are made for a period of 100 years,
(b) if the marriage is registered for a period of 75 years,
(c) if death is recorded, for 75 years.
(4) At the end of the period laid down, the secondary notes of the matrix books and the list of documents shall be transmitted for archiving to the relevant county archives; in Prague, Brno, Ostrava, Pilsen and Ústí nad Labem archive of these cities.
Contents
ČÁST PRVNÍ
HLAVA I
DÍL 1
§ 1
§ 2
§ 3
§ 4
§ 4a
§ 5
§ 6
§ 7
§ 8
§ 9
§ 10
§ 11
§ 12
§ 13
DÍL 2
§ 14
§ 15
§ 16
§ 17
§ 18
§ 19
§ 20
§ 21
§ 22
§ 23
DÍL 3
§ 24
§ 25
§ 26
§ 27
§ 28
§ 29
§ 30
§ 31
DÍL 4
§ 32
§ 33
§ 34
§ 35
§ 36
§ 37
§ 38
§ 39
§ 40
§ 41
DÍL 5
§ 42
§ 43
§ 44
DÍL 6
§ 45
§ 46
DÍL 7
§ 47
§ 48
§ 49
§ 50
§ 51
§ 52
§ 53
§ 54
§ 55
§ 56
§ 57
§ 58
§ 59
§ 60
HLAVA II
DÍL 1
§ 61
§ 62
§ 63
§ 64
§ 65
§ 66
§ 67
DÍL 2
§ 68
§ 69
§ 70
§ 71
DÍL 3
§ 72
§ 73
§ 74
§ 75
§ 76
§ 77
§ 78
§ 79
HLAVA III
§ 80
§ 81
§ 81a
§ 82
§ 83
§ 84
§ 85
§ 86
§ 87
§ 88
§ 89
§ 90
§ 91
§ 92
§ 93
§ 94
§ 95
§ 95a
§ 96
§ 100
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Regulation Information
| Citation | Full text of Act No. 52 / 2003 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 | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 28.02.2003 |
|---|---|
| Effective from | - |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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