What is Act No. 53 / 2004 Coll.?

Act No. 53 / 2004 Coll., amending certain laws related to the area of population registration — Law amending certain laws relating to the area of population registration.

When it became Act No. 53 / 2004 Coll. effectiveness?

Act No. 53 / 2004 Coll. became effective 01.04.2004.

Is Act No. 53 / 2004 Coll. still valid?

Yes, Act No. 53 / 2004 Coll. is still valid and effective.

Act No. 53 / 2004 Coll. - Law amending certain laws relating to th...

53

THE LAW

of 14 January 2004

amending certain laws relating to the area of population registration

Parliament has decided on this law of the Czech Republic:

ČÁST PRVNÍ

Amendment of the citizens' registration law

Čl. I

Act No. 133 / 2000 Coll., on the registration of residents and birth numbers and on the amendment of certain laws (Act on the registration of residents), as amended by Act No. 2 / 2002 Coll. and Act No. 320 / 2002 Coll., is amended as follows:

1. Article 1, including footnotes 1), 2) and 3) shall read as follows:

„§ 1

(1) The population register shall contain data on:

(a) national citizens of the Czech Republic (1) (hereinafter referred to as "the citizen"),

(b) foreigners with a residence permit or a temporary residence permit or a permanent residence permit in the Czech Republic and foreigners residing on the territory of the Czech Republic on the basis of a long-stay visa granted (hereinafter referred to as "foreigners with a residence permit in the Czech Republic") under special legislation, 2)

(c) foreigners granted asylum on the territory of the Czech republity.3)

(2) For the purposes of this Act, the resident shall mean the person referred to in paragraph 1.

1) Act No. 40 / 1993 Coll., on the acquisition and renunciation of citizenship of the Czech Republic, as amended.

2) Act No. 326 / 1999 Coll., on the residence of foreigners in the Czech Republic and on the amendment of certain laws, as amended.

3) Act No. 325 / 1999 Coll., on asylum and amending Act No. 283 / 1991 Coll., on the Police of the Czech Republic, as amended, (Act on asylum), as amended. '

2. Article 3, including footnotes 5), 5a), 5b), 5c), 5d), 5e), 5f) and 6) shall read as follows:

„§ 3

(1) The population register is kept in the population registration information system (hereinafter referred to as the "information system"), the administrator of which is the Ministry. This information system is a public administration information system under a special law. (a)

(2) For the purposes of this Act, in relation to the territory of the Czech Republic:

(a) the place of birth of the village or military retreat, in the capital of Prague district Prague 1 to 10.5b) in whose territory the inhabitants were born or who were entered as such in the book of birth, 5c)

b) the place of marriage of the municipality or military retreat, in the capital city of Prague district Prague 1 to 10,5b) on whose territory the marriage of the inhabitants took place;

(c) the place of death of the municipality or military escape, in the capital of Prague district Prague 1 to 10.5b) on whose territory the population died.

(3) The information system shall provide the following information on citizens:

(a) the name and / or the names, surnames and surnames,

(b) the date of birth;

(c) sex;

(d) the place and district of birth and the place and state where the citizen was born,

(e) birth number,

(f) citizenship and, where appropriate, multiple citizenship,

(g) the address of the place of permanent residence (§ 10 (1)), including previous addresses of the place of permanent residence;

h) the beginning of the permanent residence or, where applicable, the date of cancellation of the permanent residence or the date of termination of the permanent residence in the Czech Republic;

(i) depriving or restricting legal capacity;

(j) residence permit, (5d) place of residence and duration;

(k) the birth number of the father, mother or other legal representative, as appropriate; where one parent or other legal representative is not assigned a birth number, the name and, where applicable, the names, surnames and date of birth shall be kept;

(l) family status, date and place of marriage,

(m) the spouse's birth number; if the spouse is a natural person who is not assigned a birth number, the name and, where applicable, the name, surname of the spouse and the date of birth shall be kept;

(n) the birth number of the child; if the child is a stranger who is not assigned a birth number, the name and, where applicable, the name, surname of the child and the date of birth shall be kept;

(o) the data referred to in Section 7 (c) of the adopted child;

(p) data provision record (§ 8 (6)),

(q) date, place and district of death; If a citizen is killed outside the Czech Republic, the date of death and the State in whose territory the death occurred shall be maintained;

(r) the date indicated in the court's decision on the death declaration as the date of death.

(4) In the information system, the following information shall be kept on foreigners with a residence permit in the Czech Republic under the special legislation (2) and on foreigners granted asylum in the Czech Republic (3):

(a) the name and / or the names, surnames and surnames,

(b) the date of birth;

(c) sex;

(d) the place and state where the alien was born,

(e) birth number,

(f) citizenship and, where appropriate, multiple citizenship,

(g) the type and address of the place of stay;

(h) the number and validity of the residence permit;

(i) the beginning of the stay or, where applicable, the date of cancellation of the residence details;

(j) depriving or restricting legal capacity;

k) administrative expulsion and the period during which entry into the Czech Republic is not allowed,

(l) family status, date and place of marriage,

(m) the name and, where appropriate, the name, surname and birth number of the spouse; if the spouse is a stranger who is not assigned a birth number, the name and, where applicable, the name, surname and date of birth shall be kept;

(n) the name and, where applicable, the name of the child, if he is a resident, and his / her birth number; where the child has not been assigned a birth number, the name and, where appropriate, the name, surname and date of birth shall be kept;

(o) the name and, where applicable, the names of the father, mother or other legal representative, if any, and their birth number; where one parent or other legal representative is not assigned a birth number, the name and, where applicable, the names, surnames and date of birth shall be kept;

(p) if the child is a resident, the data referred to in Section 7 (c);

q) expulsion 5e) and the period during which entry into the Czech Republic is not allowed,

(r) data provision record (§ 8 (6)),

(s) the date, place and district of death; If there is a death outside the territory of the Czech Republic, the State on whose territory the death occurred or the date of death,

(t) the date indicated in the court's decision on the death declaration as the date of death.

(5) The Ministry in the information system shall process (5f) the data needed to carry out the tasks provided for in the specific legislation6) within the scope of the data referred to in paragraphs 3 and 4.

(6) The information system shall process and modify all data it maintains.

5) Act No. 101 / 2000 Coll., on the protection of personal data and on the amendment of certain laws, as amended. Act No. 365 / 2000 Coll., on Information Systems of Public Administration and amending certain other laws, as amended by Act No. 517 / 2002 Coll.

5a) § 3 (1) of Act No. 365 / 2000 Coll.

5b) Act No. 36 / 1960 Coll., on the Territorial Classification of the State, as amended.

5c) § 14 and 15 of Act No. 301 / 2000 Coll., on Matrices, Name and Surname and on the amendment of certain related laws.

5d) § 57a of the Criminal Act.

5e) § 57 of the Criminal Act.

5f) § 4 (e) of Act No. 101 / 2000 Coll.

6) For example, Act No. 283 / 1991 Coll., on the Police of the Czech Republic, as amended, Act No. 13 / 1993 Coll., Customs Act, as amended, Act No. 153 / 1994 Coll., on the Intelligence Services of the Czech Republic, as amended, Act No. 154 / 1994 Coll., on the Security Information Service, as amended. '

3. In the first sentence of Paragraph 3a, the words "population records' are deleted.

4. In Section 3a, the second sentence is replaced by the sentence "The Regional Office is a user of data from the information system on residents who have applied for permanent residence or are allowed to reside in the administrative district of the regional office concerned."

5. In the third sentence of Paragraph 3a, the text "§ 3 (2) (o) 'is replaced by" § 3 (3) (o) and § 3 (4) (p)'.

6. In Paragraph 3a, the current text becomes paragraph 1 and the following paragraph 2 is added:

"(2) The authority of the regional office referred to in paragraph 1 shall be exercised in the capital city of Prague by the municipal authorities designated by the Statute of the capital city of Prague."

7. In the first sentence of Section 4, the words "population records' are deleted.

8. In the third sentence of Article 4, the words "data referred to in Article 3 (2) (o) 'are replaced by the words" data referred to in Articles 3 (3) (o) and 3 (4) (p)'.

9. In the second sentence of Article 5, the words "data in § 3 (2) (o) 'are replaced by the words" data in § 3 (3) (o) and § 3 (4) (p)'.

10.

„§ 6

The municipal authority of the municipality with extended competence in whose administrative district it operates shall transmit the data without undue delay.

(a) the reporting office, details of the change, cancellation or termination of the permanent residence of the citizen;

(b) the local authority of the resident's place of permanent residence, the details of the places of the population's prohibition and the duration of the stay resulting from the court's decision;

(c) the municipal authority, namely the indication of changes in street names and descriptive numbers, or orientations, houses or registration numbers of buildings intended for individual recreation. ';

11. the following Section 6a is inserted after Section 6, including footnote 7:

„§ 6a

The local authority of the municipality with extended competence, in whose administrative district the residents have applied for permanent residence, or have been authorised under special legislation2), 3), shall:

(a) the municipal office responsible for the management of the matrix, in the capital city of Prague, the office of the municipal district designated by the Statute of the capital city of Prague, the municipal district office or the office of the town district designated by the statute and for the territory of the military departments of the Úzdědní Ústí Office (hereinafter referred to as the "matrix office") without undue delay the data from the matrix books it keeps (hereinafter referred to as the "matrix"), 7) to the extent that:

1. name (s), names (s), surname (s), surname (s),

2nd birth number,

3. date and place of birth,

4. the date and place of conclusion of the marriage, the name and, where applicable, the surname of the spouse and his birth number, or, if not assigned to him, the date of birth, the date and place of divorce, the date of the marriage annulment,

5. change of name, names, surnames,

6. gender change,

7. the birth number of the father and mother, if not assigned to them, the name and, where applicable, the name, surname and date of birth,

8. citizenship of the father and mother of the child born on the territory of the Czech Republic to residents pursuant to § 1 (1) (b) or (c),

9. Date and place of death;

(b) the Court of First Instance, namely the final decision on the waiver or limitation of legal capacity, on the declaration of death without justification for those decisions.

7) Sections 1 to 3 of Act No. 301 / 2000 Coll., as amended. '

12. In § 7 (a), the words "in the capital city of Prague," shall be inserted after the words "the Regional Office," in the capital city of Prague, "

13. in § 7, the words "and § 6a" shall be added at the end of the text under (b).

14. in § 7 (c) to (e):

"(c) the matrix office in the event of the adoption of a child or the withdrawal of the adoption of a child's data from the matrix in the scope of:

1st stage of adoption,

2. the original and the new name, if any, the child's surname,

3. the original and new birth number of the child,

4. date and place of birth,

5. birth numbers of the adopters,

6. the date on which the decision to adopt or revoke the adoption of the child becomes final;

(d) the municipal authority details of changes to the name of the municipality, the municipality of the territorial subdivided city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the change of name of the city of the city of the city of the city of the city;

(e) Department of Police of the Czech Republic ("police") on the basis of a residence permit issued by him to a foreigner and a residence permit issued to an asylum seeker on the territory of the Czech Republic, 2), 3) to the extent

1. name (s) or surname (s), surname (s) or change thereof, surname (s),

2. date of birth,

3. sex and its change,

4. the place of birth and the State in whose territory the alien or asylum worker was born;

5th birth number,

6. citizenship,

7. Nature and address of residence,

8. Number and validity of residence permit,

9. the beginning of the stay and, where applicable, the date of cancellation of the residence details;

10. administrative expulsion and the period during which entry into the Czech Republic is not allowed,

11. family status, date and place of his change, the name and, where applicable, the name and surname of the husband and his birth number; where the birth number has not been assigned, the date of birth;

12. the name and, where applicable, the name of the child, if he is a resident under § 1 (1) (b) or (c), and his / her birth number; where the birth number has not been assigned, the date of birth;

13. the name and, where applicable, the surname of the father, mother or other legal representative, if they are residents under § 1 (1) (b) or (c), and their birth number; where one of the parents or other legal representative does not have a birth number, the name and, where applicable, the names, surnames and date of birth shall be kept;

14. expulsion 5e) and the period during which entry into the Czech Republic is not allowed,

15. Date, place and district of death; If there is a death outside the Czech Republic, only the State in whose territory the death occurred,

On the 16th day in the court's decision on the declaration of death as the day of death. "

15. footnote 8 shall be deleted;

16. in Paragraph 8 (1):

"(1) The Ministry, regional authorities and municipal authorities with extended competence provide data from the information system to the extent strictly necessary and subject to the conditions laid down by this Act or by specific legislation. Data from the information system may also be provided in a way that allows remote access, provided that specific legislation so provides. ';

17. in Article 8 (3), in the introductory part of the text, the words "the particulars referred to in Article 3 (2) (o)" shall be replaced by the words "the particulars referred to in Articles 3 (3) (o) and 3 (4) (p)."

18. in Paragraph 8 (3) (a) read:

"(a) the name and / or the names, surnames and surnames,"

19. in Article 8 (3) (c):

"(c) the number of the identity card, travel document, residence permit for foreigners or a residence permit for an asylum seeker;"

20. in § 8 (3) (d), the text "§ 1 (b) and (c)" is replaced by "§ 1 (1) (b) and (c)";

21. in the fourth sentence of Article 8 (3), the words "the identity card or residence card for foreigners" shall be replaced by the words "the document referred to in (c)."

22. in Article 8 (6), "1" is inserted after the word "paragraphs." At the end of the sentence, the words "and to whom the data have been provided pursuant to paragraph 1 'shall be added.

23. The following Section 8a is inserted after Section 8:

„§ 8a

Monitoring of data in the information system and synergies between ministries, other administrative offices and courts

(1) The Ministry is responsible for the accuracy of data in the information system in such a way that data correspond to the current state. Other ministries, other administrative offices, courts, legal persons and residents are required to provide the Ministry with the necessary synergies to perform this task by transmitting updated data maintained in the information system and by providing data requested by the Ministry.

(2) The Ministry, regional authorities and municipal authorities of the municipalities with extended competence, in the capital city of Prague, the municipal authorities designated by the City Department of the City of Prague, in the event of reasonable doubts as to the accuracy and completeness of the data in the information system, will ask the relevant source of the information system referred to in Sections 6, 6a and 7 to invite citizens to verify the data in the information system and, where appropriate, to submit documents to establish the actual accuracy and completeness of the data. If they find a discrepancy in the data in the information system, they shall ensure that they are blocked against possible further processing and verify their correctness through the Ministry; The Ministry shall then decide to remove incorrect data or data outside the conditions laid down by the Special Act. The resident shall, at the request of the first sentence, submit to the competent administrative authority the necessary documents to verify the accuracy and completeness of the data entered. The Administrative Office shall provide the population with the necessary assistance to meet the call. If this procedure does not lead to a verification of the correctness and completeness of the registered data, the population shall be obliged to appear to that end at the request of the administration.

(3) Where a citizen requests that the administrative authorities referred to in paragraph 2 first, rectify or supplement personal data processed in the information system to his or her person in such a way that they are accurate and appropriate to the current situation, he or she shall also have the right to request that personal data be blocked or disposed of to his or her person who is not in the current state or is not accurate. ';

24. footnote 11 shall read:

"11) Decree No. 326 / 2000 Coll., on the method of marking streets and other public spaces names, on the method of use and location of numbers for the marking of buildings, on the formalities for reporting and recalculating buildings and on the procedure and notification of the allocation of numbers and documents needed for the allocation of numbers, as amended by Decree No. 193 / 2001 Coll. '.

25. In Paragraph 10 (3), the words "unless parents agree otherwise." shall be deleted and the comma after the words "his mother" shall be replaced by a dot.

26. in Paragraph 10 (4), the reference to footnote 12a shall be inserted after the words "special matrices."

Footnote 12a:

"12a) § 3 (4) of Act No 301 / 2000 Coll. '.

27. in Article 10 (6) (a) (1), the words "where appropriate, names" shall be inserted after the words "name."

28. In the fourth sentence of Paragraph 10 (7), the words "with the beneficiary referred to in paragraph 6 (c) 'shall be inserted after the word" stay'; The period at the end of the sentence shall be replaced by a semicolon and the words "the reporting office shall indicate the name and, where appropriate, the name, surname and date of birth of the authorised person. ';

29. In Article 10, the following paragraph 8 is inserted after paragraph 7:

"(8) The Office shall, at its request, communicate to the owner of the object or its designated part the name and, where appropriate, the name, surname and date of birth of the citizen to whom he keeps the indication of the place of residence corresponding to the address of the object or its designated part. ';

Paragraphs 8 to 11 shall be renumbered paragraphs 9 to 12.

30. Paragraph 10 (10) reads:

"(10) As a citizen under 15 years of age, his legal representative or foster father will announce the change of permanent residence. For a citizen deprived of legal capacity or for a citizen whose legal capacity has been limited by the decision of the court in such a way that he is not eligible to act in accordance with paragraphs 5 and 6, he shall declare a change in his legal representative's place of residence. ';

31. the following Section 10a is inserted after Section 10:

„§ 10a

If a citizen cannot present the documents referred to in § 10 (6) (c) after his / her stay abroad or after the acquisition of citizenship of the Czech Republic, the place of his / her permanent residence shall be the registered office of the reporting office in whose territory the citizen in the Czech Republic had his / her last place of residence or his / her registered place of residence under special legislation.2), 3) If the citizen does not have a residence in the territory of the Czech Republic or cannot be detected, the place of his permanent residence shall be the registered office of the reporting office in whose territory he was born, or the registered office of the special matrix 12a) in the event that he was born abroad. '

32.

„§ 11

The residence of the resident referred to in Article 1 (1) (b) and (c) shall be governed by specific legislation.2), 3) '.

33. § 12, including the title reads:

„§ 12

Cancellation of permanent residence

(1) The Office shall decide to cancel the place of permanent residence,

(a) if the registration has been made on the basis of amended, invalid or falsified documents or false or incorrect information;

(b) if the object at whose address the citizen is registered for permanent residence has been removed or destroyed or is unfit for use for housing purposes under special legislation; or

(c) if the citizen's right of use for an object or a defined part of an object, the address of which is indicated in the population register as the permanent residence of the citizen and if the citizen does not use that object or its defined part.

(2) The Office shall decide to revoke the residence details referred to in paragraph 1 (c) only on the application of the owner of the object or of its designated part or of the authorised person referred to in Article 10 (6) (c). In such a case, the appellant shall be required to have the reasons referred to in paragraph 1 (a). (c) to report.

(3) The cancellation of the place of residence shall be indicated in the information system. "

Article 34 (13) reads:

Citation	Act No. 53 / 2004 Coll., amending certain laws related to the area of population registration
Regulation Type	-
Author	-
Collection	Code of Laws

Date of Promulgation	12.02.2004
Effective from	01.04.2004
Effective until	-
Status	Valid

Act No. 53 / 2004 Coll.

Law amending certain laws relating to the area of population registration

Contents

ČÁST PRVNÍ

Čl. I

„§ 1

„§ 3

„§ 6

„§ 6a

„§ 8a

„§ 10a

„§ 11

„§ 12

Contents

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