Act No. 559 / 2004 Coll.
Act amending Act No. 328 / 1999 Coll., on Civil Documents, as amended, Act No. 329 / 1999 Coll., on Travel Documents, and amending Act No. 283 / 1991 Coll., on the Police of the Czech Republic, as amended, (Act on Travel Documents), as amended, Act No. 200 / 1990 Coll., on Infringements, as amended, and Act No. 326 / 1999 Coll., on the residence of foreigners in the Czech Republic and on the amendment of certain laws, as amended
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Law
Effective from 01.01.2005
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559
THE LAW
of 24 September 2004
amending Act No. 328 / 1999 Coll., on Civil Documents, as amended, Act No. 329 / 1999 Coll., on Travel Documents and amending Act No. 283 / 1991 Coll., on the Police of the Czech Republic, as amended, (Act on Travel Documents), as amended, Act No. 200 / 1990 Coll., on Infringements, as amended, and Act No. 326 / 1999 Coll., on the residence of foreigners in the Czech Republic and on the amendment of certain acts, as amended
Parliament has decided on this law of the Czech Republic:
Amendment to the Travel Documents Act
Act No. 329 / 1999 Coll., on travel documents and amending Act No. 283 / 1991 Coll., on the Police of the Czech Republic, as amended, (Act on travel documents), as amended by Act No. 217 / 2002 Coll. and Act No. 320 / 2002 Coll., is amended as follows:
1. In Article 2 (1), the words "or names, as the case may be," shall be inserted after the words "name."
2. Paragraph 2 (2) reads as follows:
"(2) The travel document shall be prohibited from being kept and accepted as collateral and shall be withdrawn on entry into premises or land; the citizen is not entitled to leave the travel document as collateral even when he is abroad. ';
3. In Article 2, the following paragraph 3 is added:
"(3) It shall be prohibited to make copies of the travel document by any means without consent (1a) of the citizen to whom the travel document has been issued, unless otherwise provided in a special law or international agreement.
1a) § 5 of Act No. 101 / 2000 Coll., as amended by Act No. 177 / 2001 Coll. '
footnote (1a) shall be renumbered as footnote (1f).
4. In Article 3 (1), the words "with machine-readable data unless it has separate marked parts 1e 'shall be inserted after the words" citizen ID 1b)'.
Footnote 1e) reads as follows:
"1e) § 12 (1) of Act No. 328 / 1999 Coll. '.
5. In Paragraph 3 (4), "Ministry 'is replaced by" Ministry of the Interior ("Ministry') '.
6. in Article 5 (1), the following point (e) is inserted after point (d), including footnote (2a):
"(e) European Union replacement travel document, 2a)
"(2a) Decision of the Representatives of the Governments of the Member States, meeting within the Council of 25 June 1996 on the introduction of a replacement travel document (96 / 409 / CFSP).";
Point (e) shall be renumbered as point (f).
Article 7 (6) and (7), including footnotes (2b) and (2c), (3) to (3b) and (4), read:
(1) The travel document shall contain the data provided for by this Act and the digital processing of the photograph and signature of the citizen.
(2) Compulsory data entered on the travel document are:
(a) the name and, where appropriate, the name, surname, birth number, sex, citizenship, date and place of birth, and, where applicable, the diplomatic or service passport and the diplomatic or service title (s), the name of which shall be registered according to the current state of birth; 2b) only the country code of the country of birth is entered for citizens born abroad, 2c) the place of birth is not registered for them,
(b) the territorial and temporal validity of the travel document, the number of the document, the date of its issue and the designation of the office which issued it;
(c) machine-readable data recorded in the machine-readable zone of the passport, diplomatic passport or service passport in the following order: type of document, code of the issuing State, surname, surname, surname and, where applicable, citizen's name, travel document number, citizenship, date of birth, sex, validity of the travel document, birth number and control numbers, which are the numerical expression of the selected data in the machine-readable zone.
(3) A travel licence issued for return to the Czech Republic for a newly born citizen may not contain a birth number.
Optional data entered on the travel document at the request of the citizen shall be:
(a) in the travel document, the name and surname, date of birth and sex of a citizen under the age of 15;
(b) the title of a graduate of a higher vocational school, (3) the academic title, the state title, another degree of a university graduate, (3a) the term "associate" or "professor" (3b) (hereinafter referred to as the title) or the scientific title; (4) the title or the scientific title shall be given in abbreviation if it is provided for by a special legislation.
2b) Act No. 36 / 1960 Coll., on the Territorial Classification of the State, as amended.
2c) Communication from the Czech Statistical Office of 18 December 2003 on the issue of a code list (ČZEM), published under No 489 / 2003 Coll.
3) § 27a (2) of Act No. 29 / 1984 Coll., on the System of Primary Schools, Secondary Schools and Higher Vocational Schools (Education Act), as amended by Act No. 138 / 1995 Coll.
3a) Act No. 111 / 1998 Coll., on higher education institutions and amending and supplementing other laws (Act on higher education), as amended.
3b) § 70 of Act No. 111 / 1998 Coll.
4) § 102 of Act No. 111 / 1998 Coll. '
8. Article 8 shall be deleted;
9. Article 10, including the title, reads:
Amendments and additions
(1) Changes may be made to the travel document
(a) a citizen under 15 years of age, entered on the travel document by his parents, if this travel document is a passport, diplomatic passport, service passport or passport;
(b) the period of validity of the travel document, if this travel document is the travel document.
(2) The travel document may be supplemented by information on:
(a) a citizen under 15 years of age in the travel document of his or her parents, if this travel document is a passport, diplomatic passport, service passport or passport;
(b) the title or scientific rank.
(3) In another travel document issued under an international agreement, changes to the registered data or the addition of data may be made only if the international contract allows it.
(4) The amendment and addition of the data in the travel document shall be carried out by the authority responsible for issuing it. He may make amendments to the data referred to in paragraph 1 and to the data referred to in paragraph 2 (a) of the diplomatic mission of the Czech Republic or the consular office of the Czech Republic (hereinafter referred to as the representative office) abroad. '
10. In Article 12, the following paragraph 3 is added:
"(3) For the purposes of issuing a passport and keeping data in the travel document registration information system (hereinafter referred to as" travel document records'), the Ministry shall carry out the digital signature and photograph of the citizen; instead of the Ministry, this activity may be carried out by the municipal authority of the municipality with extended competence issuing the passport referred to in paragraph 1, provided that the technical conditions allow it. ';
11. the following Section 15a is inserted after Section 15, including the title:
European Union travel document replacement
In order to issue an authorisation for the issue of a replacement travel document of the European Union2a, the representative office shall be entitled to apply to the Ministry or the municipal authority of the municipality with extended competence to issue a travel document confirming the accuracy or specification of the information contained in the application for the issue of a replacement travel document of the European Union. ';
12. In Article 17 the title reads: "Conditions for issuing a travel document and making amendments or supplementing its data."
13. The first sentence of Paragraph 17 (1) reads: "The travel document may be issued and amendments or additions to the particulars entered in it may be made at the request which satisfies the requirements laid down by this law."
14. in Paragraph 17 (2):
"(2) An application for the issue of a travel document or, where appropriate, for changes to or additions to the data entered in it may be made by a citizen over 15 years of age; where the citizen is a minor, the application shall be accompanied by the written consent of the legal representative to his certified signature. ';
15. in Article 17 (4), including footnote 7) to (9), the following shall be added:
"(4) In the place of legal representative, foster parents may submit an application pursuant to paragraph 3, (7) a person who has been assigned to education under 15 years of age, (8) or a director of an institution for the exercise of constitutional education, who cares for a citizen under 15 years of age on the basis of a judicial decision. 9) These persons shall attach to the application the consent of the legal representative to his certified signature.
7) § 45a et seq. of the Family Act.
8) Article 45 of the Family Act.
9) Section 46 of the Family Act. Act No. 109 / 2002 Coll., on the performance of constitutional education or protective education in educational establishments and on preventive educational care in educational establishments and amending other laws. '
16. in Paragraph 17 (6), the words "The Directorate for International Law Protection of Youth. 10) 'is replaced by" the Office for International Law Protection of Children. 10). "
footnote 10 is replaced by the following:
"10) Act No. 359 / 1999 Coll., on Social Protection of Children, as amended."
17. in Article 17, the following paragraph 9 is inserted after paragraph 8, including footnote 10a:
"(9) When issuing the first passport, the citizen is obliged to prove the citizenship of the Czech Republic. 10a)
10a) § 20 paragraph 1 of Act No. 40 / 1993 Coll., on the Acquisition and Loss of Citizenship of the Czech Republic. "
Paragraphs 9 to 12 shall be renumbered paragraphs 10 to 13.
18. In Article 17 (11), the words "the municipal authority responsible for the management of the matrix 'are replaced by the words" the matrix office'.
19. In Article 17, at the end of paragraph 12, the sentence "The office of representative shall issue an official passport to the citizen also where the international agreement so provides. '
20. In Paragraph 17 (13), the words "or other persons entitled to do so 'are deleted.
21. In Article 18, the words "or" shall be replaced by a comma and the words "or additions" shall be inserted after the words "the implementation of the amendments."
22. in Paragraph 19 (1):
"(1) A request for the issue of a travel document and a request for amendments or additions to the travel document shall be made on the forms established by the Ministry in accordance with Article 20 (4) with the authority responsible for issuing the travel document or with the representative office. ';
23. in Article 19 (2), the words "the municipal authority responsible for the management of the matrix" shall be replaced by the words "the matrix office."
24. In Section 20, the introductory part of paragraph 1 reads: "A citizen applying for a travel document shall submit a completed application for a travel document containing the information referred to in Section 6 (2) and the following particulars: '.
25. in Article 20 (1) (b):
"(b) the address of the place of permanent residence in the Czech Republic; a citizen living abroad gives the address of his last residence in the Czech Republic, '.
26. in Article 20 (1) (c), the words "or names, as the case may be," shall be inserted after the words "name."
27. in Article 20 (1), the following point (d) is inserted after point (c):
"(d) Optional information provided for in Article 7, where a citizen requests to be entered in a travel document,";
Points (d) and (e) shall be renumbered as points (e) and (f).
28. In Paragraph 20, at the end of paragraph 1, the sentence "The application for a travel document must be signed by the citizen to whom the travel document is to be issued; the signature is not required if the citizen is prevented by a difficult obstacle. ';
29. In Paragraph 20, the following paragraph 3 is inserted after paragraph 2:
"(3) The signature of the citizen referred to in paragraph 1 shall, for the purposes of issuing the travel document, be understood to mean, by the citizen's own hand, a written statement of his name and surname. ';
Paragraphs 3 and 4 shall be renumbered paragraphs 4 and 5.
30. In Article 20 (4), the words "or the addition of data 'are inserted after the words" or the addition of data' and the words "for the implementation of the amendment 'are replaced by the words" for the implementation of the requested amendment or the addition of data'.
31. in Article 20 (5), the words "or additions" shall be inserted after the words "the amendment."
32. in Article 21 (1), the words "paragraphs 2 to 10 of Article 17" shall be inserted after the words "the applicant."
33. In Article 21 (2), the words "or names" shall be inserted after the words "or names, as the case may be," and the words "does not require" shall be inserted after the words "issuing a travel licence for the return of a citizen born abroad or in a case."
34. in Article 21 (3), the words "or to make amendments" shall be replaced by "to make amendments or additions."
35. in Article 22 (1) (b):
"(b) a legal representative, a foster parent, a person who has been assigned to education under 15 years of age, a director of an institution for the exercise of constitutional education, who is responsible for the legal decision of a citizen under 15 years of age, or of the Office for International Law Protection of Children,"
36. in Article 22, paragraph 3 is added, including footnote 13a):
"(3) (a) where the person referred to in paragraph 1:
(a) is in immediate danger of life, or a member of its family is in such danger;
b) is hospitalized and must be rushed back to the Czech Republic,
(c) is incapacitated; or
(d) is deprived of liberty and is to be expelled or extradited for prosecution in the Czech Republic, as decided by a court or other authority competent in criminal proceedings.
13a) Act of the World Postal Union, published under No. 308 / 1996 Coll. '
37.
The issue of a travel document to a citizen shall be refused or the travel document issued shall be withdrawn upon request.
(a) the court, where the enforcement of a judgment is ordered against a citizen,
(b) the court executor responsible for the execution of the execution where there is a clear risk that the citizen of the execution would thwart travel abroad;
(c) a criminal justice authority where criminal prosecution is brought against a citizen for an offence for which a custodial sentence of at least 3 years may be imposed; or
(d) the authority which executes or arranges the decision under special legislation, 14) where the citizen has not carried out a custodial sentence; That is not the case if he has been pardoned or has been barred.
13b) Civil Code of Procedure. Order of execution.
14) Criminal Code. '.
38. in Paragraph 24 (4), "15" is replaced by "30."
39. In Section 26, the words "pursuant to § 17 (2) to (10) 'are inserted after the words" the applicant' and the words "making amendments' are replaced by the words" amendments or additions shall be made '.
40. Paragraph 28 (1) and (2) reads as follows:
"(1) The travel document expires
(a) by the end of the period indicated therein,
(b) reporting its loss or theft;
(c) the loss of citizenship, death or acquisition of legal power by the court of a decision declaring the holder of a travel document (hereinafter referred to as the holder) dead.
(2) The authority responsible for issuing the travel document shall decide on its expiry if:
(a) it is damaged in such a way that the entries therein are illegible or are impaired;
(b) contains incorrect information or changes made; or
(c) its holder has substantially changed its form (Paragraph 20 (2)).
If a citizen agrees to a decision under this paragraph, an alert shall be made to the Protocol, otherwise a decision shall be taken. The appeal against this decision shall not have suspensory effect. '.
(41) Sections 29 and 30, including footnote 16, read:
(1) Data on travel documents and their holders are processed (16) in the travel document register of which the administrator (16) is the Ministry.
(2) The registration of travel documents shall be kept on computer equipment and shall include:
(a) the application for a travel document:
the application number for a passport with a machine-readable zone,
(b) the issue of a travel document:
1. the name and, where appropriate, the name, surname and birth number of the holder;
2. the place and district of birth and, in the case of a citizen born abroad, only the state of birth;
3. the number and type of travel document issued;
4. the date of issue of the travel document;
5. the period of validity of the travel document;
6. an indication of the issuing authority;
7. digital photo processing and signature of the holder,
8. the data referred to in § 7 (b),
9. Name, surname, date of birth and sex of a citizen under 15 years of age registered on the parent's travel document,
10. the extension of the travel document,
(c) travel documents lost, stolen or invalid:
the number and type of travel document lost, stolen or invalid,
(d) the detention of the travel document:
1. the type and number of the travel document to be or to be detained;
2. an indication of the authority which requested the detention of the travel document,
3. an indication of the authority holding the travel document;
4. the date and reason for the detention of the travel document;
5. the date and reason for the return of the detained travel document;
6. the name and, where applicable, the name, surname and birth number of the holder,
(e) refusing to issue or withdraw a travel document:
1. the type and number of the travel document withdrawn;
2. an indication of the authority which requested the refusal to issue or withdraw the travel document;
3. an indication of the authority which has decided to refuse the issue or withdrawal of the travel document;
4. the date and reason for the refusal to issue or withdraw the travel document;
5. the date and reason for the return of the travel document withdrawn;
6. the date and reason for the revocation of the refusal to issue the travel document;
7. the name and, where applicable, the name, surname and birth number of the citizen to whom the refusal to issue or withdraw the travel document relates;
(f) the hour, day, month and year of submission of the data.
(3) The information referred to in paragraph 2 (b) and (c) shall be kept for a period of 15 years from the expiry of the travel document, the data referred to in paragraph 2 (d) shall be kept for the period necessary to fulfil the purpose of the detention of the travel document and the data referred to in paragraph 2 (d). (e) they shall be retained for the duration of the grounds for refusal to issue the travel document, but for at least 3 years from the date of the acquisition of the decision, in the case of refusal to issue the travel document, and for a further 15 years from the expiry of the travel document, in the case of withdrawal.
(1) The authority responsible for issuing the travel document is for the Ministry of Processing (16) the data kept in the travel document register.
(2) The authority responsible for issuing the travel document shall, for the purposes of exercising its competence, be the user of the travel document records.
(3) The Ministry, the Ministry of Foreign Affairs and the municipal authorities of municipalities with extended competence from the population registration information system use the following information on citizens for the performance of government administration on the travel documents section:
(a) the name and, where appropriate, the names, surnames and, where appropriate, their change, surnames;
(b) the date of birth;
(c) sex and its change;
(d) the place and district of birth and, in the case of a citizen born abroad, only the State of birth;
(e) birth number,
(f) citizenship;
(g) the address of the place of permanent residence, including the previous address of the place of permanent residence;
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Regulation Information
| Citation | Act No. 559 / 2004 Coll., amending Act No. 328 / 1999 Coll., on Civil Documents, as amended, Act No. 329 / 1999 Coll., on Travel Documents and on Amendment to Act No. 283 / 1991 Coll., on Police of the Czech Republic, as amended, (Act on Travel Documents), as amended, Act No. 200 / 1990 Coll., on Infringements, as amended, and Act No. 326 / 1999 Coll., on the Stay of Foreigners in the Czech Republic and amending certain laws, as amended |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 09.11.2004 |
|---|---|
| Effective from | 01.01.2005 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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