Decree No. 646 / 2004 Coll.
Order on details of the performance of the file service
Valid
Effective from 01.01.2005
646
DECLARATION
of 13 December 2004
on details of the performance of the file service
The Ministry of the Interior provides pursuant to Section 86 of Act No. 499 / 2004 Coll., on archiving and file services and on the amendment of certain laws (hereinafter referred to as "the Act") for the implementation of Sections 9 (2) and 70 of the Act:
Receipt of documents
(1) Documents delivered shall be accepted at the place designated for that purpose (hereinafter referred to as the post office). The receipt of data reports shall be governed by specific legislation1).
(2) A document adopted outside the post office or a document resulting from oral submissions, if registered in accordance with Paragraph 2, shall also be deemed to have been received in accordance with paragraph 1; the register shall be carried out without delay after the receipt or creation of such a document.
(3) Where the reception and handling of documents are subject to specific legislation2), they shall be accepted separately and shall be kept in separate registers, the particulars of which shall be adjusted by the designated originator in the file and shredding order. The records of documents containing classified information shall be kept by the authorised person designated by the original3).
(4) The document or, where appropriate, the envelope of the document shall be stamped on the date of delivery and shall be forwarded to the office of discharge upon registration; in the case of documents received outside the post office and documents resulting from oral submissions, this shall apply mutatis mutandis. If the document is delivered in digital format, it shall be provided with an electronic datasetel4) and shall be sent for processing.
(5) The stamp shall always contain:
(a) the name of the designated originator;
(b) the date of service, where specific legislation so requires, also the time of service;
(c) the reference number;
(d) the number of sheets; and
(e) the number of sheets of annexes or the number of volumes of annexes, for non-paper annexes their number and type, for digital documents size in units of flats.
(6) If the address on the cover of the document indicates the name and surname of the natural person in the first place, it shall be forwarded to the addressee or, where appropriate, to the person designated by it, unopened. If the addressee finds, after opening the consignment which has been so delivered to him, that it contains a document of an official nature, it shall ensure that it is registered retrospectively and shall proceed further in accordance with the file and shredding rules of the designated originator. Where a document of an official nature is delivered in digital form directly to the addressee's e-mail box, the second sentence shall be followed mutatis mutandis.
(7) The cover of the document is retained as part of it,
(a) where, in accordance with specific legislation, the consignment is delivered to the designated originator in his own hands;
(b) if necessary for the determination of when the consignment was submitted for postal transport or when it was delivered to the designated originator;
(c) where this is relevant for the identification of the address of the consignor; or
(d) where the file and shredder rules of the designated originator so provide.
Document records
(1) The documents delivered and the documents resulting from the activities of the designated originator shall be recorded in the logbook or in the protocol (hereinafter referred to as "the log") kept by the feeder. The document received shall not be recorded separately but shall be attached to the document received with the same reference number.
(2) The documents referred to in Paragraph 1 (3) are subject to separate registration. The designated originator shall indicate in his file and shredding rules a list of documents which are not of an official nature for his activities; such documents shall not be subject to registration.
(3) The supporting journal is a book made up of pre-tied and numbered forms, bearing the name of the designated originator for which it is kept, the year in which it is used and the number of all sheets. It can be conducted in digital form with printing capability for permanent storage. The designated originator shall provide the delivery log against loss, alteration and unauthorised access.
(4) The documents shall be recorded in the logbook in the numerical and temporal order in which the designated originator received or originated from his activity. Where abbreviations are used for the entry in the log, their list and explanatory notes shall be an integral part of the log or protocol.
(5) The following information shall be kept on the document in the logbook:
(a) the serial number of the document under which it is registered in the logbook;
(b) the date of service of the document or, in the case of a document resulting from the activities of the designated originator, the date of establishment of the document; for data messages, the time of delivery shall be taken to be the moment when the document is available by electronic means;
(c) identification of the consignor; if it is a document resulting from the activities of the designated originator, it shall be entered as "Custom ',
(d) the number of the reference consignor, the number of pages of the document or its own document and the number of sheets of the annexes or the number of volumes of the annexes, in the non-paper form of the annexes, their number and type;
(e) brief content of the document;
(f) the name of the designated originator's organisational unit to which the document has been assigned or the name and, where applicable, the name and surname of the designated originator's staff member (hereinafter referred to as "staff member") to be dealt with;
(g) the procedure;
(h) the date of dispatch, the number of sheets of the document sent and the number of sheets of the annexes or the number of volumes of the annexes, in non-paper form, their number and type;
(i) the file character, the shredder character and the shredder period of the document or the year in which the document will be included in the shredder proceedings, the number of sheets or any other indication of the extent of the document stored;
(j) a record of elimination in the shredding procedure.
(6) The numerical series in the logbook starts on 1 January with serial number 1 and ends on 31 December. The remaining blank boxes shall be crossed out by the end of the page under the last entry in the logbook or the protocol and marked "Completed on 31 December with the reference number... 'and the name and, where appropriate, the name, surname and signature of the staff member responsible for the service. The blank boxes shall not be entered in the electronic logbook.
(7) If it is found, when a new document is entered in the file or the protocol, that another document has already been registered on the same subject, the previous document shall be attached to the new document. In addition to the postmark, the reference number of the previous document shall be recorded on the new document. For the previous document attached to the new document, the reference number of the new document to which the previous document is attached shall be entered in the box "Saved '. If the message log is kept in digital format, the merging of documents shall be carried out in accordance with the principles for the creation of the file.
(8) The document registered in the logbook shall be entered in the registry kept by the feeder. The register is a recording tool for searching for the document in the mail log. If the average number of documents registered in the logbook during the last 5 years is exceeded in one year number 3000, the register shall always be named and the register shall be valid. Other types of registers may be based on the nature, content and frequency of the documents registered. The register shall be kept in a binding book, in the form of a filing cabinet or in digital form with the possibility of printing. The register shall be kept together with the logbook or the protocol to which it is drawn up.
(9) The entries in the logbook and register, if kept in paper form, are made legibly and permanently. The error of writing shall be crossed out so that it remains legible even after repair. It shall be replaced, if necessary, by the correct entry. The repair shall be dated, by name, or by name, surname and signature of the person who carried it out. The record must record the process of handling the document, including any changes.
(10) The document shall bear the number of the hearing. The reference number shall always contain an abbreviation of the designation of the designated originator or its organisational unit, the serial number of the document entry in the file and the calendar year in which the document is registered.
(11) If a larger number of documents are delivered or produced on one case, a collection sheet containing the data as a delivery log may be used for their registration. The collection sheet shall be led to the reference number of the first document registered therein. The other documents registered in the collection sheet shall have the same reference number for modulation, supplemented by the serial number of the document from the collection sheet. The collection sheet shall become part of a file the documents of which are recorded in that collection sheet. In the box "Done ', the" Collection sheet' shall be entered in the mail log.
Distribution and circulation of documents
(1) In the course of the circulation of the document, the monitoring of its transmission and receipt shall be ensured and the proof of transmission and receipt shall be guaranteed, showing the nature and timing of the handling of the document.
(2) The registered document shall be sent for processing to the relevant organisational unit of the designated originator or, where appropriate, to the staff member for processing. The distribution of the documents received shall be carried out by the Registry in accordance with the internal rules of the designated originator.
(3) The document shall be taken over by the authorised staff member included in the relevant organisational unit of the designated originator or, where appropriate, by the staff member designated for the execution and certified to be taken over in the manner laid down in the file and shredding rules of the designated originator.
Processing of documents
(1) The document shall be handled by the designated staff member. If the document is handled in other than paper form, it shall record it on the document.
(2) Upon completion, the document shall be accompanied by an order setting up, the date and signature of the staff member who dealt with it. If the document is taken into account, the record and the order for establishment shall be indicated under the postmark.
(3) The staff member responsible for the management of the logbook or the protocol shall record in it how the document has been handled, when and to whom a written copy of the document has been sent. In the case of a document which has been dealt with together with another document, this shall be indicated in the box "Executed 'of the logbook or the protocol.
(4) All documents relating to the same matter shall be linked to the file. The file shall contain an inventory of all the numbers of the negotiating documents forming part of it. The continuity of the attached documents shall be indicated in the logbook.
(5) The completed file shall always include a written copy of the document or a copy thereof marked with the date of transmission for dispatch. The written copy of the document may be in digital form on technical media. These are part of the file.
(6) The staff member who has carried out the document shall mark it with a file character, a shredder's mark and a shredder's deadline or, where appropriate, the year of inclusion of the document in the shredder's proceedings, in accordance with the file and shredder plan of the designated originator.
(7) File characters indicate the different groups of documents according to their content.
(8) The shredder shall indicate the value of the document according to its content and indicate the way in which the document is handled in the shredder's procedure. The file shall be marked with a shredder character of the document to which it has been dealt.
(9) The shredder "A" (archive) refers to a document of permanent value, which will be selected in the shredding process as a archive for permanent storage in the archive. The "S '(rise) scraper indicates a document with no permanent value, which will be designed for destruction in the shredding process. The" V "(selection) scraper indicates a document that will be assessed and divided in the shredder procedure between the" A "and the" S "shredder documents or between the" S "and shredder documents.
Preparation of documents
(1) The document to which the "A" shredder will be assigned according to the file and the shredder plan shall be drawn up by the designated originator on a durable document paper.
(2) Documents resulting from the official activity of the designated originator shall bear the title and registered office and the reference number of the originator. Replies to documents received shall also indicate the reference number of the document received if it contains it. This is how you can label documents.
(3) Other elements of the document referred to in paragraph 2 in addition to those referred to in Article 4 are:
(a) date,
(b) the number of pages of the document;
(c) the number of sheets of the Annexes or the number of volumes of the Annexes; and
(d) the name and, where appropriate, the name, surname and capacity of the staff member responsible for signing it.
The date means the date of signature of the document.
Signature of documents and use of stamps
(1) The document shall be signed by the staff member in charge of the internal rules of the designated originator. Where specific legislation so provides, the signed document shall be stamped. The document in digital form is accompanied by an authorised staff5) by an electronic signature guaranteed).
(2) If the designated originator has several stamps of the same type with the same text, they shall be distinguished by serial numbers.
(3) The designated originator shall keep a record of the stamps, including a stamp with the name and, where applicable, the names, surname and function of the staff member who has taken and used the stamp, the date of receipt, the date of return of the stamp, the date of withdrawal of the stamp from the register and the signature of the staff member who is taking the stamp.
(4) The stamp is removed from the register in cases
(a) the loss of its validity;
(b) its losses; or
(c) wear and tear.
Sending documents
(1) The sending of the document is ensured by the designated originator via the shipping office.
(2) The dispatch shall be the place where the document to be sent shall be provided with the particulars of its dispatch. The station may be part of the mailroom.
Saving documents
(1) The procedure for the deposit of completed documents in the Registry shall be adapted to the file and shredder rules of the designated originator. The digital storage of documents is governed by specific legislation7).
(2) If the designated originator has set up both the Registry and the Administrative Archive, the staff member shall indicate on the completed document the time limit for the removal of the document from the Registry and the time limit for the removal from the Administrative Archive.
(3) The file character, the shredder character and the shredder period of the document shall be recorded in the mail log.
(4) The staff member in charge of the Registry Office shall examine whether the document deposited is complete and shall deposit it. He keeps records of the documents stored.
(5) The document shall be stored in the Registry according to the file plan of the designated originator.
(6) The Registry keeps a separate register of the documents borrowed. The procedure for lending documents and their registration shall be adapted to the file and shredder rules of the designated originator.
(7) If a document is lost, the "Loss" and the reference document number to which the loss has been addressed shall be entered in the box on the exclusion of the document in the file.
(8) A digital document with the shredder marks "A 'and" V' arising from the activity of the designated originator shall be entered in a format which guarantees its integrity and allows its subsequent reading. If this condition cannot be ensured by the designated originator, it shall transfer such documents to an analogue form corresponding to the time of their execution and shall affix them to the requirements of the original, at the latest before their inclusion in the shredding procedure; it shall proceed mutatis mutandis to the processing of documents received by the designated originator in digital form, including a certificate of validity of the electronic signature at the time of receipt of the document.
Details of the shredding procedure and the procedure for the decommissioning of documents
(1) All documents which have elapsed from the shredding period and the stamps removed from the register pursuant to Article 6 (4) (a) and (c) shall be included in the shredding procedure.
(2) The time limit shall be determined by the number of years from 1 January of the year following the completion or closure of the document. During the shredding period, the finished document shall be deposited with the designated originator and shall be included in the shredding procedure at the end. The shredding period shall be indicated by a number after the shredder.
(3) The shredding periods cannot be shortened. The shredder period may exceptionally be extended if the designated originator needs a document for his own activity. This fact shall be notified to the appropriate archive.
(4) A member of the shredder committee set up to carry out the shredding procedure shall always be a member of the staff member assigned to the Registry or Administrative Archive.
(5) The documents shall be prepared for the shredding procedure by the staff member responsible for the management of the Registry or Administrative Archive. In the lists of documents proposed for the shredding procedure, it shall indicate separately the documents bearing the "A 'shredder, and the documents bearing the" S' shredder. The documents shall be assessed by the shredder "V 'and classified either with the shredder" A' or with the shredder "S 'documents.
(6) Documents bearing the "S 'shredder mark may be presented in any form for the shredding procedure unless a paper form is required for their authenticity with the requirements of the original.
(7) The designated staff member shall send a shredder's application for the removal of documents and stamps to the records in paper form in duplicate. The shredder proposal may be sent in digital form with a guaranteed electronic signature.
(8) On the basis of the shredder proposal submitted, the authorised staff member included in the archive (the archivist) shall carry out a professional archival inspection of the documents and stamps proposed for disposal. During professional archival search, archivist
(a) assess whether the documents bearing the "A" shredder mark comply with the criteria laid down by law for the declaration of archives;
(b) assess whether documents with the "S" shredder mark are of no lasting value; if they find that they have a permanent value, they shall be translated into documents bearing the shredder "A ',
(c) assess the classification of "V" shredder documents among documents intended to be declared as archives or as documents intended to be destroyed;
(d) require the shredder committee to draw up a list of documents for storage in the archives referred to in (a) and (c) and a list of documents for disposal and destruction referred to in (b) and (c), and they shall accompany the report on the shredding procedure;
(e) agree with the shredding committee the time and manner of transmission of archives for storage in the relevant archive.
(9) After the archival search, the archivist shall draw up a report and give his consent to destroy the documents marked with the "S" shredder.
(10) Upon agreement to destroy the documents marked with the "S 'shredder, the designated agent shall ensure their destruction. The destruction of a document means its degradation in such a way as to prevent its reconstruction and identification of the contents.
(11) The shredder's proposal, the shredder's management protocol, the archive transfer protocol and the archive confirmation are stored with the designated originator and in the archive where the archives are stored.
(12) The recording aids shall be included in the shredding procedure only after all documents registered therein have been destroyed.
Common provisions
(1) Paragraphs 2, 3, 4, 8 and 9 apply mutatis mutandis to the recording, distribution and circulation, processing, storage, shredding and disposal of files.
(2) The provisions of this Order shall not apply where specific legislation provides for a different procedure for the receipt, registration, distribution, circulation, processing, drawing up, signing, sending, storing or using of documents.
Efficacy
This Decree shall take effect on 1 January 2005, except for the provisions of Sections 2 (8) and 5 (1), which shall take effect on 1 January 2006.
Minister:
Mgr. Bublan v. r.
1) Decree No. 496 / 2004 Coll., on Electronic Postage.
2) For example Act No. 563 / 1991 Coll., on Accounting, as amended.
3) Act No. 148 / 1998 Coll., on the Protection of classified information and on the amendment of certain laws, as amended. Decree No. 137 / 2003 Coll., on details of the determination and designation of the classification level and on the provision of administrative security.
4) Paragraph 2 (4) (b) of Decree No 496 / 2004 Coll.
5) Paragraph 1 (1) (c) of Decree of the Government No. 495 / 2004 Coll., implementing Act No. 227 / 2000 Coll., on Electronic Signature and amending certain other acts (Act on Electronic Signature), as amended.
6) Paragraph 11 (3) of Act No. 227 / 2000 Coll., on Electronic Signature and on the Amendment of Certain Other Laws, as amended.
7) § 3 of Decree No. 496 / 2004 Coll.
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Regulation Information
| Citation | Decree No. 646 / 2004 Coll., on details of the performance of the file service |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 22.12.2004 |
|---|---|
| Effective from | 01.01.2005 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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