Decree No. 96 / 2023 Coll.
Decree amending Decree No. 259 / 2012 Coll., on details of the performance of the file service, as amended
Valid
Order
Effective from 01.07.2023
96
DECLARATION
of 31 March 2023
amending Decree No. 259 / 2012 Coll., on details of the performance of the file service, as amended
The Ministry of Interior provides pursuant to Section 86 of Act No. 499 / 2004 Coll., on archiving and file service and on the amendment of certain laws, as amended by Act No. 190 / 2009 Coll., Act No. 167 / 2012 Coll. and Act No. 56 / 2014 Coll., for the implementation of Sections 64 (2), § 66 (6), § 69a (4) and § 70 (1) of Act No. 499 / 2004 Coll., as amended by Act No. 190 / 2009 Coll., Act No. 424 / 2010 Coll., Act No. 167 / 2012 Coll. and Act No. 298 / 2016 Coll.:
Decree No. 259 / 2012 Coll., on details of the performance of the file service, as amended by Decree No. 283 / 2014 Coll., Decree No. 85 / 2019 Coll. and Decree No. 504 / 2021 Coll., is amended as follows:
1. In Article 2 (1), the word "immediate 'is deleted.
2. In Article 2 (2), the words "enabling equipment 'shall be inserted after the words" services'.
3. in Article 2 (3) (e), "other options" shall be replaced by "other means."
4. in Articles 3 (2), 5 (1), 13 (1), 17 (3) and 26 (2), the word "without delay" shall be deleted;
5. In Article 3 (3), the words "where a public author carries out a file service in paper form or a unique identifier when a public agent carries out a file service in electronic form in an electronic file service system 'shall be added at the end of the text in point (c).
6. In Article 3 (3), at the end of the text in point (d), the words "if it is a paper document; the sheets of the annexes to the document delivered shall not be counted ';
7. in Article 3 (3) (e) and (f):
"(e) the number of annexes to the document in paper form, and
(f) the number of annexes to the document delivered which are not in paper form and their description. ';
8. In the first sentence of Article 4 (1), the word "a 'is replaced by a comma and at the end of the text of the first sentence the words" and fulfils the conditions for receipt of documents published by the public authority on its official record or website' are added.
9. In the last sentence of Paragraph 4 (1), the words "and 'shall be deleted and the words" and satisfies the conditions for receipt of documents published by the public authority on its official record or website' shall be added at the end of the text of the last sentence.
10. in the first and last sentences of Article 4 (2), the words "or" shall be replaced by a comma and the words "or does not satisfy the conditions for receipt of documents published by the public authority on its official record or website" shall be inserted after the words "illegible."
11. in Article 4 (3), the word "or" shall be deleted and at the end of the text of the paragraph the words "or does not satisfy the conditions for receipt of documents published by the public authority on its official record or website" shall be added;
12. in Article 4 (8), the words "and paragraph 4 and the result of the verification referred to in paragraph 5" and the words "and satisfies the conditions for its further processing" shall be deleted;
13. In Section 4, paragraph 9 is added:
"(9) Where a public authority authorises the receipt of data messages received by other electronic means of communication and where the nature of another electronic means of communication so permits, the public authority shall, on the basis of the results of the findings referred to in paragraph 1, confirm to the other consignor that the document has been delivered. The last sentence of paragraph 8 of the notice of confirmation of service shall apply mutatis mutandis. ';
14. in Paragraph 5 (2) of the introductory part of the provision, the words "in the case of a document" are replaced by the words "as part of it."
15. in Article 5 (2) (d), the words "other unique public-law identifier" are replaced by the words "unique identifier."
16. in Article 5, paragraph 3 is deleted;
17. in Article 6, the following paragraph 4 is added:
"(4) The public authority to which a digital document or a digital annex to a document in analogue form has been delivered in a portable technical medium shall ensure that the document or annex is inserted into the electronic file service system, if technically possible. ';
18. in Paragraph 7 (1):
"(1) Where a public author carries out a file service in electronic form in an electronic file service system, the unique identifier shall contain at least the designation of the public author and, where applicable, the abbreviation of the public author designation and the numerical or alphanumeric code. The unique identifier shall be inextricably linked to the document it identifies. ';
19. In Article 7, the following paragraph 2 is inserted after paragraph 1:
"(2) Where a public author carries out a paper-based file service, the unique identifier shall be:
(a) the document delivered with a completed stamp, or any other means of technology similar to the stamp to which the document is affixed,
(b) in the case of a document created by a public authority, the reference or registration number from the separate records of the documents allocated to that document. ";
Paragraphs 2 to 5 shall be renumbered paragraphs 3 to 6.
20. in Article 7 (5), the words "the designation of the document to be transferred" shall be replaced by the words "the unique identifier to which the document to be transferred was provided."
21. in Paragraph 8 (1) and (2), the words "is a book" shall be replaced by the words "shall be read as a book."
22. in Paragraph 8 (2), "species" is replaced by "type."
23. in Article 8, paragraph 3 is deleted;
Paragraphs 4 to 7 shall be renumbered paragraphs 3 to 6.
24. in Paragraph 8, paragraph 6 shall be deleted;
25. in Article 10 (1) of the introductory part of the provision, the word "at least" shall be inserted after the word "diary."
26. in Paragraph 10 (1) (d), "identification" is replaced by "identification."
27. in Article 10 (1), point (e) is deleted;
Points (f) to (i) shall be renumbered as points (e) to (h).
28. in Article 10 (1) (f), the words "or which the document has produced" shall be inserted after the words "assigned to the processing," and the words "or creation" shall be inserted after the words "to be processed."
29. in Article 10 (1) (g):
"(g) identification of the addressee and date of dispatch; and ';
30. In Paragraph 10 (2) of the Introductory Part of the provision, the words "the serial number of the document under which it is registered in the electronic file service system 'are inserted after the words" paragraph 1', the words "points (b) to (e) 'are inserted and the words" at least' are inserted after the word "further '.
31. in Article 10 (2) (a), the word "document" shall be deleted;
32. in Paragraph 10 (2), the word "a" shall be deleted at the end of (c).
33. in Article 10 (2) (d), the words "in digital form" shall be deleted;
34. In Article 10, at the end of paragraph 2, the dot is replaced by a comma and the following points (e) to (h) are added:
"(e) the serial number of the document in the file,
(f) the name of the addressee;
(g) the date of dispatch; and
(h) the number of components; a component means an indivisible part of a document which is in digital form, the document which is in digital form being at least one component. ';
35. in Article 10 (3), the text "(f)" is replaced by "(e)," the text "(i)" is replaced by "(h)" and the text "(a)" is added at the end of the text of paragraph 3. "
36. In Article 10, the sentence "If the public authority does not include a document in the file, the document shall also be kept in a separate register of documents kept in electronic form."
37. in Paragraph 10 (4), the word "basic" shall be inserted after the words "numerical" and the words "numerical" shall be replaced by "numerical";
38. Paragraph 10 (6) and (7) are deleted.
39. Sections 11 and 12, including the headings, read:
Reference and registration number of separate document records
(1) The public authority shall assign the reference number to the document registered in the basic registration document.
(2) The reference number shall include the indication or abbreviation of the designation of the public author, the serial number of the entry of the document in the basic registration document and the designation of the designated time period, which shall, as a general rule, be the calendar year, or, where appropriate, the indication or abbreviation of the designation of the organisational part of the public author or other characteristics characterising the facts relating to the document. The reference number may also be derived from the file tag, indicating the serial number of the document in the file or the document sheet number in the file.
(3) The public authority shall assign a document registered in the separate register of documents a registration number from the separate register of documents. The registration number from the separate document records shall meet at least the conditions laid down for the unique identifier.
File
(1) The public authority shall include a document registered in the basic registration document at the latest before the start of processing on the file. The first sentence shall not apply in the case of a public-law author whose specific nature of competence allows the performance of file services in electronic form in electronic file service systems pursuant to Article 63 (4) of the Act.
(2) The public authority shall include the files in:
(a) groups in kind; or
(b) type file; the internal structure of the type file consists of the component of the type file established by the public authority and of the component of the type file made up according to the time period laid down by the public authority.
(3) The public authority shall assign a file character and a shredder regime to the relevant group or component of the type file in accordance with the file and the shredder plan when it is established. Where a public authority reclassifies a file into another material group or component of a type file, the file and all documents included in the file shall be assigned a file character and a shredding regime for that class or component of the type file.
(4) The public author shall assign the document a file character and a shredder scheme to the file in which it is included. If the public authority transposes the document into another file, it shall assign the file character and the shredding regime of the other file to the document.
(5) The public authority shall affix the documents in the analogue form contained in the file to a common packaging containing at least:
(a) the brief content of the file;
(b) the file number,
(c) the file character,
(d) shredding mode; and
(e) the file identifier in the case of the performance of the file service in electronic form; the file identifier shall be readable by a technical means for automated data collection.
(6) The public authority shall keep, in the electronic file service system or in a separate register of documents kept in electronic form, information on the file at least:
(a) an identifier which is unique within the electronic file service system or separate document records;
(b) concise content,
(c) the file number,
(d) the date of establishment;
(e) the date of completion;
(f) the date of closure;
(g) the file character;
(h) shredding mode;
(i) whether the file contains the documents in analogue form and their physical location;
(j) information on whether the file was included in the selection of archives and whether the file was selected as archival; and
(k) the identifier assigned by the National Archive or the digital archive to the file selected as archival.
(7) The public authority shall record the details of the processing and closure of the file in the document.
(8) The public author shall indicate the method of drawing up the file mark and the structure of the file mark in the file order. "
40. In Article 13 (1), the words "in the case of the performance of a file service in paper form shall be inserted after the word" processing '. "
41. in Article 13 (2), the words "or technical means" shall be inserted after the word "persons."
42. In Paragraph 14 (2), the words "or to its metadata 'shall be added at the end of the text of point (d).
43. Paragraph 14 (3) and (4) are deleted.
44. in Article 15 (1) and (2):
"(1) In accordance with the substantive characteristics of the documents and files processed, the public authority shall determine the individual groups of matters and, when using type files, also those for type files and the components of type files contained therein. The public authority shall organise the material groups hierarchically, so that the material groups at the lowest level of the hierarchy include files or type files; the public authority may organise hierarchically and parts of the type file. Where a public author does not include documents registered in a separate register of documents in files or type files, he shall include the documents in the material group at the lowest level of the hierarchy. The public author shall identify the material groups and components of the type file with a file character and shall indicate the shredding regime for the material groups and components of the type file listed at the lowest level of the hierarchy.
(2) The public author shall indicate the material group or component of the type file containing the files of the expected permanent value, which shall be included with the design to be selected for archival, by the shredder "A '(archive). The public author shall indicate the material group or component of the type file containing the files without the expected permanent value to be included in the selection of the archives with the design for destruction, with the" S "(rise) shredder.'
45. in Article 15, paragraph 3 is deleted;
Paragraphs 4 to 6 shall become paragraphs 3 to 5.
46. Paragraph 15 (4) is deleted.
Paragraph 5 shall become paragraph 4.
47. in Article 16 (2), the word "at least" shall be added at the end of the introductory part of the provision.
48. in Article 16 (2) (a) and (b):
"(a) the reference number or the registration number from the separate document records assigned to the document and the file number, unless the reference number is derived from the file tag;
(b) the identification of the document from the records of the documents of the consignor, if the document is a reply to the document received, and if the document is indicated in the document received, ';
49. in Article 16 (2), the word "a" shall be added at the end of point (c);
50. in Article 16 (2), points (d) to (f) are deleted;
Point (g) shall be renumbered as point (d).
51. in Article 16 (5), the words "produced static text document in digital form or static combined text and image document in digital form" shall be replaced by "produced static text component or static combined text and image component," the word "document" shall be replaced by "components" and the words "designated document" shall be replaced by "designated component."
52. Paragraph 17 (4) is deleted.
53. In Article 18 (3), the words "enabling 'are replaced by the words" enabling' and the words "if not mediated by an automated link to the system 'are replaced by the words" or has an automated link to it'.
54. Paragraph 18 (4) is deleted.
55. In Section 19, the words "and files' are added.
56. Paragraph 19 (2) reads:
"(2) Before closing the file, the public authority shall check whether the completed file is complete, whether the mandatory particulars are included in the registration document and whether the conditions for the closure of the file are complied with. The public authority shall also check whether the packaging of documents and files in analogue form guarantees that they are inviolable and that they are legible. ';
57. In Paragraph 19 (3), the words "and 'after the word" characters' are replaced by a comma and at the end of the text of the first sentence the words "and the physical location of the analogue parts of the files' are added.
58. The heading above the sign of Paragraph 20 reads: "Procedure for the shredding procedure."
(59) In Article 20 (2) and (3), the words "and files" shall be inserted after the words "document management."
60. in § 20 (2) and § 21 (8), second and third sentences, the words "and files" shall be inserted after the words "documents."
61. in Paragraph 20 (4), the words "and files" shall be inserted after the words "the list of documents."
62. In Articles 20 (4) and 21 (8), the words "and files" shall be inserted after the words "documents."
63.In Paragraph 20 (4), the third sentence is deleted.
64. In Article 20 (5), the words "and files' shall be inserted after the words" list of documents'.
65.In Article 21 (2), point (c) is deleted.
Points (d) and (e) shall be renumbered (c) and (d).
66. In Article 21 (4), the words "and files' shall be inserted after the words" documents'.
67. In Paragraph 22 (1), the words "completed documents and closed documents" shall be replaced by the words "documents and," after the word "contains," the words "at least," the word "species" shall be replaced by "type" and the last sentence shall be deleted.
68. In Section 23, the words "digital documents' are deleted.
69. In Section 23 (1) of the introductory part of the provision, the words "digital documents' are replaced by the words" components'.
70. in Article 23 (1) (b), the words "the document stored" are replaced by the words "the components stored."
71. in Article 23 (2), the word "documents" shall be replaced by the word "components," the word "documents" shall be replaced by "components."
72. In Article 23 (3) of the Introductory Part of the Provisions, Article 23 (4) of the Introductory Part of the Provisions and Article 23 (5) of the Introductory Part of the Provisions, the word "documents" is replaced by "components."
73.In Article 23 (4) (d), the text "-3 'is deleted.
74. In Article 23 (6), the words "the document transmitted 'are replaced by the words" the component transmitted' and the words "its' are replaced by the words" its'.
75. In Paragraph 23, at the end of paragraph 9, the word "components' is added.
76. In Section 24, the word "document 'and the word" document' are inserted after the word "format '.
77. In Section 24 (3) of the introductory part of the provision, the words "digital document 'are deleted.
78. Paragraph 25, including the title, reads:
Name
(1) The public authority shall verify the existence of an alert on the consignor in the name register for the document received and record in the name register a link to the document or file for the relevant record in the name register.
(2) When sending a document, the originator shall select the addressee from the records in the name register.
(3) Where a public authority finds that there is a need for data to be kept in the name register of another person to whom the document relates and who is not a person referred to in paragraph 1 or 2, it shall verify the existence of an alert on that person in the name register and record in the name register a link to the document or file for the relevant entry in the name register.
(4) The public author shall create a new record in the name register where there is no record in the name register of the consignor, the addressee or any other person referred to in paragraphs 1 to 3.
(5) The public authority shall verify the accuracy and up-to-date of the data in the register from sources related to the performance of its tasks and, where appropriate, shall supplement the data from those sources at least when recording the link to the document or file to the relevant record in the register and when sending the document. ';
79. In Article 26 (1), the words "paper-based 'are deleted, the words" or files' are inserted after the words "documents' and the words" or files' are inserted after the words "documents'.
80.In Paragraph 26 (3):
"(3) Where documents or files are recorded in the replacement register, the public authority
(a) transfer documents or files registered in the replacement register to the recording instrument in which they normally register documents or files; or
(b) retain the documents or files registered in the replacement register and keep the documents or files which cannot be handled in the replacement register in the document or files in which it usually records the documents or files. ";
Article 81 (26a), including the title:
Application of the rules concerning documents on file
Unless Articles 2 to 11, 13 to 16 and 18 to 26 lay down rules on the file, their provisions on the document shall apply mutatis mutandis to the file, unless this precludes its nature. '
Transitional provision
The public authorities shall bring the performance of the file service into line with the requirements of Decree No. 259 / 2012 Coll., as effective from the date of entry into force of the Decree, until 31 December 2026.
Efficacy
This Decree shall take effect on 1 July 2023.
Minister:
Mgr.
Sign in for notes, favorites and notifications
Regulation Information
| Citation | Decree No. 96 / 2023 Coll., amending Decree No. 259 / 2012 Coll., on details of the performance of the file service, as amended |
|---|---|
| Regulation Type | Order |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 13.04.2023 |
|---|---|
| Effective from | 01.07.2023 |
| Effective until | - |
| Status | Valid |
Public Contracts 5
Objednávka úprav číselníku Spisový plán a mechanismu přidělování spisových znaků v Informačním systé...
Rejstřík trestů
Seyfor, a. s.
169 400 CZK
18.10.2024
Notifications
SMlouva o dílo na provedení analýzy současného stavu digitalizace v oblasti procesů UHK se specifick...
Univerzita Hradec Králové
PragoData Consulting, s.r.o.
235 950 CZK
15.10.2024
Smlouva o dílo na provedení analýzy současného stavu digitalizace v oblasti procesů UHK se specifick...
Univerzita Hradec Králové
PragoData Consulting, s.r.o.
235 950 CZK
15.10.2024
Dodatek č. 5 ke smlouvě o dílo na implementaci agendového informačního systému
Probační a mediační služba
Asseco Central Europe, a. s.
16.10.2023
Notifications
Notifications
Smlouva o údržbě a podpoře ERMS Č. j. 1928/2023-SŽ-SŽT-OPS
Správa železnic, státní organizace
M.I.T. Consulting, s.r.o.
13 552 000 CZK
18.08.2023
Source:
Hlídač státu
(CC BY 3.0 CZ)
The regulation text is for informational purposes only.
Comments 0