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2001 Population and Housing Census Act


158/1999 Coll.
2001 POPULATION AND HOUSING CENSUS ACT
dated June 30, 1999


The Parliament has decided upon the following Act of the Czech Republic:

Section 1

Population and Housing Census

The Population and Housing Census (hereinafter referred to as the "Census") is a means of obtaining data on population, its demographic, social and economic characteristics, level of housing, and structure of housing and dwelling stocks for statistical purposes .(1) The data refer to one date and are collected and processed in mutual relations and in territorial division for

a) the whole Republic,
b) territorial self-governing units,
c) districts,
d) communities,
e) parts of communities (2)
f) parts of communities’ territory with unique technical and urban conditions (hereinafter referred to as "basic residential units").

Footnote:
1. Section 2, paragraph 3 of the State Statistical Service Act No. 89/1995 Coll.
2. Section 1 paragraph 3 of the Community Act No. 367/1990 Coll., as amended by the Act No. 302/1992 Coll.


Section 2

Definition of Several Terms

For the purposes of this Act,

a)house shall be a structure, which is in accordance with a decision issued by the building authority (1) destined for living and also another structure, in which there is at least one dwelling,

b)dwelling shall be a set of rooms or one separate room, which meets, by its technical arrangement and equipment, the requirements for permanent living in accordance with a decision issued by the building authority,

c)dwelling household shall be a an association of natural persons living in one dwelling; it may also be one natural person under the condition s/he lives on her/his own,

d)administrator shall be a person who is authorized by law or a contract to take action concerning the house administration,

e)dwelling user shall be a natural person really using the dwelling,

f)enumeration unit shall be the territory of a basic residential unit or its part, in which data collection is ensured by an enumerator,

g)enumerator shall be a natural person who ensures data collection and other works for the Census as stipulated by the Czech Statistical Office,

h)Census supervisor shall be a natural person who controls enumerators and ensures other works stipulated by the Czech Statistical Office,

i)community shall also be a town, a statutory city and a part of the capital city of Prague,

j)economic activity shall be the fact whether the enumerated person was economically active (employed or unemployed) or economically not active (pensioners, children, pupils, students, persons in household and others) at the decisive moment of the Census.

Footnote:
1.Section 82 of the Act No. 50/1976 Coll. on land-use planning and building regulations (Building Act), as amended.


Section 3

Term of the Census

(1) The Census shall take place in the whole territory of the Czech Republic in 2001.

(2) The data collected in the Census shall be data effective at midnight from February 28 to March 1, 2001 (hereinafter referred to as the "decisive moment").


Section 4

Scope of the Census

(1) The Census shall apply to the following:
a) every natural person having permanent (1) or long-term (2) residence in the territory of the Czech Republic at the decisive moment,

b) every natural person being present in the territory of the Czech Republic and not having permanent or long-term residence in the CR,

c) every house, occupied or unoccupied,

d) every dwelling, occupied or unoccupied.

(2) The Census shall cover neither foreign citizens enjoying diplomatic immunities and privileges nor houses and dwellings owned by other countries and serving diplomatic purposes.

Footnote:
1.Section 3, paragraph 2 of the Act No. 135/1982 Coll. on reporting and evidence of citizens’ residence.
Section 7 of the Act No. 123/1992 Coll. on residence of aliens in the territory of the Czech and Slovak Federal Republic.
2. Section 6 of the Act No. 123/1992 Coll.


Section 5

Collected Data

(1) The following data shall be collected during the Census:
a) on natural persons:
1. identification data (first name and family name, birth number, address),
2. type of residence,
3. relationship towards the dwelling user,
4. date of birth,
5. sex,
6. marital status,
7. date of the current (last) marriage,
8. order of the current (last) marriage,
9. number of live-born children,
10. mother’s permanent residence at the time of your birth,
11. permanent residence one year prior to the Census,
12. citizenship,
13. nationality,
14. mother tongue,
15. religion, belief or without denomination,
16. highest completed education,
17. field of study including apprenticeship,
18. economic activity,
19. occupation,
20. position in employment,
21. branch of economic activity,
22. frequency of journey to work and school,
23. duration of daily journey to work or school,
24. place of work, place of school,
25. means of transport,
26. second or another employment;

b) on housing, dwelling and dwelling households:
1. type of housing,
2. occupancy status of dwelling,
3. legal reason for the use of the dwelling,
4. total floor space of the dwelling,
5. number of rooms (including kitchen),
6. location of the dwelling,
7. water supply system,
8. hot water,
9. gas,
10. main type of heating,
11. energy used for heating,
12. bathroom (shower),
13. toilet facilities,
14. number of personal cars,
15. personal computer,
16. telephone,
17. holiday house,
18. common housekeeping by the dwelling household members;

c) on houses:
1. number of dwellings in the house,
2. owner of the house (natural person or legal entity),
3. type of the building,
4. occupancy status,
5. period of construction, reconstruction,
6. material of outer walls,
7. number of floors (above the ground),
8. water supply system,
9. sewage disposal system,
10. gas,
11. central heating,
12. lift.

(2) Persons not indicated in Section 4, paragraph 1, letter b) state only data indicated in paragraph 1, letter a), clauses 1, 2, 4, 5 and 12.


Section 6

Obligation to Provide Data

(1) Persons indicated in Section 4, paragraph 1, letter a) and b) shall provide all data on themselves in the extent and way stipulated by this Act. The data for minor persons shall be provided by their legal representatives, for persons deprived of their legal capacity by their custodians. The data for persons having permanent residence in the enumeration unit but being temporarily not present shall be provided by another person from their dwelling household. If there is not such a person, the enumerator shall find out necessary data, if possible (for example from the community evidence or from the Police of the Czech Republic).

(2) Data on the house shall be given by the building owner; if the building is run by a building manager, the building manager shall provide the data.

(3) Data on the dwelling shall be given by its user. If the dwelling is not occupied, the data shall be given by the building owner, or, if the administration of the dwelling is performed by an administrator, the data shall be provided by the administrator.

(4) Everyone who is obliged to provide data shall provide them fully, correctly, truly and in time. Data indicated in Section 5, paragraph 1, letter a), clauses 13 and 15 shall be filled in in accordance with the person’s own decision.

(5) If more persons are obliged to provide data, the data shall be provided by one person who shall be determined by agreement. If no agreement is reached among the persons, the data shall be provided by the person asked by the enumerator.


Section 7

Census Questionnaires

(1) Data required in accordance with this Act shall be provided on census questionnaires by persons indicated in Section 6.

(2) The census questionnaires are the following
a) census questionnaire - persons,
b) census questionnaire - buildings,
c) census questionnaire - housing units.

(3) Models of the census questionnaires shall be stipulated by implementing legal regulations.

Section 8

Enumeration Units

(1) The enumeration shall be carried out in individual enumeration units. Enumeration units shall be determined by the Czech Statistical Office in cooperation with communities.

(2) Facilities of collectively accommodated members of the Armed Forces, of members of the Police of the Czech Republic, facilities of the Penitentiary Services of the Czech Republic and refugee camps form independent enumeration units.



Section 9

Census Enumerators and Census Supervisors

(1) The Census in individual enumeration units shall be carried out by census enumerators and census supervisors appointed in communities by the Czech Statistical Office. The communities shall present the Czech Statistical Office with their proposals concerning appointment of census enumerators and census supervisors not later than 60 calendar days prior to the decisive moment. If a community fails to present its proposals on appointment within the determined period, the Czech Statistical Office shall appoint census enumerators and census supervisors on its own.

(2) The appropriate Ministry shall appoint census enumerators and census supervisors in the enumeration units indicated in Section 8 , paragraph 2 (Section 18).

(3) When performing their duties, the census enumerators and census supervisors shall identify themselves by a certificate issued by the body which has appointed them, and by their identity card. The model of the certificate shall be determined by implementing legal regulations.

(4) Any natural person having a permanent residence in the territory of the Czech Republic, being over 18, having clear criminal record and the full legal capacity may become a census enumerator or census supervisor.


Section 10

Census Enumerators and Census Supervisors’ Obligations

(1) The census enumerators shall ensure the Census in the assigned enumeration unit in the given terms in such a way that all persons, houses and dwellings that are subject to the Census are included. The enumerators shall notably:

a) distribute and collect the census questionnaires,
b) provide all information necessary to the filling in of the census questionnaires, and help to fill in the questionnaires if necessary,
c) check the completeness of the completion of the census questionnaires,
d) compile reviews for preliminary census results,
e) hand over the completed census questionnaires to the census supervisor.

(2) The census supervisors shall be responsible for due course of the census in the enumeration units assigned to them, they shall notably:
a) control the work of census enumerators,
b) check the completeness of the census material,
c) summarize preliminary results,
d) hand over the completed census questionnaires to the Czech Statistical Office.

(3) The census enumerators and the census supervisors are obliged to take measures so as to avoid the completed census questionnaires being misused by any third party, damaged or destroyed.

(4) The census enumerators and the census supervisors are entitled to receive remuneration for the performance of their task whose amount will depend on the number of persons, houses and dwellings, in which they collected data. The amount of the remuneration shall be stipulated by the Czech Statistical Office.

(5) If any census enumerator or census supervisor cannot perform their task because of any reason, the relevant authority shall appoint a substitute. Section 9 shall be applied to appointment of the substitute accordingly.

(6) The substitute of a census enumerator or census supervisor shall be given a certificate issued by the relevant authority (Section 9, paragraph 1 and 2), in which it shall be indicated that it is a substitute certificate.


Section 11

Publication of the List of Enumeration Units, Census
Enumerators and Census Supervisors

(1) A community shall publish the list of enumeration units, including their delimitation, first name and family name of the census enumerators who will ensure the census in individual enumeration units, as well as first names and family names of the census supervisors, in a usual way not later than 14 calendar days prior to the decisive moment.

(2) The Czech Statistical Office shall provide the communities with the lists indicated in paragraph 1 not later than 20 calendar days prior to the decisive moment.

(3) If a substitute is appointed to replace any census enumerator or any census supervisor, the community shall publish this fact and the first name and family name of the substitute in the usual way immediately after being informed about the fact by the Czech Statistical Office.

Section 12

Conduct of the Census

(1) The adequate census enumerator shall deliver the census questionnaires to individual dwelling households, to operators of facilities providing accommodating services, to health services or facilities providing social care and to owners or administrators of houses and to individual persons who are subject to the Census.

(2) Operators of facilities providing accommodation services, health services and social care services shall provide the persons who are accommodated in their facilities at the decisive moment with the census questionnaires, and if these persons are not capable of completing the questionnaires for example because of their health condition, the operators shall complete them on their behalf, if necessary with the consent of their legal representatives.

(3) A dwelling user shall give the census questionnaires to all persons accommodated in the dwelling at night from February 28th to March 1st 2001.

(4) The appropriate census enumerator shall collect the completed questionnaires. The completed census questionnaires may be also given to the census supervisor or to the community within 12 calendar days following the decisive moment.

(5) If anyone who is in accordance with Section 6 obliged to provide data does not receive the appropriate census questionnaire, they shall apply to their census enumerator or to any community within 12 calendar days following the date of the decisive moment and they shall complete the questionnaires and hand them over additionally.

(6) If a person hands over the completed census questionnaire to the community in accordance with paragraphs 4 and 5, they shall enclose the census questionnaire in an envelope and stick it down. The community shall make an indication on the envelope showing that it contains a census questionnaire and shall keep the envelope so that its contents cannot be abused and shall deliver the intact envelope to the Czech Statistical Office not later than within 14 days following the decisive moment.

(7) If a census questionnaire is handed over to the community after the date specified in paragraphs 4 and 5, the community shall assume it as described in paragraph 6 and shall deliver it to the Czech Statistical Office without undue delay.

(8) The appropriate Ministry shall ensure the conduct of the Census in the enumeration units indicated in Section 8 , paragraph 2, by means of census enumerators and census supervisors.



Section 13

Data protection

(1) The census enumerators and census supervisors and other persons who get familiar with the data on individual persons collected in the Census or who work with them in connection with the Census and its results processing shall not make public or communicate the data to any other person and they shall not use the data for other than statistical purposes.

(2) Data on individual dwellings containing data on the dwelling occupancy, the total dwelling area and the total living area, the number of rooms, the dwelling location, the dwelling technical equipment and data on individual houses may be provided to state bodies and bodies of local self-administration at their request. The provision of paragraph 1 shall apply to protection of other data on housing, dwellings and dwelling households collected in the Census accordingly.

(3) Data on the first name and the family name may be used only in order to ensure completeness of the Census and in order to remove duplicities. These data shall not be recorded on electronic carriers or stored in computer databases.

(4) Unless provided otherwise in this Act, the Act No. 256/1992 Coll. on personal data protection in information systems shall apply to protection of individual data on natural persons.

(5) The census questionnaires shall be shredded after the Census result processing has been terminated.

(6) The state shall be responsible for a breach of obligations under the provision of this section.


Section 14

Secrecy Obligation

(1) The census enumerators and census supervisors who get familiar with individual data (1) in connection with preparation, conduct or processing of the Census are obliged to keep the secrecy with respect to these data. That is why they shall make a secrecy promise prior to the commencement of the work at the body that appointed them. The making of the promise shall be confirmed by their signing of the appropriate instrument. The secrecy obligation shall continue even after the termination of the work.

(2) The secrecy obligation indicated in paragraph 1 shall apply also to persons who get familiar with individual data in connection with conduct of the Census and processing of its results. These persons shall make the secrecy promise at the body which charged them with the work.

(3) The census enumerators and census supervisors are also obliged to do the following:
a) to keep secrecy about other facts than those stated in paragraph 1 which they learned during performance of the activity of census enumerators and census supervisors,
b) to refrain from conduct which could lead to a clash of public and personal interests, notably not abuse any information acquired in connection with performance of activity of census enumerators and census supervisors for their own benefit or for the benefit of somebody else.

(4) The Czech Statistical Office keeps records of persons who get familiar with data on individual persons in connection with conduct of the Census and its result processing.

Note:
(1)Section 2, paragraph 1 of the Act No. 89/1995 Coll.



Section 15

Sanctions

(1) Anyone who shall not comply with the obligation stipulated in Section 6 and Section 12, paragraphs 2 and 3 despite being asked to do so by a census enumerator or a census supervisor, shall commit an offence, for which they may be awarded a fine of up to CZK 10,000.

(2) Any breach of the secrecy obligation is an offence, unless it is a crime. It is possible to award a fine for such an offence of up to CZK 200,000.

(3) Offences specified in paragraphs 1 and 2 shall be heard by district authorities. Otherwise general regulations on offences shall apply to these offences and their hearings(1).

Note:
(1) The Offence Act No.200/1990 Coll., as amended

Section 16

Census Organization

The Czech Statistical Office shall organize, govern and coordinate the Census and shall ensure its preparation and conduct in cooperation with the Ministry for Regional Development, the Defense Ministry, the Ministry of Justice, the Ministry of Interior, the Ministry of Foreign Affairs, the Czech Land-Surveying and Cadastral Office and district municipalities and communities.



Section 17

The Czech Statistical Office’s Obligations and Competence

(1) The Czech Statistical Office shall notably
a) control and coordinate preparation and conduct of the Census,
b) ensure advertising and information campaign for the Population and Housing Census,
c) ensure preparation of the census questionnaires and their distribution to district authorities,
d) appoint census enumerators or census supervisors unless they are appointed by ministries or by another administration,
e) ensure a training of census enumerators and census supervisors,
f) take the completed questionnaires from the ministries,
g) keep records of persons who get familiar with data on individual persons in connection with the Census and its result processing,
h) ensure processing of collected data and publication of the Census results,
i) provide state bodies, bodies of local self-governing units and the public with statistical information(1) obtained from the Census.

(2) The Czech Statistical Office shall publish, in concert with the Ministry of Interior, the Statistical Lexicon of Communities which includes a list of communities and their parts in accordance with the territorial division of the Republic(2) and basic statistical information obtained from the Census.

(3) For preparation and conduct of the Census, the Czech Statistical Office is authorized to demand bodies of state administration and communities to provide it with necessary information from their records including maps free of charge. The mentioned bodies and communities are obliged to comply with its requirements.

Note:
1.Section 2, paragraph 2 of the Act No. 89/1995 Coll.
2. Constitutional Act No. 347/1997 Coll. on Establishment of Territorial Self-Governing Units and on Amendment of the Constitutional Act No. 1/1993 Coll., the Constitution of the Czech Republic. The Act No.6/1960 Coll. on Territorial Division of the Republic, as amended.


Section 18

Ministries’ Tasks

(1) The Ministry for Regional Development shall ensure materials for territorial preparation of the Census and their continuous updating and shall cooperate with the Czech Statistical Office in territorial preparation of the Census.

(2) The Ministry of Interior
a) shall cooperate with the Czech Statistical Office in creating instructions for district authorities and communities and in preparing materials for the Statistical Lexicon of Communities,
b) shall ensure enumeration of collectively accommodated policemen of the Czech Republic and of persons accommodated in refugee camps.

(3) The Defense Ministry shall ensure enumeration of collectively accommodated members of the Armed Forces.

(4) The Ministry of Foreign Affairs shall ensure enumeration of persons who have permanent residence in the Czech Republic and who work at representations abroad including their family members if they accompany them and if they have permanent residence on the territory of the Czech Republic.

(5) The Ministry of Justice shall ensure enumeration of persons in facilities of the Prison Service of the Czech Republic and of collectively accommodated employees of the Prison Service.

(6) The Czech Land-Surveying and Cadastral Office
a) shall ensure maps for revision of basic residential units and subsequent delimitation of enumeration units,
b) shall cooperate with the Czech Statistical Office in preparing materials for enumeration of houses.

(7) The Ministries specified in paragraphs 2 to 5
a) shall appoint census enumerators and census supervisors for enumeration units that are within their competence and shall ensure their training from the organizational point of view,
b) shall ensure delivery of the completed census questionnaires to the Czech Statistical Office within 25 calendar days following the decisive moment.


Section 19

District Authorities’ Tasks

District authorities
a) shall cooperate in territorial preparation of the Census,
b) shall ensure delivery of a sufficient number of census questionnaires to individual communities not later than 30 calendar days prior to the decisive moment,
c) shall organize training for the census enumerators and census supervisors.


Section 20

Communities’ Tasks

The communities shall have delegated powers to
a) provide the Czech Statistical Office with materials for delimitation of enumeration units in communities and make statements on the proposal to delimitate the enumeration units,
b) prepare description of individual enumeration units,
c) present the Czech Statistical Office with proposals on appointment of census enumerators and census supervisors in form stipulated by the Czech Statistical Office,
d) inform citizens about the importance, time and method of the Census in a usual way,
e) distribute to census enumerators the adequate number of census questionnaires not later than 14 calendar days prior to the decisive moment,
f) publish announcements on the Census, enumeration units and census enumerators (Section 11),
g) accept completed census questionnaires in cases indicated in Section 12, paragraphs 4 to 7 and deliver them to the Czech Statistical Office,
h) provide census enumerators with information necessary for the conduct of the Census from their records free of charge,
i) provide premises for the activity of census enumerators and census supervisors in the necessary scope and free of charge. If they do not have such premises, they shall cooperate with the Czech Statistical Office in their acquisition.



Section 21

Ministries, district authorities and communities shall fulfill their tasks related to the Census in accordance with instructions given by the Czech Statistical Office.


Section 22

Enabling Provision

The Czech Statistical Office shall issue implementing legal regulations in accordance with Section 7, paragraph 3 and Section 9, paragraph 3.


Section 23

Effect

This Act shall enter into effect on the 15th day following its promulgation.

Klaus in his own hand
Havel in his own hand
Zeman in his own hand


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